The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-05-04
Hr. 1;ottins' Sprect.
JUDICIARY BILL.

under consideration, together with the motion
of Mr.. Woodbury. TO recommit, with instrue
fions to report such amendment as v..il remove
any existing grievance without an increase o.
the Judges OF the Supreme Court.
Mr.. ROBBINS, of Ri e-Island, ad
dressed the Senate as follows:
The only effect Of the proposed amend.
ment is to apply the present system to parts
of the country to which it is now applica
bic so far it is q remedy, such as 1t is SC
far it implies an existing defect; but the e.
vii of the system itself, the intrinsic evil, anu
shat is great, and one that calls loudly toi
redress, is left without any remedy at all
indeed the proposed amendment tendsrath-
erto aggrayate that evil. And what makes
the proposed amendment the more aggra-
vatng, is, that remedy for this intrinsic
evil would supply the defect TO be supplied
by the amendment, and supply it in q much
better manner than will be done by the a
mendment And further that, by adopting
the proposed amendment, we put the remc-
'dy of the intrinsic evil out of our power,
now and hereafter, but with very groat in
convenience and difficulty: indeed if this
amendment is adopted, for one, shall des-
pair of ever living to see that remedy ap-
piled.
The defect now proposed to be supplied,
is a growing defect; the time is coming
when this growing defect will call for a.
mother supply OF Judges; having begun with
this plan, we must go OH with it; and the
Supreme Court will become so numerous
that the sense of individual responsibility
will be lost by being divided with the num-
bers that will compose it.
.Nume,us defepdu: this ought never to be
applicable TO a judiciary body. 1t will in
this way become applicable to the Supreme
Court of the nation, and numbers will de-
fend it will shelter the individual from in
divldual responsibility to public opinion
that best OF all possible securities against
his inattention, against his negligence. 1t
j. 10 answer to say you will have his secu-
rity as to the Judge on lis circut-that
signifies nothing, if you are TO lose it again
on the Supreme Bench.
II does tend to this-it will come TO this
in time, that this multitudinous Supreme
Court will be little better than mere reg
istering Court of the judgments and OF the
DEGREES of the inferior Courts. This is ma
tural, the necessary tendency of the prin-
ciple on which you are making this amend
ment; see it plainly it is too obvious not
TO be seen, should think, by every one
it must, it will come to this result For,
when our present territories shall be States
when some of our present States shall be-
come divided into other States, as they pro-
baby will be when the whole valley OF the
Mississippi from the Aleghanies to the
Rocky Mountains, from the Lakes to the
Gulf OF Mexico. shall be full ofpeople, ful
Of business, full of wealth (and time Is ra-
pidlv rolling on this state OF things) vii
your four itinerant Judges Of the Supreme
Court suffice for the courts of these bound.
less regions of country for chose counties:
multitudes of men, compared with which
any one kingdom of Europe would dwindle
into insignfcance ? No, Sir, not four, MOI
ten times four would suffice. Yet this j,
the very state ofthings into which you are
precipitating the country, by adopting tins
amendment: by rivetting upon the country
the necessity of going on with this misera
bic system of adding and adding and adding
Judges upon Judges, and Judges upor
Judges, to constitute your Supreme Court
Sir, it will not dot is intatuation To think
Il will do. II is worse than tamperlng Q
lnalady it is applying remedy that Is II
itself disease, or the cause OF disease, ant
much worse than the malady itself; re
medy as much worse as bad medicine, a.
poison even is worse than no remedy at ali
No man has said, no man will say, tha
this plan of Judiciary will do for anI
length of time. All agree that it will no
do that sooner or later it must be aban
Ioned, and different plan adopted: one
better adapted to the circumstances, an,
To- the future progressive growth Of IN,
country. But the advocates Of the plai
content themselves with saving that il vii
do for the present, and for while per
haps for twenty years TO come: and add
not very commen1ably, Jet those thatcdmt
after us provide themselves q better. J.
this the language proper for grave ant
proyident legislature, upon so grave con
ccrn as Judiciary for The country? =
all things, ought a reform ci' a Judiciact N
q temporary expedi-ntS Knowing that
must be temporary, knowing that il mus
give place to better, and knowing that
must operate a. an rnpcdiment 10 a better
And will it be no impedinent % those thu
come after US to have host gf superI'rme
rsry Judges on hand. whic!i your propose,
plan will have entailed upon them Wi
not that be an argument with them to 9,
on as you will have begun But you aGmi
that they cannot 90 on; that thcS must
tiis difficulty notwithstanding .abalden ecu