The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1827-02-08

! Mr. Durlee--I shall give my vote for This
bill, mr.. Speaker, and Sir, am desireus OF
stating in a few words the reasons that will
govern Inc in so doing. When the present
judiciary system Of this state was establish
\ cd, the condition and circumstances of the
colony were entirely different from what
they now are. think Sir, it is more than
J century Of years old. At the time il was
I established, the business ofthe then colony
upon adjudications arising in Courts oflaw,
was extremely limited. Almost all its pro-
perty was vested in real estate. II was in
effect landed corporation, and the sub
Jects OF litigation were but few in number,
| and lnconsid0rable ia amount. The pres
cnt system answered oil the purposes for
which II was then established. But Sir
we arc no longer an almost exclusive az
riCultural community. Other and impor-
tant interests have arisen; commerce, trade
and manufactures, and their various rela-
tons in society, and the contracts and busl-
ness that grow up and spring out Of them
are constantly accumulating a mass of busi-
ness for your courts, which in their origin
they were not fitted TO embrace. Every
body knows that causes are constantly ac-
Cumullting upon the docket Of the Courts
which they are already unable 10 dispose Of
within n desirable period, and ifso, we can
see no prospect Of tho Courts, at some fu.
ture period, being able to dispose Of this
business at all. The great object IN the
establishment Of Courts, and TIRE form Of
Judicial proceeding, is TO enable parties
speedily to recover their just and legal
claims and If creditor brings an action,
Il "a Ill 4 [. A
pect to be able TO avail hnnselfo the judg
ment he obtains while the debtor has the
means Of discharging the debt, or the same
means he had when the suit was com
menced. But Sir, under the present sys-
TEN, ho is delayed until the debtors pro.
pcrty vanishe5, or the Banks come in upon
their exclusive privilege Of summary pro-
cess, and sweep it away before his eyes.
Sir, you have given to your banks priyi-
logc which the great body Of the people Of
tins state do not enjoy ; and 80 long as the
present system Of your judiciary continues,
this inequality Of privileges in the rccoye
ry Of debts, becomes greater between the
citizens generally and the Banks. There
are now, as has been estimated, seven mil
lions of dollars Of property in this state un-
der the control Of the Bank process, and
liable to be taken by those corporations
while other creditors are pursuing the slow
remedies furnished by your co,rLs Of judi.
cuture. But Sir, | do not bclieve the bill
now before this house, can have the clIect
that ie contemplated 10y its advocates Ne
vcrthcicss | shall vote for it, to asccrtain
the pulse Of the people. Sir am appre
housiyc that the submissions in the Courts
of Common Pleas, which will be made with
view 10 carrying the legal questions that
may arise, up to a higher tribunal, will en-
cumbcr the docket Of your Supreme Court,
aud create the very evil in delay we IRE
/ now cndcavorlng 10 remedy. think, Sir,
the reform should touch the Cpurls ot'Com-
mon Pleas, and enable them Ia dispose of
! considerable Of the business which will 9th
crNisC crowd into the Supreme Conrt. ]
! do not feel disposed az this time TO state to
the House the details OF the system, en-
braciug these views, which should prefer
to see adopted , But if the reform contom.
plated by this bill, should not meet the views
the SCuatc, it may then be proper to
propose such alterations as may conform
with the views entertain
The names Of the members were then
called, and stood as folows: For passing
The Bin, Mcssrs. Arnold, Allen, Barber
Bullock, Burton, Barker, Babcock, Blck.
nell BclknOp, Chlds, Chase, Cross, Cor.
nell, Cyrus Cook, Clarke, Ariel Cooke, Dix
on, Durfee, Earle, Francis, Gray, Harrison,
Halle, Hopkins, lIoxsie, Halrs, Knight,
Knowles, Lapham, Newell. Norrs, Peck
ham, Robbins, Jesse Reynolds, Thomas
Rcyuo d.. Randall, Simmons, WIN. Smith,
Nathaniel Smith, Stone, Slsson, SHAW,
rrcyott, Joseph l.. TIlnghnst, Joseph J.
TilIinghast, Whpplc, Thomas Ii. Watson,
IL.
Against passing The BW, Mcssrs. Brown.
Browning, Champlin, Greene. Hawkins,
Howard, Remington, Spear, Thomas Til.
linghust, Thayer, Vaughn, Waterman,
John Watson, Wceden, WilcoN--l5. Ma.
| ority for the Blll--2. Absent from their
seats nine members, yl2:-Thomas Bush,
Of Newport. Noel Coggcshall, MiddlctUwn.
William Chafcc, North Providence, Bcn-
lamin Hazard, Newport, Giles Manchcs-
/ ter, Middlctown, Thomas Potter, Jr. Eli,
sha Il. Potter, South. .kingstown, George
/ W. Tillngha-t, East Greenwich, Solomon
! q. Weaver, Newport.