Alabama state intelligencer., 1831-12-22

NIT COOPWOOD Saluy MT ITesluent, we nave been entertained by the arguments which have been ad- fanced in support of the bill but it is yet uncertain what may be the impression made upon the minds of the Senate by the impressive and imposing manner which this debate has been conducted, 1 feel im peed by sense of duty to add to the desutory re- marks which have the honor to advance in oppos ton to the bill on former day. During the discus sion Saturday last, l pointed out what, to my mind wouldi operate as sovereign remedy; and until better remedy be proposed, shall not inno vate upon our present system.
 It has been said, the circuit decisions are often roneous, and hence the great number of cases which, are brought before the Supreme Court at each sue cessive term and that we must have separate Judges for the purpose of correcting such contend, in reply to this argument, which is more spacious than solid, that it Is matter ofthe first con sideration of the highest importance that should have able Circuit Court Judges the effect which would be that the circuit decisions would most gene rally be correct; the consequence would be, that the citizens would repose confidence in the ability, the learning and integrity of the Judges; the suitors would be satisfied with the decisions, and there would be but few appeals And, sir, 1t well known that appeals increase the expense, and hence there would be great dnnuniton of the number of ap- peals. That we may have Circuit Judges of the first order of intellect would say, let such ol the present Judges oe dismissed in 1883, who may be incompetent let increase the salary to 5000 per annum which would only increase the expense $l750, .there being Judges, instead of 525O, the necessary to pay the salaries of the Judges of the separate Snprene Court and gnis salary of $20o0 would command the most tule6ted fnen and distinguished lawyers in the State.
 said on Saturday this new Court nnnecessa- ry, because business had declined. The laws have become settled, and the people knowing these laws, will not involve themselves in law suits when they understand their rights; and the decisions of the Supreme Court published, so that the lawyers themselves cannot be mistaken to the law Ano ther reason why business has declined is, the people are not so much in debt as they were a few years since; embarrassment no longer exists, which was caused by the great depression in the price of our staple commodity. Another why law suits will not multiply is that land titles are well set tied. Our titles to land are not in England, and hence there is necessity why we should create court to provide for the speedy adjudication of suits which will not occur for many years The only obligation at present suits on bonds for the payment of money. have not much experience in the practice of the law but appeal to every law yer who hears me, if it is not true that the most of the business which finds its way into courts Is not for pecuniary demands.
 Sir our attention has been directed to the Supreme Court of the United States; which Court it Is said, Is similar to That Court, informed, tries not than forty at each term If this behe fact in this great commercial community what might we not expect herel
 The time will have no doubt, soon arrive when we will not have more than twenty appeals from the
 
 this prediction should be verified by experience, shall then have no necessity for the services of the three Judges as contemplated by the bill now under consideration.
 No reply has as yet been advanced to the remedy have suggested previous day, that the circuits should commence the same day. which would give time for the session of the Supreme Court Letlhe Supreme Court sit six weeks if necessary. If it should, that accumulation of cases which burthens the docket would disappear by the end of the second term and then the Judges would not be subjected to the necessity of holding the Court more than nineteen days; which was the period of lime they were occupied at their last term, July 1881 when they adjourned, leaving 2oo cases upon the docket To use the expressive language fthe Pre- sdent of the Senate, this prodgous industry T! But it has been contended many cases are merely brought up for delay If the applicants gain but little advantage for their perversty for the judge mens are confirmed with ten per cent damages and costs. These cases ofappeal for delay, ofwhich the gentleman of Greene has spoken, have not operated to the prejudice ofmy constituents.
 must again repeat. if the Judges are incompetent let them be dismissed and fill their places with others who are better qualified five pass the bill now under consideration, this separate Supreme Court will be fixed upon us forever therefore can not vote for it, unless it could be demonstrated be- yond contradiction, that tbe necessities Ofihe people required it; and as yet, this has not been done. ln- deed, the only evidence which has been given, has satisfied me, and will satisfy the people, that the defect is not in system, but in the want that devotion to business by the Judges, which should characterize public servants.
 have said, sir business is declining. Yes sir, and to such extent, that in short time, have no doubt the Judges and will have six months Tn the year which they devote, they desire 1t, to reading and reflection. The circuit in which re- side, is composed of three counties and three weeks are allowed to each county for the Circuit Court in the Circuit The court seldom sits than ten days in anyof the counties. This is the highest ev- dence.of the declenson of business; and well may It decline. The people know their rights and fear the costs Sir should this bill pass, what guaranty have we, that the Judges of this new court, would be men Of great legal learning and experienced We might possibly elect some of our present Judges. would advocate the pretensions of of them, of others would not! Yet some of those who most incompetent might possibly be promoted. cannot, SIT under any circumstance, therefore, yield my sup port to bill of even questionable utility.
 The gentleman from Greene has Insisted, that we are bound by the imperious mandate of the Gons luton to organize such court will enable our c tizens to obtain their rights by due of lsw without sale, denial or delay.'' This position is np controverted; and maintain that we have already compiled with this requisiton Of the Constitution. At all events. it will be attained by pursuing the mode which I have had the honor to suggest
 MT President I now close the remarks which intended to submit to the Senate, in opposition to the bill. owe an apology for having consumed so mnch time: but the importance Of the subject de- manded the fullest and freest investigation. Discus sion is necessary and it will give pleasure to ex- tend that patient indulgence to others which has been extended to me. trust have shewn the fa- lacy of the arguments, which have been urged with so much zeal and ability upon our consideration in support of this measure; that have demonstrated, that the proposed Supreme Court would be expen- sive that the state of legal business does not require it. that the people have not asked us to adopt the b and indulge the hope that it will not be adopted by