The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1828-06-05

priyed of his services as Clerk for IT you
tie h,m down to that, and take away, his
practice, he cant get along with 1t. Why
should we be deprived of them from con
sderations operating upon single mem
ber of this house (Mr. p. which ain o.
bliged to say, though 1t may not be de-
corous, are entirely Of personal nature
Ifthe allusion is out of order take 1t back.
THE Speaker sad it was out OF order to
call in question the private motives OF mem.
bers) Well | take it back then. But
can see no reason why law should be
passed specially to deprive this county OF
the services of mr.. Crans,on, as Clerk,
when be is acknowledged by every one to
be as good Clerk AZ ever we had. The
law, it is admitted, will apply to no other
county, and it must have been framed e&-
pressly to hit this case. As it respects any
apprehensions OF untarncss on the part of
mr.. Cranston to favor u client, nobody here
entertains any such ldea.--When am OPP
posed to mr. Cranston at town meeting,
| had always rather have him Moderator,
than man on my side, because know he
will act as impartlaily and shall save his
vote.
[.Nr. Potter, Is this q general or spec
ial law mr.. Speaker, we are talking about
repeating.
.Nr. Blu, a general law, but meant for
particular case mr. Speaker There was
here a general taught
Mr. BnN resu,ned-lt IS singular the
General Assembly never before discover
ed the danger Of having an Attorney for
clerk of the Court. At one time John
Greely was clerk of both the Supreme and
Common Pleas Courts, III this county, ana
had great deal of practice as an attorney.
We have always III this state Joined two or
throe occupations together. The TACT Is
the enolunents Of office are SD small, we
are obliged to have our officers follow OF
) employments. We make farmers Judg.
es of our Courts, but we don't expect theu.
to give up farming. We don't give Judge
cnongh to let him devote himself entirely
to the bench. We have got scarce an Off
Ger in the state who can get along without
coupling some other business with his Office
Now If the clerk of court must be some.
thing besides Clerk, what will you have
him Ii he is a Shoemaker flor sedentary
employment is the most compatible with
his oifice) his hands viii be too dirty and
his records will be stuck up with wax. II
he is a carpenter, his hand will trembe too
much. after the use ofthe saw or the plane,
to write steadily. II he is Farmer, he
must be out in the field when he is wanted
in his office. If he is a lawyer his business
keeps him in his office and does not dis
qualify him for its duties. Nov mr.. Grams
ton can always be found almost as certain
a. tomb stone. Nobody who wants tn"
Clerk has to wait for him or send after him
THIS law never happened to be made or
proposed when any other case but this ex.
listed. We must suppose therefore, that it
was intended for this case, as we are to
presume no law liz made until the necessity
of the case requires it Nobody here has
complained of the Clerk for practicing as
an attorney Where then is the necessit,
ofthis law. Ihope we shall repeal the law
and no, lose the services Of a good clerk.
The law was brought into the House, AVID
got through it, under peculiar circnmstan.
ces, GThe Speaker here made movement
ns if about to interposo but | see it Is not
in order, and will not refer to that sub
ject.
.M. TrNinghast Of p. again urged the
repeal Of the law lie referred to the case
wears, held the Office Of Clerk, in different
counties. most of them in Providence, and
mt the same time practiced at the bar. NO
difficulty had ever been experienced from
this, or any evil apprehended. Noremon-
STRANGE or complaint had ever been made
by suitors or council. 1t did seem as il
something more than ordinary Legislation,
wa meant by this act. There must be to-
tallv different state Of things from any be-
fore existing, to require 1t.
Ur. Hazard, could not see the force OF
the argument about secrets communicated
IN the Clerk which seemed to be princ-
nallv relied upon If the Clerk knows the
grounds Of defence so can any other man,
who goes TO his office. What are these
secrets each party must know the grounds
of the Other. when they come to trial A
law suit cannot be carried on and one par
ty conceal his grounds from another. II
he does. even if he introduces unoxpect.
ed testimony. the Court will give time on
account Of the surprise. In the Circuit
Court. when deposition is opened it ra
mains On file. subject to the inspection OF
anr one he never knew good cause
that lost anv thing by ONENESS IN tho de-
fence. The gentleman from Darlington
(Mr. Bicknell) ia always prepared to give
reasons. where there are any. In this case
he merely says his opinion is so and so, and
gives no reason at all for it. II ought to
. convinre every one that the evil arising
from clerk practicing is wholly imaginary,
when the fact is that every member of tho
bar. is in favor Of rcpealing this law. They
tt,o int
evil existed. thev would be the readiest tn
detect it The House will excuse us from
this county Newport for showing more
interest in this question than other mem
bers, as we arc dreirous. Of retaining the