Northern star, and Warren and Bristol gazette. [volume] (Warren [R.I.]) 1826-1830, 1826-05-13

from oeing AT TINS moment aitoyeiher IN
tolerable, nut the difficulties interposed
between the citizen and the final justice
IoCthe country.
1t is pr6verbial, that The delay ofjus-
tice. is injustice. 1t is trne as most pro
verbal sayings are. II often happens
that there is no difference between the
denial Of justice and its long delay it
comes too laie when the unhappy suit
or has become the victim Of its delay /:
too frequent result.
But, the enormous expense and con-
|sequential losses caused by he delay
is still greater evil many citizen is
thereby shut ont. and cut OF from all
access 10 the final justice of",hc coun-
Try. bien of moderate circumstance
and this is the condition Of the great
! body Of tie citizens, cannot encounter
these expenses and the other. evils Of
this delay they must compromise in
preference, in the best manner they
can i: if they do not they incur certain
injury. they risk their probable ruin
And what Judiciary Is that, where on
lyihe rich can command its fin, justice
and where tue middling classes must
take of the rich only such jastice rs
they may voluntarily accord them. !
say the wealthy litigant is enabled by
this system to dictate his own terms Of
compromise to his antagonist who is
not wealthy. lie has done il, and may
always do il.
| Now. what is proposed as the RENE
Idy Of this evil Proposed by this bill,
mean. 1t is the addition Of obou.
twenty days TO The annual term Of the
Supreme Court. Can any one sup
pose TINT this will remove the evil -
SO far as it gpes, it paliittes the evil ::
bu. as remedy II does not deserve
the name. I do not,thiak it viii reduce
the present delay III all : it may keep
down the evil to what it now is for =
time it may balance. the gradual
crease of the business OF the Court froh.
! lthe gradual increase Of the business OF
the country: but more than this it can
not be expected to do, nor this for any
great length time, them it leaves it to
become growing evii,as it has bead.
Ii may..enable the Cour; to. dispose OF
ten or fifteen cases more than they now
can at the term. This will not exceed
probably will not equal, the annual in
crease Of the annual docket
Now what is the remc y for this in
trinsick evil of the system itself II ia
,1this--.to confne the supreme Court to
tie duties 81 the Supreme C@rt. Then
the Business ofevery term will be done
at every term; then the Court might
hold different terms annually ut different
places, and accommodate thc:cby, eve
rv part of the union. The would re-.
move the evil or delay eu.irdy--wonld
reduce the cost, q litigation within rea-
sonable limits--wonId put the final JUS
tice Of the countrywithin the reach OF
the country--woula remove every com.
| plant would give satisfaction No one
can say that this plan is no, for the IA
terest of the private suitors and why
should not that interest be consulted. e.
ven especially consulted. The great
mass of litigation is an individual con :
cern. Why then the interest Of the
orivate suitors should not be consulted
and, especially consulted, | cannot Nh,
derstnnd but, for some reason, | do not
knvw what, that interest is not regard
ed. .if the Legislature, or any OF its
members are jealous ofthe Judiciary
q see no reason for any jealousy but
il they are jealous, IS that a feason why
the interest of the private suitors should
not be consulted The power Of the
Judiciary is whatthe constitution makes
lit, and must be till the constitution is at
tered and a modification Of the system
that would con6ne the Supreme Court
( 10 the duties of the Supreme Court, will
not enlarge or diminish that power, but
would leave it just what il now is. II
the states, or any Of them, have their
griefs or their fears occasionGd or alarm.
ed by this Department, with or without
reason, why should that be permitted to
affect the interests Of the private suit
ors {? If the prostration Of state rights
or if the consolidation of the Union be
the danger ieIt or affected, this danger
is independent ofthis modification ofthe
system--it is unaffected by this modif-
cation-iti is neither more nor less on
account of this modification.
Again this separation (but If What
am now gong to say should excite
some surprise, let me be heard out with
out prepossession; LET II be considered
before It be rejected let me say WITH
! Tbcmistocles. ''strikc. but hear me-
J say, then, that the seporiion Of the