Alabama state intelligencer., 1831-12-17
IN sENATE.-FKIDAr, DEc. 3, lssi
DEBATE ON THE SUPREME CoURTBILI

Mir MoRToN in the Chair MT ERWIN from Greene, said, the importance of the sutec under consideration, would be ample apology bl the time he should consume in the discussion. W ntever eff fected the rights of the people, what involved their interests, whatever calculate" advance retard the administration of justice, werf matters of deep reflection, and demanded the most serious deoeration, and the most mature reflection. It is said Mir ERWIN, my misfortune to differ in opinion in relation to the organization of separate Supreme Court, from the Honorable President of the Senate. And can but indulge the hope, that thls difference of opinion will result in such
 imitation of the facts in relation to present judi cal system, as will emineny contribute to advance the interests of the people, by more eifectualy se- curing to them their invaluable rights as C llie l- berty and property.
 It devolves upon me- to reply to and reluto the guments which have been ably and ingenousIy ad vanced by the President the Senate Re has con tended, that the passage of the bill will sender ad dtional taxation ndspensable that the requisite should be raised for the purpose of deirayng the ex- psnses incident tothe creation of this new Court; and las said, the salaries of the Judges would nount to some $5 900 or Sl0,000. In this the gentle pan from Lauderdale is wholly mistaken. The aggra ate saa- rles of the Judges, proposed by the bl woi notex ceed $5250. And. sir what IS the tax wh h would be imposed upon each individual in the State, for the purpose of raising this amounl It would be mere nothing. The people would not even feel it.
 
 would wholly disregard it and well mightthey dis regard it as insignificant. when the objec, of this pal try additional tax would be 10 advance the alminis- tralion of justice, and to render more cerainNnd se cure hose great principles of law whlcpropsrae equally nre" s~erys individual in the community.
 The faithful and expeditions administration of jus lice is anportant and when it fails the object con tempated by any system of jurisprudence is not ac- complIshed; and then il Is the highest duty which can devolve upon the Legislature, tc remedy the evil.
 What is it, sir, that renders the English govern ment even tolerable to its subjects who are ground down to the earth by taxation It is Ter judicial sys- tenn; and it is this above all other considerations which constitutes the redeeming feature the British government. IL Is this which elevaes the peasant to an equality with the lord and giv,s peace and curty to his cottage. It Is this whIcmakes her ct- zens comparatively tranquil and happy, because they are conscious their rights securld to them by faithful and prompt, and energetic administration of
 justice. Witbouthis sanctuary and protection afforded by the courts ofustice. the British constitution, not withstandlng the freedom of some ofits forms would prove m practice system of unmitgated despotism But it is conended that the delay justice, of which we complain IS not to be attributed to any defect in present system; but Is owing entirely to the want of asslduty the part of the Julges. In this the gentleman from l.. Is again mistaken and in the course ofthe argument which l shall make in sup port Of the bill shall shew concluslvey to the Se- nale that such is the accumulation of business in the Supreme Court il is impossible for the Julges to dis pose of 1t regularly consistently with the correct ad- mlnistraton othe law and with due and proper re- gard to themselves. The gentleman has said the Judges are not sufficiently attentive to he prompt and faithful discharge of their duties tint he has frequently seen them in the Senate chamber during the session of the Legislature, and in the streets, when they should have been on the Dtnch in the Supreme Court room, hearing the arguments ofcoun- sel, or in the consultation room. Sir have never witnessed t.,is nattenton to business tf which the gentleman MT JAcKsoN) complains have never seen the Judges idng away their tlms; and SO far as am familiar with their habits, they are not only ordinarily attentive, but are industrious have had (sad Mir ERwIN) some few cases in the Supreme Court and so far as have had any experience be- fore that tribunal, the Judges have evinced much in dusiry and anxiety in the prompt discharge of their duties which are incumbent on them, and consistent ly with justice. But it is said, the Judges are idle, booauso they are not engaged in hearing the argu- ments Of counsel, on an average of more than two hours per day Here again the gentleman is mista- ken; and speak from my personal observation and experience, when l say the Judges sit upon the Bench four hours per day They repair to the court room, usually at 10 o'clock, A. Nj. and adjourn at ? o'clock F. M.; and it necessarily requires the remain der of the day, to examine the various cases which have been referred to by the counsel in argument, to ascertain whether they apply; whether they de-
 
 are relevant or rrelevant and after the examination of the authorities shall have been made then the Judges are to decide upon the points made in the | briefs, and write the opinion of the Court All this requires much time, and great labor They should | proceed with caution, with the greatest possible eau ton and deliberaton. The abour to which they are subjected the Bench, in hearing and noting down the arguments of counsel, is mere nothing when compared with that which they have to perform in | consultation, in the examination of authorities and in reflection and 1t Is of incaculable importance that they should not decide any cause involving any new principles, until they should have become lho- roughly convinced othe correctness ofther decision; because they compose the court in the last resort there is no appeal from their decsion and their deci sions not only binding upon themselves in subse- quent eases involving the same principles, but they also obligatory the Jud ges the inferior Courts; hence 1.-the law be faithfully and correctly interpreted by the Judges ofthe Supreme Court the stream ofus- uce continues pure through every department of its administration, in cases of the humbest character The decisions of the Judges fthe Supreme Court are as binding IS the acts the Legislature Ifthis be should not the Judges have time for reflection for examination Nay, sir, could they discharge their duty to the people, to their conscences to their characters as men, lawyers, above all, as Judges were they to decide preclpitaely, and without the most mature the most aborious and profound delibe- ratons? Were they to act otherwise, they would prove a curse, instead ofa blessing to the community
 But it is L-ged with much warmth, that the con- templated change in our judicial system. is not only calculated to advance the interest of the members off the bar, but would greatly enhance their profits. Ir this argument true, it is admitted it would and should prove fatal to the bill. We have not been clothed with legislative power to enact partial laws, to ad' ance the interest ofany particular profession or class Of cltizens but to egisate for the whole collectively and when we fail to do this we shabave betrayed the confidence which has been reposed in us by our constituents; would not only dshonor the situation we occupy, but would merit and receive the popular indignation. Could believe that the rrnn snd chm in.