The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-01-26

West, they have always beencompled with
will the Executive turn his eve TO any 9th
er quarter? no Executive would do so n,
Executive would take the responsibility q
treating the Westwith such neglect. When
ever these appointments have been made
they were made from the section where th,
Circuits were created. lie believed ther,
was bp single exception 10 this statemen
when the Senate refused TO confirm noni
nation by President Madison, ofo Judge fo
the Northern Circuit, after il had been ten
dered to an individual now holding dis
tinguished station; il was then offered tt
the Lieutenant Governor Of Massachusetts
| ndthirdlyto person who did not reside il
the District, and whose nomination was moi
confirmed. Judging from the fact that there
ls no want of talent in the Western States
the selection can be made from the West
! and IL will and ought To be so made.
If the selections are 10 be made from
those sections Of the country, will any gen
tlenan who considers the subject, believe
that they will not carry with them to the
Supreme Bench, local views and feelings,
which may have a tendency 10 distract the
Court, and to upset many decisions which
have been made there? We have thus some
reason to fear that those evils may arise
which the gentleman from Virginia had
contemplated. 1t would not do 10 tell him
that Judges haveNot these feelings. They
are but men, and such feelings are common
TO all men. If then local feelings and pre-
JUDGES may be called into operation onthe
Supreme Bench, and thus lead to tran of
injurious consequences, We are called On 10
pause before we pass this bill, for we have
a right to fear lest il may open tn" door to
such evils. lie did not intend to cast any
reflections on the West. No man more
highly respected dtheir patriotism and chval-
rous acts: but if we admit them to the Su-
preme Bench, they will come there as men,
and not as angels. bringing their local feel
lngs and their prejudices with them, which
men from those sections of the country
must be expected to bring. All the con
sequences which have been predicted, NAV
IN that Case arise. Is it not important that
the decisions ofthe Supreme Court should
be uniform: What would be the situation
of the country, if one construction of law
should prevail to-day, and different one
Tomorrow? And if we are to have ten Su-
preme Judges, and perhaps more, how long
will the decisions of the present Court be
law? No one would believe that many of
their decisions would not be reversed.
Here the honorable member made reference
to some decisions of the Supreme Court, but as
we did not catch the designation OF the partic-
ular cases 80 clearly as to remove all doubts on
our own mind as to their accuracy, we prefer
emitting them to giving any incorrect state
ment of them.l National Journal.
The decisions the Court are not so fixed
but they may be upset by one or two Judg-
es; and in that case, what security have we
that what is now law will long continue to
be law? In this view of the subject he coin
cided i'll opinion with the gentleman from
Virginia, that there would be no permanent
cy in law.
In the first view Of the arrangement of
Judges embraced by this bill, We are to
take in all the, Western States. But when
the Territories shah become, States; and
when new Territories shall cone in; when
our Western population shall still keep on
increasing-when our States shall extend to
the barren hcaths which lie round the Rocky
Mountalns-wil the arrangement of this
bill be then sufficient for the increased
wants of the Union? The citizens from
those distant regions viii then come OH this
floor and tell Us" We have cut down the
forests-we have cultivated the wilderness;
we are members Of the same family; and
are we not to have equal participation in
the advantages of the American Union?"
When they shall thus come to us, we shall
find it as difficult TO resist their pray ers as
we do now.
He woCld take another view Of the sub
ject. If there be deficiency in the sys-
ten, as at present organized, let us remcm-
Der that the evil is felt not in the West on
ly, but IN every part of the country. Are
there no defects which apply TO other sec
tions: is not the system which brings JUS
tice to the door of every citizen, the most
congeniul to our institutions, the cheapest
and the best? What now is the condition
OF an individual who carries his suit into
the Supreme Court: lie would reply to this
question by the statement of a fact. Not
many days ago, gentleman we think he
saia of this lfouse had informed him, that
in case in which he was concerned, and
in which an appeal was made TO the Su-
preme Court he made an offer of 6,OC0 dol
lars, rather than have it brough, into that
court. The offer, however, was not accep-
ted, and the cause was carried there 1t
had been there Cur terms-at the-fifih term
ne was unable tc be there himself, although
he was a professional man Ii WAS then
finished, and the expenses were $500 dol.
lars, while his bill OF costs was only 40
dollars. Even at this rnomentcunstituent
of his have a suit before the Supreme Court
invglving about l0,COO dollars. Ii is the
6J,h on the docket; already both parties
have expended an amoun; almost approach
ing to that sum; and there is yet no pros
ncrt Of N termination lfthpn we are IN