The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1825-11-17

commissioners would be more likely to at
tond to their duties; the court would be
rendered more respectable and there would
be an uniformity of decision. There il no
doubt, continued Mr.. ID. the jurisdiction of
insohent petitions ought to be transferred
to some other tribunal. Experience has
already shown the inconvenience arising
from Legislating on judicial matters, aud
the Legislature have been compclled. as
business increased upon them, to delegate
some oithe Judicial powers which they for
merly exercised. II has now become ne
cessary to delegate the business of TRYING
insolvent petitions, But wish the bill de-
signed TO effect this object 10 pass in as
much perfection as we are capable of Civ
ing it.-For my own part hope it will not
pass as it now stands. should be dispos-
ed to refer this business to the supreme
court, the highest tribunal in the state. and
one which is already created at our hands.
1t is now proposed to establish new trbu-
nal IN the state, and this must necessarily
be attended with great Inconvenience.
should be opposed to erecting new Judi
ciol power; the state is small, and a great
portion oitlme is now taken up with courts
and the Legislature, and yet we are about
to make another tribunal which mus, add
to this inconvenience. The business of
court OF commissioners will involve nnpor-
nnt interests, Extensive failures may take
place, requiring deep investigation, anac-
qualntance with mercantile alfairs and lc.
gal decisions, connected with important
principles. 1t will become necessary that
counsel should be employed, and that time
should be allowed for the examination of
cases. For the performance of such du-
ty tribunal IL necessary, composed of
men of talents and legal ability, and if we
were to select the best talents in the state,
the greatest experience in judicial con-
Germs and the highest legal attainmcnts,
where should we expect to find all these
hut IN your supreme court, the highest iu-
Gisicl tribunal IN the state? Where else.
would ask aro we to look for men the most
distinguished for Judicial abilities? To
such court then ought we to transfer the
jurisdiction of these petitions. Where
there is to be but one trial, and that trial
OF so much Importance to the interests Of
the community, TO whom should il be refer
red but to the highest legal tribunal in the
state, the Judges ofwhich arc presumed TO
be acquainted with judicial proceedings.
and prepared to settle questions, however
important, thut should come before them.
1t is objected that the court will not have
time to attend to this new business. Why
sir, the supreme court is now occupied but
from ten TO thirteen weeks in the year.
There are five judges to do the business of
a small state, and yet we arc told they have
not time TO do it in. Then il must be be-
cause they have not sufficient compensa-
ton for employing their time; here are 40
weeks in the year unemployed. Could they
not find time if they were properly paid for
it? Can they not ad journ if il il not in their
power to attend to this new business at the
regular terms? The business may be post
poncd until the jury is dismissed, and then
disposed of in little additional time, and
this arrangement will not break in upon the
system now established for your courts.
Business ofthis kind should be done openly.
You ought not to establish obscure courts
in by corners to try Nese petitions, but it
should be done in the light. Ifthe state is
not to pay any thing for il, the supreme
court can afford TO do il for less than a nc a
court Gun. But if il is determined 10 eFe,
the matter to new tribunal, you nav a,
least so increase the entries as 10 mcreaso
the compensation in proportio'. to the d,.
ties to be performed. If you say FIVE dol
lars for all entry, it would AMOUNT to Eomo-
thing divided among three men, but ifit is
TO 90 TO 0persons it y,ill amount ~ nothing.
five arc To adopt this bill I cm persuaded
tins viii be an improvement. If you ap-
point so many men with 30 inconsiderable a
compensation, you viii get none bu, incom.
petent persons 10 accept the Office, and the
result viii be you will have petitioners who
have been rejected a, these courts, coming
back for now trials, and thus the business
will DO in great measure returned upon