The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-05-04

twill, as said, be- judged Of altogether
by comparison; and that must be in favor o
separate courts for the exercise Of the orig.
lnal jurisdiction. That plan s better in il.
self, it ia better for the present, il is all bet.
ter for the future; so obviously so, that il
speaks its own preference, and speaks it tc
every mind. | venture 10 conjecture, (and
! have as good a right to conjecture as the
gentleman, and better grounds, think that
these Courts would become the most pop
ulas Courts in thiscountTy--the most pop
ular with the suitors, the most popular with
the Bar, the most popular with the people.
These Courts would be the means of
making the national judiciary the national
tayorite, as well as the national pride. The
gentlemen has alluded to similar system,
that was once adopted, and soon after laid
aside; and hence infcrs that the system it.
self is unpopular. The inference is incor-
rect; the men who made that system made
it unpopular, and nothing else. 1t was not
the thing itself, az beng bad in itself, that
caused IT to be laid aside-it was the sup
posed calculation of the thing; it was the
political effect Of the thing that was the
cause.
IT was made by party going out of pow
or, In the ilst moments OF power, and to
secure in their hands (as was believed by
the party coming into power the whole
Judiciary power Of the country, to be WELD
cd for their own political purposes and
the system was broken down to Illustrate
this calCrlaton, and to wrcst this power
out Of their hands. The ostensibIe Oblec-
ton, it is true, was to the thing itself, but
as it could not be shown TO be bad, the
thing was stigInatized: it was called by ma
ny bad names: among others, by the name
Of the midnight Judiciary; and the bad name
raised L hue and cry against i, and not the
demcrits Of the system itself. 1t was deem
ed reason enough by triumphant party,
that it was presented to them. by the de-
feated party, retiring from power. re-
memberit was said on the OCCASION, T." Ii
meo Danaos OF d0na ferentes," the designs
the wiles Of the Greeks were feared, and
the present was rejected.
But, speak from knowledge, in q large
district of Country--from. information, as
to much larger, and from belief, as to the
whole country, when l. say, that these
Courts, az Courts, by'all the suitors 10 them,
by all the bar connected with them, were
esteemed by far the most popular federal
Courts which we have ever had in this
country. There is not the least reason to
believe that such Courts would now be un-
popular.
The gentleman supposos the District
Judges would be in the way ofthis arrange
mcnt. II is true, they might be dispensed
with; but no ono. would think Of displac-
ing one Of them;nor is it necessary. Their
might he transferred TO the
Circuit Court, to take effect when their
Offices became vacant, and as they become
vacant, and III the mean time, to be exer-
cised as they now are.
The gentleman very properly admitted,
that the expense ought to BIO no obiootion,
but seemed to apprehCnd that tho people
would think it one. There again, think
he is mistaken. The worst Of ali economy
is that which is practised at the expense,
and to the prejudice of judicial establish
mcnts the people so view it. There is no
institution which they regard with so much
partially; aud the expense of which they
so little regret, provided the institution is
made as perfecta as it may be.
hope I need make no apology for the
time have taken up on a subject so lmpor-
tnnt rs that of improving the National Ju
dietary No function Of the Government is
80 interesting to the nation as the admins
stratlon of the national Justice. 1t touches
directly upon every individual; 1t is felt by
him as his own immediate personal con
cern; it is looked TO by him as his shield and
his sword, TO protect his rights and redress
his wrongs.
Oth functions Of the government are
too; but not 80 immediately in
Iercsting; their effect upon the individual
IS indirect; they act upon circumstances
which, in their turn, act upon HIM; thus
and thereby affecting his condition in life,
more or less favorably. But, it is dstribu
tive justice, aud the hand that makes the
that is watched and regarded
by every one, for it is that hand which is to
lift this shield for his protection, to WELD
this sword for his redress.
Let me add, too, that on no function OF
the government does the moral estimation
of the nation, in the minds of other nations
so much depend. Indeed, it is the great
standard OF this moral estmatnn; in truth
there can be no other; the moral Tame OF
a country must depend upon the character
of its Justice. And that character of all
things, the most important TO nation.
Ntional Justice, and IFS well founded repu-
tation, is credit, is wealth, is power. II SO
appeared ia the great men who devised
and recommended the constitution for a
dop,iom they deemed the character of the
national Justice national concern, as it
truly was, and is; and hence they gave to
the national Judiciary the jurisdiction of
causes in which the individuals of other
nations should be concerned as parties.