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


lie thanked the House FOR the courtesy OF
The last adjournment. II, surmounting his
present embarrassment, he could sustain
himself under the effort, lie would now call,
he hoped, briefly, on their time and their
patience. Unused 10 occasions hike the
present, and without any practice, other
than forensic, he found himself unadyisedly
engaged in n delibcrative debate, where
nothing is worthy of attention, unless most
valuable in material, and in detail, or most
finished IN display; lfke could rctract, he
would not proceed. Abandoning himself,
however, to the candor Of the House, he
would rely for thatsupport from the question,
whicl great question never fails 10 give.
What Is the question? II embraces moth
lng less than the entire Judiciary of the u
nlted States. The subject has been con
sttutionally presented to Congress by the
President, and has been reported to this
House by the proper Committee, who have
detailed to us IT, great Judiciary diseases
OF the country, and proposed, in this bill, a
remedy for them. II therefore, concerns
the distribution ofnational Justice; and our
attention is, moreover, loudly called 20 it by
great and respectable part of the Ameri-
can people.
The resolution moved by the gentleman
from Virginia, proposes recommltmcnt Of
tire whole subject, TO the intent that the Ju-
dlciary, built at different times, and in Sc
parate parcels, may be re-cdiiied inIo one
great whole, and accommodated to the pre-
sent and future wants Of the nation.
The two systems then are before us.
The system reported by the bill is a Su-
prcme Court, the Judges of which shall OK
crciso circuit as well as appellate duties,
with three additional Judges Tor the Missls-
sippi valley; il fdrther proposes continu-
onCe Of The District system IN those sections
where no Circuit courts viii be hello, and
| in which the District Judges will be cloth
| cd with circuit court jurisdiction. The sys-
tenn proposed by the resolution, does not
coHlinc the Supreme Court within his
builling, and this Territory, but divides the
country into three Supreme Districts; the
Supreme Court TO sit either at the city of
Washington, at Richmond, or at Peters
burg, in the winter; in the summer in some
principal city IN the west; and in the uu-
tunn, at some principal city III the cast;
these terms to be held until every case shall
be swept from the docket, and every slitor
sent home, with full understanding ofthe !
situation in which his suit has left hiE. II |
divides the country also into ten circuits,
where circuit courts will DE holden; 50 that
the circuit courts viii exercise circuit du-
ties; the district court, district duties; and |
the Supreme court, supreme duties. These |
are the two questions on which we are To |
decide. The subject Of the debate is
choice OF the report Of tho bill, or the pro-
position Of the resolution.
Before proceeding to considef these two
questions, he hoped the House would per-
init him to say very few words in relation
to certain objections Wiich had been, or
which may be urged.
1t has been, or may be urged, that this Is
an improper time to amend the Judiciary;
because one state is agitatcd and cnbroiled |
with the General alGovernmett;an state !
is dissatisfied with the result of the Presi-
dental election; because resolutions are !
poured in from every quarter to alter the |
constitution; and because the President is
not well seated on his throne. To tins he
would reply, that the state agitatcd, and in |
contention with the Government, has Giti- |.
zens too wise and intelligent, not to know |
It's own interests; and, in particular, one
distinguished citizen, who has given SO ma
ny pledges of patriotism, and received so
many pledges ofpublic appreciation, that he
cannot be wanting TO his country or his |
state. The other state has Il stake III the |
Union too valuable to iniure it, Her illus |
trious citizen is candidate for the next !
Presidency. She will not abatc the fee |
simple, before he can come to his term. |
The resolutions, like all Of the same kind, |
subserve the purpose for which they were
made they viii go to the people and We
may rely on their wisdom; if they choose
to alter the constitution; they will do il; If
not, the resolutions will pass away, and be
come only matter of record, as others have
done before them. The President does not,
and he trusted in God. no chief Magistrate
of the United States ever would, sit on
throne. lie would take up the cry of the
Roman. "'rhcre shall be no king in Roule!"
But the distinguished individual now direct
ing the executive affairs of the nation was
placed in his seat IN the same constitution
al manner as was one other great citizen
Of our nation heretofore placed there and
he trusted that he would hold his place as
securely, and as prospcrously, as di! that
illustrious individual. Whether he will
have another tenn, is another question, the
solution of which depends on the nation,
and on himself If that be not obliyious of
its own interest," and he continues to be the
same profound scholar;the srIre enlighten-
ed statcsman; the same ardent patriot; the
same exemplary christian; the nation will.
for the usual period, enjoy his labors, and
participate his fame
The opposcrs of the system contained in
the resolution to recommlt, misconcciye the