Alabama state intelligencer., 1831-12-22

bv some of the members of the bar. Sir, in all aces, and in all civilized countries the law vers have been found the warm and untiring advocates of the rights of man. Look at the exertions of the bar in this our once famed land. Call to mind the transcendent, the powerful the talented and patriotic efforts 1 of Adams, of Jay, of Jefferson, of Henry and others, who so nobly and fervently advocated the cause of our glorious revolution, which re- suited in the establishment of our freedom and independence. But must forbear. l have thus endeavored to portray to the Senate the necessity which exists for organizing sepa- rate Supreme Court, I have endeavoIed to answer the various objections which have been so ably advanced by the Honorable Pre- sident of the Senate against the bill and most
 sincerely do I indulge the hope, that the Se- nate will pass the bill, and thus add to the ho-
 nor of the present Legislature, by securing
 the rights and advancing the interests pt our
 fellow citizens
 MT CoopwooD said: 1fr PreSident-l am
 admonished by the great length ot the argu- ments which have been addressed to thi sen
 ate, not only by the Honorable Presiden, but
 but also by the gentleman from Greene (Mr
 Erwin,) upon the bill now before us, hat
 should be silent; but the i~portance ct the
 subject demands our mos serious consldera-
 tion It gives me mr.h pleasure to conpli-
 ment those genter4en who have preceded me
 in tbis dehate rot only for the able arguments
 which have been advanced, both for and against ike bill, but also for the dignity and
 eioop1nce with which those arguments have q been enforced! f%
 profound atts l.tio,, paid .iie ar
 gument of the Senator from Greene, (Mr Er-
 win,) who has just taken his seAt, it is some
 what uncertain, whether thenaj ajority of the l aye HI,n i, fnyO pf Hence the necessity of pursuing this subject somewhat further, and with the kind indu- gence of the Senate, l will examine into the merits of this question, and then we will be able, the more accurately to determine, whe
 ther it should receive the favorable or unfa- vorable determination of the Senate. l will also attempt a reply to the arguments of the gentleman from Greene, and trust shall be able to satisfy the Senate, not only of this fal- lacy, but also that the organization of sepa- rate Supreme Court, is not expedient, but wholly unnecessary.
 The bill before us proposes the creation of new judicial tribunal, which shall be com posed of three Judges; the expenses of which court, we have been informed by the gentle man from Greene, will be only S450O per an mum. If understand the phraseology of the bill, the salary which it proposes for each Judge, is S1750, which multiplied by three, will amount to S5250. If am in error as to this calculation, the gentleman will correct me. MT Erwin replied, the gentleman is correct his arithmetic.
 Here then, we are called upon to impose a tax of S5250, to pay the salaries ofthe Judges of a Court, which the want of the people, and the business before the present Supreme Court, do not, in my judgement, require.
 But it is said, tllat the delay in the admins tration ofjustice is so great, that it amounts to absolute injustice, nay, almost to refusal of justice; and by way of illustration,~we have been told, that the mechanic who builds a house forthe wealthy and aristocratic nabob, cannot get compensation for his services, but after protracted lawsuit This argument is unavailing, and cannot influence us; for let it be remembered by the Senate, that there is statute in this State, by which the mecha- nc has lien upon a building which he may have erected, and can lcck it up, and put the key in his pocket; thus forcing payment inn mediately out of his "lordly neighbor. "- Had we no such statute, had we no provision of this kind, woril be one of the first to advo- cate any measure which would protect, and secure to the laboring man his rights. Yes, sir, l would not hesitate to vote for some such statute as that which we now have This ar gument then, it appears, is not entitled to any weight,
 Believing as do, that the delay in decd- ing cases in the Supreme Court, is not to be attributed to the system, or to the want of Judges, will propose remedy for the defect which is the subject of complaint. As the Circuits are at present consttuted, they com mence and terminate at different periods; whereas, all the circuits should commence on the same day. would say, let the cir cults commence on the first Monday in March; nine weeks would be ample time for each cir cult; let the same time be allowed for the cir cult in the autumn; this would make eighteen weeks in the year, that the Judges would be employed in the performance of Circuit Court duties. We now the Supreme Court; let the Judges hold this Court for six weeks at each term, twice in the year, which would be twelve weeks; this added to the time en- ployed on the circuits, would be thirty weeks in the year, in which the Judges would be em- ployed ill the performance of their official dul ties; and the remainder of the year, twenty two weeks, they might devote to study and relaxation. Should the Supreme Court hold its terms for six weeks, which could be done without any interference with the circuits, the Judges could dispose of all the business now upon docket, together with the new cases which may be brought mp in two terms. beg permission to refer to the documents which has already been commented on by both the gentlemen who have preceded me in this debate, (Messrs Jackson and Erwin, by which it appears the Judges have never been Tn session at any one term, as much as six weeks. At January term, 1880, they held the Court for 34 days, and disposed of 1l7 cases; at July term. 1899, they held the Court go days, and disposed of 100 cases; at July term, 1880, they were in session 24 days, and disposed of SC cases; at January term, 1881, they were in session sO days and disnosed of