Alabama state intelligencer., 1831-12-10

AoCO the evil complained of. Atthat time, by the amended constitution, the term by which the present Judges hold their offices will termi- nate, and we shall then have the power to elevate men to that high and dignifed sta tion, who, in all probability, will be found at their posts until the docket is not only clear ed of the causes, but who will possess the abi- lity and inclination to keep itin that condition.
 Our present Supreme Court system is pre- cisely the same as the Supreme Court of the United States. In both Courts the Judges have Circuit Court duties to perform, and at the termination of the circuits, they convene together for the purpose of ofhearing arguments and deciding upon such causes as have been brought up from the circuits. We hear no complaint against the Supreme Court of the United States; we hear of no complaint a. gainst the number of Judges who compose that Court. There the Court consists of se- ven Judges, and our Supreme Court is com posed of the same number. The enc is not more unwieldy than the other They are both vested with legal and ehancery powers They are to my mind precisely similar. We have then the highest authority fer cur pre- sent system. Why then is an effort made to abandon a system which is familiar to us, which is the same in every particular as that NlliNI NdS utNiSttl DN SGllc CT the most (llS tinguished and enlightened statesmen who have reflected such imperishablc renown up- on our country?
 l, for one, sir, cannot consent to adopt the proposed change, and venture upon a new experiment, until it shall be satisfactorily proved, that some powerful necessity exists, which can only he rcmedied by the adoption of the bill before us.
 In addition, sir, the Court which it is now sought to be organized, is ofa costly character. Are the members of the Senate prepared to impose tax of OF S8, GOO upon the citizens of Alabama to dcfray the expenses of this Court, which would be saved to the people if the present Judges would be more zealous- ly employed in the discharge of their duties? Is the eXigency such as to induce the Senate to impose this additional burhen upon the people? think not, and if the evil continues until 1885, l have shcwn to the Senate, that we shall at that time have sure remedy in our power, and thus save the people from fur ther taxation.
 There is, sir another objection which car ries with it much force, and it is one of con siderable importa- ice. Shonld this bill pass, upon the organization of the Court, it will be- come necessary that the sntors before this tribunal should employ other counsel than those originally engaged in the management of the cause upon the circuit. The suitors then would be compelled to encounter addi- tional expense by remitting fee to the coun- sel, resident at the capitol, to whom the cause must ofneCcssity be ccnfded. The Supreme Court would probably be in session during the Circuits, and hence it would be impracti- cable they should attend the Supreme Court. The additional fee is not the ouly objection. The lawyer who is engaged in the prepara- tion and management ofthe cause of the cir cult, who holds frequent conferences with his client, not only imbibes his warmth of feel ing, but becomes thoroughly acquainted with all the facts and circumstances, and consc- quently would better understand their appli- cation to legal principles. He would feel deeper interest in the final event of the suit; and hence he would be the most proper per- sen to attend to the argument of the case be- fore the Supreme Court, and infinitely to be preferred to the counsel who would neCessari- ly be a stranger to the ltigant parties. Thus, the llrnIhe would be forced to engaso- eitv professional services of those who would be designated by the high sounding appellation of Supreme Court lawyers, with whom they would be personally unacquainted, and in whom they of course would not repose so much confidence as in the counsel originally employed. This objection does not apply to the Court as at present constituted. Now, the attorney engaged on the circuit accompanies the case to the Supreme Court, and there ar gues it in proper person. There is yet ano- ther argument which should not pass unno- ticed. The propricty and necessity of crea- ting separate Supreme Court has been urg- ed year after year upon the attention of the Legislature; it has been discussed time after time, and yet no petition has ever been present. ed to either branch of the Legislature, calling for the adoption of such measure by the peo- pie. We hear of petitions upon subjects of general interest, yet upon this the most pro- found silence has been observed. Do you not believe, sir, if the people desired that this bill should pass, that they would have eX- pressed their wishes by petition? Yes, sir, they certainly would. We are then to infer from the silence of the people, that they do not desire that any such court as that propo- sed should be created. Even those who may have some cause to complain of the de- lay in the administration of justice have not complained to the representatives of the peo- pie. From their silence, it is rational to con- cludc theyare satsfiedwth the present system.
 Let us avail ourselves of the experience of sister state; in Tennessee, they have the ve- " system which the bill before us contcm- plates-a separate Supreme Court, compo- sed of three Judges. There the people are not only clamorous on account of the delay of justice, but are aroused to the highest indg- nation. So much so, that one of their most distinguished and learned Judges has re- signed his situation, alleging as his reason, that the business of the Court had accumula- ted to such an extent, and surrounded as he was by peculiar circumstances, found it inn practicable to give satisfaction to the sutors, and do justice to himself, as also to the people. Another of the Judges is characterised as n- competent, and the other superanuated.- Here then we have practical illustration of that system which we are asked to adopt. Should we not pause and deliberate before we