Alabama state intelligencer., 1831-12-22

 be elected, would immedi ately proceed to business, and dispose of not only all the cases now upon the docket, but would be able to dispose of all the cases as they might be brought up with despatch, without delay; and hence, the certainty that speedy con firmation of the judgement would be effected, would prevent frivolous appeals, or appeals merely for delay; and the costs of appeals which would thus be saved, would be more than sufficient to pay the salaries of ,the ou- preme Court Judges twice over, at least once.
 Yesterday the gentleman from Lauderdaie referred to the Supreme Court of the State ot Tennessee, in support of his argument. In that State, believe the Judges are elected for life, or during good behavior; and hence, one of the Judges there has become superan- nuated; and we are informed another has been impeachcd, and the third has resigned, because under all the circumstances. 1t was impossible that the business of the Court could be despatched. But, sir, in cur State
 no such event can possibly happen. Our
 Constitution enables us to provide against any such evils. Here our Judges will go out of
 office every seven years We would never
 promote to the bench an individual who was
 superannuated, and who would be an incubus
 upon judicial proceedings. In Tennessee the
 Supreme Court is held in variety of places.
 This is attended with delay. Here our Court
 is always held at the same place; the Judges
 would be stationary. Besides, in Tennessee
 they have county court system of the most
 wretched character. Their county courts
 are held by the Justices of the Peace, "a majori-
 the 1aw and an appeaI tah' i' be tafcn' n',cthps oi
 County to the Supreme Court The deci-
 sions in the County Courts must very often be
 wrong, and this contributes materially to the great quantity of business which is carried
 before their Supreme Court
 Another argument of novel and peculiar character has been addressed to the conside- ration of the Senate, which is, that we have heard of no petition from the people, asking for the organization of separate Supreme Court. To my mind this argument is more futile than any which has been advanced.- Have we not been sent here from every DOT tion of the State by the peopleto legislate for the general good? Are we net presumed to know the wants of the people, and to speak their seftiments' Are we not selected by the people, upon the suppoStion that we know their wants, and that we will apply the proper remedies by legislationi Let me ask, sir, if the people petitioned for our present judicial system? Did they petition for cur State Bank' Did they petition for our Uni versity9 Did they originally petition for the Constitution? No, sir But they sent their delegates and representatives, who knew their sentiments; but they were not petition ed. And now, that we who are their repre- sentatives, know what is necessary for them, we are tcld we must not legislate, bee alse the people have not demanded the adoption of this measureby petition. Sir, the people are in want of this measure; and if they supposed for moment, that the Legislature hesitated ori efused to act because they had not petition ed for the organization of a separate Supreme Court, your table would have been loaded with petitions from the people, ir relation to this very subject. Sir, am conversant with the sentiments of the people, whom have the honor to represent, upon this subject. They are not only willing but anxious, that this Court should be established, and f it were essential, would in one week, procure a thousand petitions, asking, nay, sir, requir- ing, that the bill now before us should be passed into law.
 It has been urged to this body, that the law ye1s are the principal advocates of this bill. It is conceded this is true; and here let me in quire who are as familiar with the wishes of the people upon this subject as the gentlemen of the bar? Every case which fnds it's way either into the Circuit or Supreme Court, is by the lawyers; they are in the ha- bit of familiar intercourse with their clients; they hear their complaints against the delays Of justice; they inquire why the Legislature does not remedy the evil It is principle of law that all persons should be believed in those matters which belonged exclu.vely to their particular profession; apply this sau- tary principle to the question before us What will be the evidence upon which the senate will pronounce their vrdctP The lawyers will tell you, that such is the vast and overwhelming accumulation of business before the Supreme Court; such are the la- bors ot the Judges; such are the delays cfjus- tlce, that separate Supreme Court is not on- Y necessary, but absolutely indispensable. Will the Senate receive the testimony It is legal proof; is the proof entitled to cridite Ii so, they will not hesitate to pass the bill In like manner does this maxim apply o all other professions, whether scientific or me chanical. In courts of justice, Judges and iu- TOTS are influenced by the evidence of thesur- geon in any matter relating to his profession; so ot the artisan in relation to any mechanical structure; so of the merchant in relation to commercial customs.
 It IS answered to all this proof, that we have had no evidence of the public sentiment upon this particular subject, and therefore we must not act. Look at the two last Ex- ecutive messages, in both of which the orsa- nizatioh of separate Supreme Court has been specially urged upon the attention of the Legislature If this be not evidence of the vc- ry highest character, where shall we go in search of 1t? Fhe governor is the choice of the people, and he is'presumed not only to be fami liar with their sentiments upon any i'm poftant matter which shall come before him, but he is also, from his talents, his learning, aud experience, most competent person to suggest for the consideration of the Legisla- ture, such measure as may advance their in terests.