Alabama state intelligencer., 1831-12-10
IN SENATE.-FR1DAY, DEC, 3.


 The bill providing for the organization of separate Supreme Court, to be composed of three Judges, at an annual salary of seven- teen hundred and fifty dollars, being in order for consideration.
 MT MORTON in the Chair.
 Honorable JAMES JACKSON, President of the Senate, opened the debate in opposition to the bill.
 MT JACKSON said, he was well aware that the course which he felt constrained to pur- sue ir relation to the bill under consideration, was totally at variance with the views of ma ny gentlemen, for whose opinions he enter tained the highest respect; but he was inn pelled by a sense of duty to oppose the con templated change in onr judicial ey strrn.- Whenever an important change is proposed to be made in our domestic police, its merits and dcmerits should be canvassed with the closest scrutiny by those to whom the people have delegated the high and responsible trust of guarding their interests and legislating for the common good. This will, apprehend, be an ample apology for the time l may cen sume in addressing the Senate.
 The organization of a separate Supreme Court, il will be contended by the advocates of the bill, is imperiously demanded by the necessities Of the people, because it is said the business now before the Supreme Court has increased to so great an extent, that the Judges cannot, by any possibility, des- patch the causes which are brought before them, at each successive term; and, that even now, the docket is onerous; that there are on 1t very many causes which have been there for years; and that, consequently, this delay in the decison of cases amounts to a de- nial of justice. But, sir, am not disposed to admit, nor do l admit, upon the threshold of this debate, the fact that business brought be- fore the present Supreme Court is so great as to demand, or even to require, the change sought for; nor do l admit that the Judges are unable to clear the dockets; but on the con trary, am well persuaded, that the clamor which is daily sounded in our ears, as to the delay of justice, would soon cease, if our pre- sent Judges were more assiduous in the faith ful discharge of their duties. I make the as sertion with much confidence, and think, in the course of this debate, 1 shall be able to demonstrate, beyond all controversy, that the defect which this bill proposes to remedy, is not in the system, but should be attributed to those who arc clothed with judicial power. I do not intend to make the declaration, that the Judges are always negligent and inatten- tive to their public duties, but speak from my own personal observation, and can there fore say, that when my public duties have called me to the scat of government and be- ing ne1c dl lndt till WDCn lnc DuDISliIC Court holds it's January term, Ihave seen the Judges apparently at as much leisure as other gentlemen who are engaged in the pub lie service, when their time should have been devoted in disposng of that immense mass of business, which it is gravely said, cannot bv any reasonable possibility, be performed by them. lam not disposed to deny to the Judges that relaxation from business which is requisite, but have come to the conclusion, that they have not heretofore devoted so much of their time and attention to their du- ties as they might have done. It would be matter of mnch importance to ascertain, if practicable, how leng the Judges remam in session each day. So far as l am enabled to form an opinion upon this subject, from observation, l should say, they seldom re- main in session more than two hours per day. They repair tothe Court room at 10 or II o'clock, and the Court is adjourned by the usual hour for dinner. If so, if this be true, that so small portion of time is occu- pied in hearing the arguments of counsel, it is no matter of astonishment that causes should have multiplied on the docket. It is not to be expected that court which sits only two hours in the day, can despatch much bu- siness. But, sir, greater diligence is expect ed and required, and if exercised, the docket would doubtless soon be exempted from that great umber,ofcauses'whc now encumberit. If the Judges, either from want ot capacity or inclination, cannot discharge the duties as-