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

ing the original and appellate Jurisdictions
} together, TO be exercised by the same per.
son. supposes degree of virtue in human
natar2 thut Is not 10 be found in Is. a, hast
t that viii not ordinarily be lonnd in Il, Il
the suitor is 10 have the full benefit of an
J appeal, these Jurisdictions ought nOt 10 be,
} blended; he has not that benefit il they are
not separated; he lis denied the privilege
intended him by the consultation.
Bot, be this us 1t will, the time must
come when these twoi .riSdictions must De
separated; this will become a matter Of
physical necessity.
Some of your children--perhaps some of
\ you, will live 10 SEQ the day when the poo
ple OF this country viii be- some thirty h a,
hons and upwards; when the business and
wealth will be in proportion 10 tlleir nnn,-
bers; it may be far beyond that proportion.
Can any one imagine that one court can
do all the duties OF both Jurisdictions, the
original and the appellate, for such an inn
mense nation as this viii then be, for such
Immense concerns as these Jurisdictions
will then mbracc?-embracing rs they
do, every species of jurisprudence, the cri-
minal and the civil, the chanccry and the
admiraltyS--embracing, as they do, the
whole range of Jurisprudence that occupies
ell the different courts of Westminster
Hall, the Kings Bench, the Common Pleas,
the Chancery with her two Courts, the Ad-
miralty, both the vice and appellate, the
Exchequer and Doctors Commons; and
you may add to the,c, the House of Lords,
when sitting as Court of Errors in the
last resort. 1t will be an impossibility,
| pb n,an Al
should do all those duties The separation
then, must take place--why then hesitate
or delay to make change, that, whenever
made, will be for the better, aud which
! must be made, sooner or later? Why, when
you are compelled TO make a change, and
arc about TO make it-why not make II such
az it must be made hereafter, if not now?
| Why not provide for the future as well as
the present, when, in providing for the fiji,
ture, you will provide for the present in the
best possible manner? Why prefer tenn
porary amendment TO a permanent one,
when the temporary must give way TO the
permanent; and when, in the mean time,
it is much worse than the permanent? |
cannot conceive Of greater want of provi-
dence, greater want Of wisdom.
Now, what are tho objections TO this
plan, ot'the separations Of the t.oiurisdic-
tions, the original and the appellate, to be
exercised by different persons? The ho-
norablc gentleman from New York has
exhausted all his ingenuity in multiplying
these upon US; and all his elooucnce tS en-,
force them. With oil my unfeigned re-
spect for that gentleman, and for his dis
tnguished talents, cannot profess as do
not feel, the same respect for his objections.
lie must permit me, then, to canvass them
freely, to present them in the same lights
in which they present themselves to me;
but | beg him to believe, that, however |
may treat his objections, am incapable
of treating him with any personal disre-
spect.
He began with saying, that il is DANCE
rous to change the principle of Judiciary
System established by law. | would ask
that gentleman, wheG / was that it became
dangerous TO utter that law? Was il the
day after the law was passed? if not, and
fit is dangerous now, at what intermediate
time did it become dangerous? Up to
what time was il safe to repeal that .lw, or
TO amend il; and from what moment did il
become unsafe? Did one day make theI
important change, from safety in the re-
peal, To danger in the repeal? II so. what
day was it? If the gentleman would par
don me, would say il was even ridiculous,
to suppose there was more danger in the
repeal or amendment, at one time, than at
another; or that there was any danger at
any time. For danger ofwhat, pray? dan
ger to whom pray? Is there danger in
giving to the suitor more speedy triaE
in lesseDing to him the expense Of trial?-
danger in making the final Justice Of the
country more accessible 10 him2 1t would
seem by the gentleman's objection, that the
People arc so enamorcd of the laws delay;
so oenamored Of being ruined byi that unless
they could be iDdu}ged iA this humor, we
should have them rising IN rebellion here a.
there, and all over the country; at ieast,
we should have taem peiitioning for the
happiness Of being ruined by the laws de-
lay, and the laws expense. IL would be a
curious petitions; and | should like TO see
the gentleman rise in Lis place 10 present
it; aAd hear him say: Mr.. President, |
hold in my hand a petition of sundry clti-
zens Of New York, who state that they, IN
common with their feliow-citizens OF the
u. States, are laboFing under the grew
ance Of Judicial System by which justice
is administered too promptly, and wl~i too
little expense; they pray 10 have the So
tenn repealed, and the old system restotc
by which Justice was delayed for tho c om-
Portable term of tlroe years; by which The re-
was reasonable prospec, Of its being tle-
Iayed much longer term, and by which a
! suitcr might be almost certain OF beir.g ru-
ined by the expense. move, sir, u.iat the
petition be received, that the rec ding be
dispensed with, and, that j. be referred to