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

, and meets you again when you come ~ IA
: your appeal. II will be- said that he de-
, not give his voice in the decision. Bu, 4,
VIII NOT be denied that he brings on the
Bench his PRIDE Of opinion-his personal
, influence; and II Is reasonable 10 exnac.
; that his decision will be confr>ed. The
fayours he asks Of A, =. asks of Is, and thu.
The courtesy which runs through the Bench
may destroy the even current ofju Justice. A
gentleman had told him lately, that he
would sooner have given thousand pounds
than that the Judge who sat in the COZ rt
} below, on his case, should sit in the cour.
aboye:notthathe meant to speak disresrcc.- :,
fully of that judge; for on the contrary. lie
thought very highly of his talents. and h;s
integrity. We are, then, to reform the 10.
dicial system; but, at the same time. %
leave untouched these glaring evils.
There was another view, and an impor-
tant one, which suggested itself; and no
hoped 1t would invite reply, either FROM
the northern Ajax, or the southern Hector,
as 1t was one OF novel character. He
would submit, whether, under the consti-
tuition, a Judge Of the Supreme Court can
slt In inferior courts, on the circuit, and ex-
ercise circuit powers: He believ cd not; and
he submitted this objection with the more
confidence, because he was not alone, but
was sustained in this view by that able and
iliustrlous man, Theophilus Parsons.
"Clarum ct venerable nomen." Sucl,
was his opinion until his dying day; and
thus sustained, he had no hesitation TO a.
vow his opinion. Before Judge Jay, that
:. cat man had once an opportunity Of test.
ing his opinion; but the Judge said it was
too late to agitate the subject and that he,
could not be expected 10 sit there and say
that he had been in.the practice of admin
stering injustice; that he had passed ini.
quitous sentences, and unjustly doomed
men to the scafold. But when we in
crease the number Of the Judges to ten, or
twelve, or perhaps fifteen, some individual
may come forward and take up the subject
as he did; and then the opinion of the yen-
cradle Parsons may be confirmed. He
did not sec how any rejecting man could
come to different conclusion on this point
from that great man.
One word on the language Of the Con-.
stitution itself. The Lion. member had
read that part of the constitution which
creates a Supreme court, and defines it's
powers and duties. Here are recognized
two distinct courts The Judges of both
hold their Offices during good behavior. In
speaking OF the pay and emolunonts, two
distinct courts are clearly designated. In
speaking of their powers, evident refer
ence is made to two distinct courts. The
Supreme court shall have original iurisdic-
ton. Can the Circuit Court Lave ii: Can
A, B, and c, have it? 1t is as plain as lau-
guage can express it, that two distinct
courts are intended. With this view. the
passage ofthe present bill, and the increase
Of the number of the Judges, assume still
moro important character: and the cues
ton naturally arscs--Is there no mode of'
applying relief to the grievances complain.
ed OF, except BY adopting a course which
may be itself unconstitutional? Is u rem
edy in our power? Let the Supreme court
hereafter consist Of only five Judges; and
let Interior courts 'be established for Cir
cult Court duties. This will not increase
expense. BY this arrangement you give
to the West a Court of Western Judges.
in whom they will have the fullest conf
dence, and if they have not the fullest
confidence they have The right ofappral TO
a higher tribunal, above the reach of local
prejudices and feelings; and you have an
Appellate Court which will try without
suffering itself to be influenced by unwor-
thy motives. VIII gentlemen say this is
an expensive remedy? Already the ey-
penses on every court exceed 10000 dol
lars. The extension of the present plan,
which is now proposed, will add 90 or
10000 more.-If we give the Circuit Judr-
es 5000 dollars year each. and appoint
three for the Eastern states, New-Iork and
New-Jersey-thrce for Pennsy lyania, Ma
ryland, Virginia, and North Carolina
three for the Southern, and three for the
Western Districts: under such an arrange
ment the expenses would not be increased:
on the contrary, positive saving would bo
effected. For whom do we legisate, but
for the people? Whose rights do we
guard but theirs? And even if in this sys-
TEN, it could be shown that there would he
any increase of expense, would we sutfera
few paltry thousands TO be placed il, the
scale against the advantages which would
result?-The Sepreme court would he
more respected. Fewer appeals would be
carried 10 it, because there would be rare
ly instances Of Tcversals of decisions; and
seldom would the parties try second
game, under the hope of reversal
Another question is--whcther these du-
ties would be performed by the Circuit
Judges-No doubt they would; and with
considerable saving. The expense of the
Courts would not take from each Judge
more than 500 dollars Of his annual salary.
thus leaving him 5000 dollars for his COM
pensation. lfany one should complain that
the duties would be too arduous, he would
,ask--what are they compared with those
performed by the Circuit Courts before
! I,,I. n