Northern star, and Warren and Bristol gazette. [volume] (Warren [R.I.]) 1826-1830, 1826-05-13
8yarrfm.

Extract from the speech of Mr.. Rob
bins Of Rhode Island, delivered before
the Senate Of the United States, on the
expediency of altering the Judiciary
System.
/" No man has said, no man will say,
that this plan Of judiciary will do for
any length of time. AN agree that it
will not do and sooner os later it mus,
be abandoned and different plan
adopted. One better adapted TO the
circumstances and to the future pro-
gressive growth Of the country. But
the advocates ofthe plan couteut them
selves with sayiug that il will l.n for the
present, and for a while perhhps- for
twenty years TO come and add, not
very commercially, let those that come
after us provide themselves better -
Is this the language paoper for grave
and proyident legislature, upon SO grase
IA concern as a Judiciary for the coun.
try. or all things ought reform Of
a judiciary TO be a temporary eype'li-
ent Knowing that it must be tempo
rary. knowing that il must give place to
|abettcr, and knowing that it must opcr.
ate as an impedimcnt to q better. And
wi1fit be no impediment 10 those that
come after IN to have host Of super.
pumary Judges on hand, which your
proposed plan will have eDtailed upon
them? Will not that be an argument
with them TO go on as ycu will have
began. Br. you admit that they can
nat 90 on; that they must. This difficult
|ty Notwithstanding, abandon your plan
and adopt another. Ara why will they
adopt another 4? Because and only be
cause the reasons recommending it will
make it preferable plan, and pray arc
not these reasons as good for US rs they
will be for them Surely they are, for
for the reasons mast arise from the ma
tnre of the thing itself which must be
the same now rs then ;must arise from
the superioar intrinsick excellence 'oi
The sysiem to be adopted, compared
with the system in practice. We go on
then, if we proceed witl the plan pro-
posed, upon the presumption that those
to come after us will be wiser than we
are so mach wiser. rs TO undo what
we sha'l have done ai,d do for them
selves what we ought to have done for
ourselves and them too. Why do we
dc any thing now Z? Because SOM thing
must be done to appease the compl aipts
OF those parts of the country TO which
the present system does not extend it.
sclf--we extend the system TO them to
appease their complaints aud why do
we not go further and make the system
what il ought to be and what we admit
il finally must be. Why, | ask again,
is Il because some difficulties arc to be
overcome ? Some divided opinions TO
be reconciled-somc prejrdices of diff.
Cerent kinds to be encountered 2? Il it
then the part of statesmen, hot to wres-
tie with difficulties and overcome them
but to cvade them by shifts aud tempo
rary expedients. 1t is the most short
sighted Of all policy IN all pursuits, ,whcth
er by individuals or by the publick. =
Difficulties evaded but not overcome.
are sure to return upon us again and
again, till they either master MS, or we
master them. Surely then it is better
for us to meet them and overcome them
|if possible in the first encounter. |
said that the inlrinsick evil Of the pres
ent system was great, and one that call
ed loudly for redress. Now what is
that inntrinsick evil 4? Il is this tina,
the in,l justice Of the country Is so OBJ
structed by delay and encnmbered with
expense, that il is in effect denied to
the great body Of the citize.- an evil
that is necessary and inherent in the
system itself as at present organized ;
and is growing evil.
As to the fact OF delay, it is too noto-
riods to require formal proof il doubt
ed BY any one, that doubt will be re-
moved by inspecting the docket Of tha,
court the delay OF trial by the course
of the docket, ,aud in that course is about
three years. The delay is gaining
| ground from year to year, and it must
keep gaining. AT the last term only
thiriy.six causes were disposed of in
the regular course Of the docket, and
sixty three new cases were entered
md Of the entries in the vacation, we
do not know how m,Dy there will be,
but probably a considerable number.--
The docket now stands at about two
hundrod. And it is nothing but this
very great delay, and the serious evii'
attending it, that prevents the entries
from being much more numerous, ever
more than double what they now are