The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-02-02

doctrine oi iceaiiycs, pre-ertlics, pcst-ch-
| tries, entries in time, out OF time, entries
with or without time, together With tenn
poral or eternal entries.
But they who are to try the appeal must
have the facts, the law and the decision
| from the Judge who tried the case below
who is interested in sustaining his own de-
cision, By the pride Of opinion, the pride OF
character, and the avaricc of fame; and
who, if he do not produce the books from
which he drew his law, ought to place
over his tradition of it the Scottish bard's
apology
81 cannot tell how the truth may be-
tell you the tale, as twas told to me-
Will this secure 10 the appellant the be-
nefit Of second trial 1t the Judge Je-
low decided conscientIonst| according ~
his construction of unwritten law, he Wlll
have to communicate this knowledge, III
The same construction To the Court ah0y =.
lie cannot tell the law tomorrow Gillc--
emily from what he understands II to-day.
Away, then, with all IDEA Of parole law.
This idea Of communicating knowledge to
the Supreme rorr; by the Circuit Judges
cannot be realized Isl, because the Su-
preme Judges have already the knowledge;
and 2dly, if they had it not. it cou.d
not be so conveyed. We have been argu-.
ing three hours day, as five lived in the
days of our Saxon forefathers, before let-
tiers came into use.
But the bill proposes to add three new
Judges to the Supreme Court, and to make
the nuiGber 10. This may be q remedy
for the accumulation of causes in the West;
but will it be a remedy for the evil at tho
very vitals of the Judiciary-the accumu-
lated mass Of cases which have lain in the
Supreme Court, till, like an ossfcation in
the heart Of the animal body, they paralize
pulsation, and obstruct the wholesome cir
culation of justice, to the very eXtremities
of the body polite. The bill prov 1es for
this no other remedy but three new Judges.
Can lO Judges do more than z? Moral,
like mechanical or mathematical truth is
discovered by induction, kind Of process
at which but one mind can labor. We do
not learn that Archimedes, Euclid, or Sir
William Jones, were joined with any ad-
minister co-thinker in their sublime specu-
lations. In money there may be co-part-
nership; there can be none in mind; for
here each one, unless he steal, must trade
upon his own capital. Make your Judges
~, and, like the ptolcmy, you will call on
each one for complete version.
But there is little bill-number IS, 10
remedy this eyil.-Shcets Of law for the
Western States, and Zines for the whole
nation: to add "a month,a little month-nay,
not so nuch," not a month; three weeks
eighteen days, to the term Of the Supreme
Court. How far will the remedy reach?
1t will cut off 9 out of the $50 causes, and
leave III still undecided.
Can the number Of Judges be constitu-
tionslly increased to ten? There is no pro-
vision for it. All Judicial power is now
lodged in the Supreme Court. What pow
er can be given to the new Judges? He
prayed Congress TO reflect on this, that all
the power of the House cannot locate a
Supreme Judge. You may make Circuit
Court. and enact it, as part of the law,
that the Judge shall belong to the Circuit.
You cannot call on the President to take
Supreme Judge in the Mississippi Valley,
but you render the Valley "A Circuit, and
attach Judge to it. 1t may be set down
as political axiom, that when you have ad-
ded such number Of Judges TO the origi-
nal nunDer of the Supreme Court, as will
make majority of a Constitutional quo
rum of that Court, the Judicial article Of
the Constitution is eXpuDged. This would
put it in the power Of the new Judges TO
reverse the decisions of the Supreme court,
and repeal laws which you cannot repeal
Constitutions---laws of other
States, and this Constitution. Suppose
you expel the members from Rhode-Island
from this House. The Supreme Court by
a quo iCarrdnto issue mandamus to cor,-
pei you to admit them. What. do vol = ?
You may add new Judges, and thus re-
verse the decision. You now add three,
making four above the original number.
You thus put in the power of these new
Judges, four being the Constitutional ma
jority Of two thirds OF six, to subvert laws
of the utmost Importance.
How long will this system last: Some
have said 100 years, others 50-and the
more rational; 20. Will it last 90? Not
so much. Five years ago, we had 10 mil
lions of people, five millions of couples.
2 1-2 millions ready to form famlies-S to
a family-at our next census we shall have
20 millions. Thus is our population ex-
tending into Florida, where the enterprise
of the settlers is about to introduce the
luxrries of life. The moment the lodg-
ments and colonies now in contemplation,
shall be fixed on the Mississippi, our popr-
lation will be pushed up to Lake Superior,
and thence will plunge down to the West,
with the rapidity OF a deep sea line from
the deck of seventy-four.
In such sun-bright region Of hill, vale,
mountain.mool plain, and river; where all is
of boundiess fertility; where p,-,uation is