The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1825-11-17
VOLU9iE IL.

question presented by the gentleman from
Westerly, continued Mr. His important hut
1t strikes me that its effect would bc ifadop-
ted To refer the matters under considera-
ton IRON bad to worse jurisdiction. II
1t DO indeed true that the supreme cour, is
composed ofmen OF skill in science, of pro-
iessiolnl talent and legal attainment, does
not tiisiiouse likewise contain equal abili-
tics Y men % profound judgment and high
iesriiiag, % winch we have just had an an.
stance; IL is not because we consider our.
selves incompetent 10 perform these duties
tiat We propose to transfer them to othcrs
1t Is because this Is not the proper tribunal
from It's very constitution fitted for the trial
oi such matters. There Is enough viother
business to cngross our attention. The in
solvent business usually before us urisea
from small concerns, and to relieve thal
practical Inconvenience resulting from ,ba
transaction of this business before the Lee
gislaturc, II has become necessary to makes
a division and trunsler it to those better a..
bic to attend to its transaction. Can you
expect your supreme court US il now is, will
do thlsS They already have jurisdiction Of
every kind laid upon their shoulders and aro
almost broken down with tho accumulation
OF the business that comes within their ad-
Judicaton. To refer to but one item, thcro
~ now moro probate business transacted i'm,
Tins state, more cases affecting personal and
property concerns, by one half than there
were thirty years ago, and IN ono genera
ton the consideration OF this vast property,
must pass through the court ofprobatc, and
IN every case of Interest brought before your
supreme court. With this accumulation of
business and in the manncrihe court is now
holden, how will the Judges ofyour supreme
court, have ability to attend to 30 important
an addition to their duties2 do not mean
ability as it regards their capacity, but in.
point OF tune. In most other states the iu--
rlsdlctioD over tho concerns of nsolvents,.
partakes of the nature of the chaucery iu.
rlsdicuon and il is ilnpcrtxnt that tl,ese
should be kept distinct; il is not proper tn
mngle them in court oflaw. think sir.
We have some mcn competent to this task-
who arc not in the supreme court. That
court IL already incuwbercd and nea rly bvo-
ken down with the weight oi'its doc kct. md
1t appears to me, We ought not TO increase
the difficulty BY All additional bu'.dcu.
! listened sir, with much interest to tho
remarks OF the gentleman from Westerly.
upon the high learning which he SAYS does.
or at least should, distinguish the members
OF the highest Judicial tribunal in tho stato.
and j thought he meuntby his animated GU
logy to arouse in us sensc of shame and
confusion that il il such court as 4, is. II
speak not OF the men, but of tho system)
and that he meant TO call the blush upon our
cheeks that we have 30 long delayed to
make this court what il oug',t to be. It's
III 'aln to attempt to conc .ul the gross im-
pericctions oithe system. 1t hos gone u
broad, and we can scar &C open paper or
take up review TIM. does not contain n
sncer upon the lear ned courts of Rhodc-Is-
iand II Is wor dcriul, under the circum-
stances, that f.ie men appointed to these
hta'iohs nave done so well. AS citizens
respect The m highly, they are doubtless the
pest men ofthc kind, but from tho present
mode SELECTING and appointing them, the
ih'er ence must DC drawn that they cannot
DC more competent than any other five men
AIKEN inditFerently from the community. !
appeal 70 any gentleman who has been In
the habit Of attending our courts, appeal
to the gentleman from Westerly, if ho has
not frequently seen five men on the jury, as
compctent 70 transact the business Oh tho
bench, rs those who sat there, and with
whom tho court might change places with
out detrimcnt to the rights of parties.
Have they the legal attainment, the tech
meal learning, the tacat that VIC arc to
look for in men Of their station? ] presume
sir, wo are not to be- led OF from the fact
that they arc not tie most talented men il
the state.
And yet fear the Gentleman from Wcr',
crly viii fail in drawing the attention ofthis
House to the evils in our system Of Jurir-
prudence. We began in error, and il
seems we must continue and fear yyc Al r.