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

sumption that the Executive will nominate
and that the Senate will ratify, the appoint
Ideut Of incompetent Judges--so iDcoInpe
tent that they cannot hold Court without
exposing their ompetency TO the public
so Incompetent; and SO conscious Of THEN
incompetency, that they will decline ifthey
are 60 sit alone, or only with the District
Judge, but will accept lfto sit with the 9TH
or Judges? five are to actupon this dis
trust Of the Executive, and Of this body too,
to suppose, because the functonares Of
the government haye the power to do
wrong, that they will do wrong; to pre-
sumo, not the proper use oPpower but the
abuse ofpower; we ought first to consider
whether il would not be as well 10 distrust
our distrust little, when It's efforts is 70
4o'ego the probability, the moral GER
ta.nty, of the proper usc Of power, ard sac
rilice thatto the possibility Of its abuse. /
ask the gentleman, whether he would ad-
wise 10 the appointment Of an incompetent
Judge, incompetent to the degree that has
been mentioned-notorious 20 incompc-
tent? He would not. Why then presume
there will be such appointments! But, Il
there are, what then? Canyon remove MO
from Office, or do you suppose that MA
can make him remove himself by making
hun an itinefant Judge, instead Of n sta
1ionary one? Do you ever expect to find
"A Judge that will think himself incompe-
tent, and act upon that opinion avow his
incompetency and degrade himself from
office, or decline office; ] believe it would
be q pew case under the sun, All our su-
preme Judges have been itInerant, | do
not say that oil have not been competent;
hut this cay, that not one OF them ever
doubted his own competency, SO far az 10
decline the Office on that ground. No, not
III the eXtromities Of Old age; not all its i'm
beciities, all its infrmitics, not the loss Of
hearing, not the loss Of memory, has induc-.
ed him to decline; though time has ina
paired every sense, and every faculty, it did
not impair his confidence IN his cUmpeten-
cy; he stil would tinerate and hold his
Court; and however the bar might perceive
the incompctency the public did not. A
man must be very low indeed in his pro-
iession, not to be able to go through the
forms Of a presiding Judge, so as not to eX-
pose his incompetency to public rldculc.
a man that makes no distinguished figure
n: the bar will make you toIcrablc Judge,
to appearance, in the public eye. There
n a disposition in the public as the gentle
man himself remarked. t. over rate the
importance Of every thing said by Judge;
to submit to 1t as an oracle oficgal wisdom
torcycrc il as authority" Aludgc is lust,"
tins Is a common impression, Il common pre-
judice.--No, you never will prevent an in
competent appointment; nor get rid OF an
incompetent Judge if you have one, by
means of your itiDCrant, systcnl-that you
INV depend on.
Dut TO return to my oblcct--how would
the intrinsic evil Of the system supply the
defect to be supplied by the proposed a.
mcndment? In this way. This separation
of these jurisdictions would induce the ne
cesslty of establishing separate courts, for
the exercise ofthe original jurisdiction. A
system that is much preferable to the pre-
sent for very many reasons; but shall
mention only two, as these appear to me
decisive, and to settle the question oil pre-
ference. These original courts, as they
might be constituted, and probably would
be constituted, would supply at once all
parts of tho Union with competent Ju-
dietary, and the system will adopt itself
10 the future wants OF the Union, as they
may arise from time to time. There Will
be future calls for additional courts; but
never any call for any amendment OF the
system. II is a system that looks to the
future "a well as TO the present, and TO all
future times; and will be equally suitable to
all; 1T will expand itself as the country en-
pqnds, accommodating equally all parts at
ali tunes. Then these circuits, besides
being equally competent with the present
in all respects, in one particular, and that
one ofthe greatest Importance, would be
emucnty superior. The local law is
the law most dear of any TO the people OF
the several states; and Justly so; 1t is made
10 them rs they are made to 1t; their alice
tions are welded to it; it has become, us II
were, bone of their bone, and flesh of
their flesh" Now these local Judges
will be much more competent Judges OF
hs1aw, as well as much more tenacious
of it, than the itinerant Judge OF the SUI
prcmc Ccurt.--Thcse local Judges viii
have been bred to this law, and bred IN It,
they will be It's able eXpoundcrs and zeal
Gus defenders; and their decisions VIII be
the best of all instructors To tie Supreme
Court itself upon questions OF this law.
Their decisions will in manner, become
authorities upon that law with that'coArt.
It is true. that the itiperalit Judge has the
District Judge to SIT with hi,n, and togicc
him information; but The objection 10 this is
that it given transiently, and acted upon
suddenly. How infinitely preferable must
be the Judgment ofcocqual Judges, dccid-
ing from anteccdeht knowledge, from ia
miliar experience, from mature ecnsidera-
ton? Who would not trust to such Judges
all questions of local law in preference.