The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-05-04

they adopt another Because, and only
because, the reasons recommending II will
make il preferable plan: and pray are
not the same reasons as good for us, as they
will be for them Sdrely they are for the
reasons must arise from the nature of the
thing itself, which must be the same now
as then; must arise from the superior in
trinsic excellence of the system to be a.
dopted, compared with the system in prac-
tice. We go on, then, If we proceed with
the plan proposed, upon the presumption
that those TO come after US will be wiser
men than we are; so much wiser, as TO
undo what we shall have done, and do for
themselves what we ought 20 have done
for ourselves and for them too. Why do
we do any thing now Because something
musr be done TO appease the complaints OF
! Of those parts of the country TO
| which the present system does not extend
itself--we extend the system to appease
those complaints and why do we not go
| further, and make the system what it ought
10 be, and what We admit it finally must be?
Why ask again Is it because some diff
! ficulties are TO be overcome? Some divi-
ded opinions 10 be reconciled ? Some pre-
ludces of different kinds to be encounter
ed ?--is II then the part of statesmen, not
to wrestle with difficulties, and overcome
them, bat to evade them by shifts and tenn
porary expedients 1t is the most short.
sighted of all policy in all pursuits, wheth-
er by individuals or by the public. Diff
culties eyaded, but not overcome, ore sure
to return upon us again and again, till they
| either master US, or we master them. Sure
! ly then il is better for us 10 meet, and to o.
vercome them, il possible, in the first en-
counter. | said that the intrinsic evil of the
present system was great, and one that
called loudly for redress. Now what is
that intrinsic evil tits. this: that the final
Justice Of the country is so cbstructed by
delay, and encumbored with expense, that
Il is in effect denied to the great body of
the citizens an evil that is necessary and
Inherent in the system itself at present or
ganized and is a growing evil.
As to the fact of delay, it is too notori-
ous to require formal proof; if doubted by
any one, that doubt will be removed by in
spccting the docket of that Court the de-
lay of trlal by the course Of the docket, and
in that course is about three years. The
delay is gaining ground from year to year,
and it must keep gaining. AT the late term
only thirtysiX causes were disposed of i'll
the regular course of the docket, and sixty
| three new cases were entered and of the
entries in the vacation, we do not know
how many there will be, but prDtdbly
considerable number. The docket now
stands at about two hundred. And ii il no
thing but this very great delay, and the Sc
rious evils attending it, that prevents the
entries from being much more numerous,
even more than double what thoy now are
Nothing, in word prevents the delay from
being at this moment although intolerable,
but the difficulties interposed between the
citizen and the final Justice of the country.
1t is proverbial, that the delay Of lnstice
is injustice /: it is true as most proycrbial
sayings are. 1t often happens that there
is no difference between the denial Of JUS
tice and its long delay it comes too late
when the unhappy suitor has become the
victim of its delay; a too frequent result.
But, the enormous expense and conse-
quential losses caused by the delay, is n
still greater evil many citizen is thereby
shut out and cut off from all access to the
! final Justice of bis country. Men ofmodc-
rate circumstances, and this is the condi-
ton of the great body of the citizens, can
not encounter these expenses and the 9TH
or evils Of this delay; they must compro-
mise in preference in the best manner they
can; If they do not they incur certain in
Jury, they risk their probable ruin. And
what Judiciary is that, where only the
rich can command its final justice, and
where the middling classes must take of
the rich only such Justice as they may vol
UNFAIRLY accord them? say, the wealthy
litigant is enabled by this system to dictate
his own terms ofcompromise to his antag-
onlst who is not wealthy. He has done 1t,
and may always do it.
Now, what is proposed az the remedy Of
this evil? Proposed by this bill, mean
1t is the addition OF about twenty DAYS TO
the annual term of the Supreme Court.
Can any one suppose that this viii remove
the evil? So far as itgocs, it palliates the
evil; but as a remedy it does not deserve
the name. do not think it will reduce the
present delay at all; it may keep down the
evil to what 1t now is, for time; it may
balance the gradual increase ofthc bust
ness of the Court from the gradual increase
OF the business of the country; but more
than this il cannot be expected to do; mol
this for any great length Of time; then i,
leaves it to become a growing evil, as il
has been. II may enable the Court to dis-
pose often or fifteen cases more than they
now can at the tcrrn.--This will not ex-
ceed, probably will not equal, the annual
increase Of the annual docket.
Now, what is the remedy for this in.
trinsic evil of the system itself? 1t isthis
TO confne the Supreme Court 70 the do.
tie- of the Supreme Court. Then the
i...,,.. .rn...-,. .t.rrr, ,,ill be- done nj avn.