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

arc all lmdl5am'tcd IN the JuClcldrr. We
have heard of Supreme Judges, of Circuit
Judges, of District Judges; bat never before
did he hear Of State Judges.
II is singular fact that during the whole
of the three weeks in which we have been
listening to evils, we have not been told OF
a single ins: ance in which, through the in
Justice Of district Judge, however low in
rank, in talents, and in salary, any man has
suffered in life or liberty. All the elo-
qucnce, therefore, which has been lavish
cd on the subject, is Only the eloque e of
fiction. II may embelIish the page cfpoe-
try, but il has no, that power Of truth which
| is required TO sway the decisions Of a de-
| Lucrative assembly like this. The district
judges have no salary, they cannot admin
| ster Justice for $500 year. Well may he
say, with the prophet Of Nazareth, "Ye fol-
low me, not because ye believe my miracles,
| but because ye have eaten of the ioaves
and fishes"
We are told the bill will produce equali-
! ~ in State representation. We are told
our judiciary is representative, because our
government is-tbat our government is
representative democracy, aud the Juiicia-
ry part of it-and that the extent Of the
number of judges must be controlled only
by the line Of practical inconvenience. If
these are not heteroGoX doctrines, he knew
not what were so. What does this mean
Does It mean representation OF talents from
each State The constitution does not
admit us to say that judges shall be select
ed from any particular State. Docs II
mean political representation THAT the
Judge shall bring the statistics of his dis
trict-a representation Of territory, popula-
tion, capital, skill, labor, machinery, pro-
ductlons, &c.' Is it political in another
sense of the word !--Docs it comprehend
the great doctrines of party-great inhu-
ence-great clans-great famiies-oifices
--patronage-all the array of clectioneer-
ing? God forbid ! that this species of po-
litical representation should be carried into
the Supreme Court? Well might gentle
man who had spoken earlier in the u-s, ate,
call tins representation abominabe.--A-
bomnable indeed would be the system, if,
when two persons ONE before the Supreme
Court, it is to be subject of inquiry, what is
their State-wealth--con nnections--and in
tluence.
But this bill is TO equalize Judicial know
ledge of State laws. This argument is
unsound, because, in the first place, no
such inequality exists; and secondly, if it
did, this could not remedy the evil. What
by his oath is Supreme Judge supposed
TO know? Either by original jurisdiction,
or appeal, come before him, in all cases of
ambassadors this requires n knowledge of
the laws of nations:-all cases of law and
equity; tue common law came to US from
Germany--the civil law is Of Roman orr
gin. These cases must arise under the
Constitution of the United States; and the
Judge must therefore be great Constitu-
tional lawyer; or they must arise under the
laws of the United States, and he must
then understand all the United States laws;
all cases of admiralty and maritime ju-
risd!cton, comprehenliug the laws of ships,
treight.wages, insurance, prize, and all the
sea laws now eXtant. originating since the
Phenecian sailor first spread his purple
pipion to the light breeze of the Lcyant. or
drove the ioaning Prov out from between
the pillars of Hercules. The Constitution,
laws, and Treaties, arc the supreme law of
the land, although conflicting with State
laws and Constitutions: so that he must
have studied the laws of each State, so far
u liltN ICidtC W lllf ,OfISliluIlOI, lIuNE, OF
Treaties, of the United States:-cases
where State is a party, come before him
originally; States mhy be parties, where cit
lzens ofthe same State litigate land titles
derived from different States--he must as
Supreme Judge, know all the land law OF
all such cases in these very Western States!
Questions between States are of origin
Jurisdictions III the Supreme Court. Here
he must know all the original laws ofState
boundary; all conflicting State laws
which may come before him in such
cases; all these he must know. How?
From books. Cannot he learn the rest
from books? What is the rest? The
statute alterations of the common law in
each State. No one can say, they have
the Ter non scriptG. The law is in the
statutes and decisions OF the Courts. Can
the Judges not learn these! Must they
depend for knowledge of these few items
on the testimony of local Judges? Tell it
not III the hearing of those nations, who by
their ambassadors are near us in this CITY
of Washington. Tell it not in tho hearing
of that highly gifted citizen, who first, in
honorable fed, lifted targe and lance A.
gainst The learned chvalry of Europe. in
defence of the talent and science of our
country. Leave us to the literary toma.
hawk and scalping knife of the Giffords
and Buttons of the old world
But the Judges of the Supreme Court
are TO learn by travelling. How? Not
like the Soon and Platos Of antiquity, from
the lnitiati Of SaIs. the Sanhechim of Pa
lostlne, or the disciples of the Persian 70
coaster; but in Stage Coaches, Wagons,
Solos, Gigs, Carryalls, Steamboats,, Ferry