Alabama state intelligencer., 1831-12-22

this would be d most unfaVorable session for calm deliberation, inasmuch as at that session of the Legislature all the Judges will, by the Constitution, go .out of office, and we, shaf have 40 Judges to.elect. I cannot see why the Legislature should be rendered incapable from transacting important business, because forsooth, we shall be called upon to elect the necessary officers of thergovernment of the State. Besides, sir it is to my mind appa- rent, that a desire now prevails to a consider able extent, to do away with the trial of com mon law business in the county courts In fact business has deteriorated so much in the county courts, that it is by no means improba- bic the county court system will in 1883, bic abolished If so, we shall then have dspos- ed of 36 Judges, their offices being no longer l in existence.
 | Should not the Senate theni hesitate to a. dopt the bill before us, at least until 1883, as the legal business of the State is declining so rapidly.
 1ts, however, Mr. President, a most i'm
 portant inquiry, whence the complaint of the
 delay of justice9 Whence does itoriginatee
 It has not emanated from the people. If
 they were oppressed by the present court sys-
 tenn, do you not believe that the people would
 have spoken upon this subject? Do you not
 believe they would have addressed us by pe-
 tition' Yet, sir, not solitary petition has
 been presented to the present Legislature up-
 on this subject The people are not so blind
 to their own interests, but that tl,ey would
 have informed their representatives, that a
 separatSupreme Cnnir,; i, ;G1s9s.y. Wh9
 the Judges say, their duties are not only one
 rous, but oppressive. They then would, and no doubt do,desire separate Supreme Court, that their duties may be lessened. If the Judges are dissatisfied with their situation, let them, as l have before said, resign. We would be glad to receive the resignation of some of them. We have lawyers enough in the State, who are not only eminently quali- lied to discharge the duties which devove upon the bench under our present system, but who would be willing to do so, and would be content with the salary which is now paid to the Judges. Let us then postpone the pas sage of the bill until 1888; and we, are justi-' fled in this course, because we have heard no mnrmuring among the people.
 l will now, MT President, proceed to ex-f anime the argument of the gentleman from Greene, in relation to the Supreme Courts, of which he has spoken in other States; and here l am reminded of one very singular and m- portantf fact, which is, that the gentleman from Greene, has only referred particularly to those States, where the Judges of the Su- preme Court receive the largest salaries; in some of the eastern States, if am not mista- ken, the Judges of the Supreme Court do not receive salary of more than $500. Rhode Island for instance. Nor has the gentleman distinguished between those States where the Constitution enjoins upon the Legislature, that separate Supreme Court shall be estas blished, and these States, where no such in junction is imposed by the Constitution. Sir, if we pass the bill now under consideration, we should in one year have gentlemen Judges, who would have nothing to do.
 But it is said the system is defective, be- cause the Judges will electioneer with ono another, that their opinions as expressed upon the Circuit may be maintained; have no ap- prehensions that such is, or will be the fact l cannot believe the Judges are, or ever will 1seonre % corrupt, as to forget the high and solemn obligations which have been imposed upon them by the oath which they have taken, as thus to violate their conseiences. Sir, 1 cannot for moment tolerate such an idea; and evenif it were so, would not the same ob- jection apply with equal force to the Judges of the Supreme Courta Utmost assuredly would.
 Sir,it would seem from the arguments ad- vanced in support of the bill, that the Judges of this new tribunal would be perfect men. that they would be nfallible, that they would be orat les of wisdom; we need not look for perfection in any thing that is human; we are the creatures of prejudice, of feeling and of passion; and after all the exertions we may make, we are in our most virtuous actions marked with impe,fection; there is no hu- man tribunal which is perfect: perfection belongs only to superior intelligences, to these pure and holy beings which are removed from the base and corrupting influences of cur poor fallen natures.
 Nor do l believe sir, if the bill should pass. that we shall be able to select Judges of more abilities, than these who compose a part of our present Supreme Court.
 have paid the most profound attention to the able, the forcible and impressive arpue ment of the gentleman from Greene, and have. come to the conclusion that the remedy which he proposes is wholly fallacious, and not re- quired by the people. The remedy which in this debate, have proposed is the best; mine is attended with no expense, his will cost our fellow citizens S5250, per annum; my reme- dy proposes no material change; his may prove dangerouss at all events, an expen- sive innovation am fearful of new experi- ments in legislation, and therefore prefer that course which will not add 10 our expense; if therefore err, it is upon the safe side. Could | be satisfied the Judges are incompetent,
 would have articles of impeachment prefer red against them, and in this way we should beNable, supply their places, with men wh, aremore competent, who would be more will ling to perform the duties assigned to them.
 have in previous part of my remarks. said that nine weeks would be all-suffcient tor the disposition of the business in the Cir cults, am well convinced that the business would be accomplished in six weeks, thouph have allowed greater time, that it might with certainty be demonstrated to the Senate. that the Judges have ample time in which to he Inf n xxyl,s II.