Alabama state intelligencer., 1831-12-17

benefited by the adoption of the bill before us, should be unworthy the confidence of my constltu- ents were moi to urge it upon the consideration o the Senate. The gentleman from Lauderdale has in- stituted comparison between our judicial system and that of the United States He says they are slm-
 lar; and as no complaints have been made against
 that court we should be satisfied with our system l think the argument is unfortunate Tor the gentleman, The Supreme Court of the United States sits only once in the year. and hence they have more time to perform their duty than our Judges have. And venture to assert, that the Judges of the Supreme Court of the United States do not at any one session dispose of half of the causes which are brought be- fore them and that they do not perform half as much business as our Circuit Court Judges. The Judges of the Supreme Court of the U. States rarely if ever, decide more than forty causes at any one term and usually leave one hundred causes undlsposed of Our Judges.then perform twice much labor as they do. The argument, then, applies with much greater force in favor of the bill than against it, in- asmuch our Judges perform more labor, and have more business 10 transact. The gentleman from Lauderdale has referred to the English Courts for an illustration of his argument. But in this the o- norabe President of the Senate has for his purpose, again instituted an unfortunate comparison.
 Our own Supreme and Circuit Court system, tho somewhat modelled upon the plan of the English Courts, is yet destitute of many advantages which they possess. In England, all the high common
 law courts holden at one place, Westminster
 
 ed, the peadings made up, issue joined, and judge ment rendered. Their NiSi Prius Courts are some what analogous to Circuit Courts, with this srik
 ing difference however, that Tn civil causes judge nent Is never rendered in them as in our Circuit Courts They only try the facts of the pro- ceedngsn in doing which are entered on what is called the P0sea, and sent back to the Court from which il emanated al Westminster, where judgement is rem dered in the presence of all the Judges. From the judgement thns rendered there lies writ of ferror If in the Court of Common Pleas, to the Court of Kings Bench, from thence to the Court of Exchequer Chamber and from thence to the House of Lords the Supreme Court of Errors and Appeals and the highest Court known to the British Constitution Wrls of Error lie in the same manner, from judg- ments rendered originally in the Court of Kings Bench to the Exchequer Gambler and the House of Lords The British subject has therefore more than double the security for his civil rights, than the citi- zen of Alabama has, Here q is tried by sin gle Judge, from whose decision there lies appeal to but one Court and inc Bench of that Court the Judge below is member.
 The British system then is better than ours. There. when decision has been had, it is more certain to be correct. There are many features in the English system of jurisprudence which renders it infinitely superior to ours although there they are frequently subjected to great delay. Bnt sir, 1 have said that the British system of justice constitutes the redeem ing feature in their form of government; it has ex- sted for ages it has never been subjected to any aton variation. They have built up certain prin- ciples which have survived every change in theirpo- lncal changesl; no matter what their convulsions may have been their stream justice has continued to flow pure and uncorrupted. Their common law principles have grown up with their growth their de- cisons confer upon them unfadng glory and are quo- ted as the highest authority in courts Such are the wisdom and learning embodied in them, they will endure to the end of time.
 But, sir, it has been contended by the gentleman from Lauderdale that lawyers who are engaged to attend to the causes in the circuits must necessarily be more familiar with all the facts and circumstances; that they are better acquainted with the particular principles which apply; that they mbbe the feelings of their clients, and hence they are the most proper and competent persons to attend 10 the in the Supreme Court and should this bill pass other law yers resident at the seat of government would be poyed and the sutors would thus incur additional expense This argument is not entitled to operate prejudically to the b Under our present system. the great majority oi the lawyers attend the Supreme Court. am sure am correct in the declaration, that not more than fourth of the lawyers attend the Supreme Court. This argument then can have no weight inasmucl as the sutors in, the Supreme Court, obliged to imploy other counsel than those engaged on the circuits
 And, sir, ifthe system be changed, should some of the lawyers not attend the Supreme Court, others ~ be found in every portion of the State who would of necessity be compelled to attend, and to whom the manae cement of the causes could be entrusted, with confidence that they would receive proper at tention.
 But tle gentleman from Lauderdale contends that this bill should be adopted by the Legislature there would be opening for new Judges that some of the present Judges would be transferred 10 the Su- preme Court Bench and hence necessity for filling their vacancies upon the Circuit Bench of course there would be vacancies to ll But appeal to the candor of the Senate if such an argument is entitled tn oi ri la- mand the change, shall it be said that it must not be done, because forsooh vacancies will occur, to supply which there will be host of candidates. It would be reflection upon the. intelligence of the Legislature to say, they have not the capacity and prudence to discriminate between the worthy and the unworthy, between those who qualified and those who not.
 We all apprlsed of the requisites necessary for a Judge. No individual conversant with Judicial his tory can be ignorant upon this subject. The most laborlous and intense application indispensable; and without the most unremitng application, it is impossible that the mind should be enriched with the treasures of legal science. And, sir we are inform ed by Lord Bacon, one of the most distinguished le- gal luminaries who has ever adorned the British Courts that it requires twenty years study qualify an individual for the Bench. If then much study be necessary how can we fail in making udcious selection from among the materials which we have. There probably two hundred lawyers in the State, diilohS Wno are to pe lounu not only men or ustn- gushed talents, but whose minds stored with the learning of their profession and who also qualif- ed for judicial situations, from their experience and practice. From this number of lawyers should the bill pass, we will be required to select only three; and surely should have difficulty in determining who among them the most competent. But it is said, our Legislative Halls would be converted into an eectioneering arena, inasmuch as there many who would be candidates for the high and honorable office of Judge. know not (said MT ERWIN, what may be the inclination of other gentlemen of the law, but am at liberty to speak of my personal feelings; and assure the Senate, that for myself, not v do fo ha in inc Rench