Alabama state intelligencer., 1831-12-17

Der may, and doubtless do produce confusion. As our Court is now constituted, the weakest Judge may defeat the most enlightened l mean by this remark nothing personal. But it is we'll known, that there is great difference in the talents and learning of our Judges. have known minority ofthree Judges to Overrue ihe majority.
 But sir, five are desirous to have upon the bench who are eminenty qualified for the discharge of their duties, we should regulate thc Courts by
 legislative enactment, that they should have time for reading, for study and reflection. At present. it is
 impossible that the Judges either read or reflect except with reference to those causes which are brought before them The Judges who have here toore been elected are young men; and being oblig- ed to devote the whole ofther time 10 Circuit and Supreme Court duties, how IS t possible, in the ma ture of things that they should improve and more and more qualify themselves by application to their books Sir ii is lmpOssblel It Is the melancholy experience of all the Judges that their time is so completely engrossed in the performance of their duties, that they can do more and even with that they are unable to prevent an accumulation of business. And yet, sir 1t is expected that our Judg es should be perfect mem that they should have all that experience and learning which are so essential to the faithful and correct administration of justice as though they could be endowed with unerrng wis dom by some talismanic touch Judges are but men; and when we shall have done all that lrail and inn perfect humanity can accomplish, i've are still dei- cient. Could we protract ourexisence and mental culture to an hundred years should still be ad- vanclng In Improvement There Is but one Being who is perfect who is all-wise: that Being who made us, who rules and governs he universe, aud who holds the destines of nations in his hands.
 It IS d maxim in law, that every gentleman is to be believed in matters relating to his own profess slon live want for information in relation to com inerclal matters, naturally inquire of tho n,er- chant II we would be informed as to politics, we apply to the statesman f ofagriculture, we go to the farmer. Let us thenby this rule learn from the Judges themselves, the extent of their labors. have (sad Mir Erwin) cOnversed with one of the Judges, who informed me, he was engaged in the performance ofhs judicial duties on the Circuit and m the Supreme Courts, nine months in the year. at an average expense of Ss2 per day; and am sure. am correct in the assertion, that all the Judges are engaged from SIX to e ght months in the year, When, then, ask, have they time for study, for inn provement, ifany even the smallest portion of time be allowed for relaxation?
 Again, sir; fthe bill before us should be adopted, we should have secured uniformity of decison and thls Is al-Imporant that the rights of the people may be efectuay guarded. When the decisions of the Supreme Court shall be uniform, and not doomed 10 lluctuation the people will not only know their rights, but they will be familiar with the law; with the legal principles which must govern them ill all the relations ofle. By what other means can the people know their rights? enphatically answer, none. Under our present system, it would be more than idle to expect uniformity of decisions and ifhe Senate in its wisdom, should adopt the proposed system the Judges would in all probability, be sell dom changed, and hence their decisions would be uniform. Should we, however make false step in the election of Judges, and should be unfortu- nate as to elevate to the bench incompetent per son, by our Constitution, he would not remain long in that situation, the term for which he would be elected IS limited This is most admirable pro- vision in our Constitution and will at all times lie us to get rid of incompetent men.
 lhave said, sir that the Judges of the Supreme Court would probably be seldom changed and that the principles of law would also remain unchanged And to shew the importance and necessity of this permanency in our Courts am reminded of the fact that great number ofvery important landcau were dismissed from the Supreme Court docket in consequence ofthe election of d single Judge. Had some other ndisidua been promoted to the Bench, perhaps different result would have been the con sequence. do not here undertake to pronounce that decision illegal. do not say whether it was rlgh or wrong; but it is well known there is great variety of opinion about it. The history of these cases is familiar to every member of the Senate; and if m change had boon made in the judiciary that particular crisis the unsuccessful litigau would at all events have been better satisfied with the final judgment ofthe Court.
 Another obje lection to the present Supreme Court is, that the Judges sit in judgment upon the opinion of each other. This alone, independent of all other considerations, should induce the Senate to pass the bull without hesitation. I have n high opinion of those who compose the Court believe that they endeavor faithfully and impartiay to discharge their duty l believe they use every exerlion to decide conscientiousIy. The Judge, from whose de- cision on the Circuit an appeal is taken to the Su- preme Court. IS constituent member of that Court and al hough in the ultimate decision of the cause he has no voice, yet he is present with his brother Judges in the consultation room. He can give his reasons for the decision made in the Circuit Court his feelings become enlisted in favor of his own opinlons he is desrous his decision should be con frmed hls pride of judicial character would prompt him to support his opinion No matter how pure no matter how learned matter how exalted, may be the character of any individual or Judge it is h- man nature to endeavOr to maintain our opinions. - And hence our Judges might, lrou7 private feelings and personal association be disposed to yield their better judgment to the opinions of their associates do moi say this is now the fact, but it might soon become can say however, that have never known, in any instance, the decision of the Circuit Judge to be reversed before the Supreme Court un- less it was maniiestly and paIpaby wrong. But sir the system onemplatedby the bill renders the Judges of the Supreme Court wholly independent ofthe Circuit Judges The Judges of the Supreme Court will, ofnecessity be strangers to a the cir cumstances, to all the preJudces ofthe community; to all those feelings incident to our nature. which might insenslbly influence the judgment of the Cir cult Judge the trial of the cause; and hence they would only be actuated by sense of stric, jpslice They would be confined in their determination ex- cusively to the record and the legal poipts which would arise under it, which fully stated Tn the bill of exceptions. Hence, then, the Judges would be unlnfiuenced by the all-controlling and oyer- WI elming power of the passions
 But, says the gentleman from Lauderdale, the lawyer who manages the in fhe Circuit is bet ter qualified to attend to it in the supreme Courts than the lawyer who is subsequently, engaged- This is not true in point of fact. The counsel, whe ther originally concerned or not, is confined to the record. The Circuit Court lawyer, too makes out a