Alabama state intelligencer., 1831-12-17

and determine whether the defect be in the system, or Tn the want of devotion to business by the Judges Mark this fact, al July Term 1S26 there were 327 cases upon the docket. and at July Term 1881 there [ were also 321 cases upon the docket Thus shew-
 ing that in five years, business had not increased solitary case, although during that time inc Judges had not held the Supreme Court half the time t6ev could have done. lfthey had performed their duty. I not one case Wonld now have been on the docket On yesterday some alusion was made as to inc nd vocates of thls bill This deserves an observation and sir, who, emphatcaIy ask are the advocates of this separate Supreme Court ltwill be found that Us advocates are without exception, members of the bar; and who are those that found in opposition 10 the bill the plain men of the house. most gene rally those who are iamers and do not mean this us any reprOach to the legal profession | have strong partiay for the gentlemen of the bar; they are not only useful citizens, but generally charac- terlsed for thelr intelligence for their high literary altainments and moral excellence ofcharacter The bar in all ages and in all countries have been disn- I guished; and many ofihem have shed usre upon human nature. They to be found in our slate and national councils, and by their eoquence and learning, guiding tie deliberations of deliberative as | sembles But although they men of learning although many have acquired fame yet they are still but men they at last find they cannot dvest them selves of the fralltles o human nature They are as easily operated upon by their interests as other per sons and 1t is no itapulaon upon any man or any class of men. We all influenced by our interests and il Is perhaps right that it should be so and this principle applies to all professions Ii exists among physclans, merchants and agriculturisis It is then principle of our nature and coseuuentlv we are iailuenced by its controlling power. 1 have said, sir, that the lawyers the only advocates of this bull; perhaps this expression should be qualified and 1t would be more correct to say that three fen s of it's advocates are members of the bar. II being matter in which all the citizens of the state are deep. ly interested, II Is to my mind, surprising that other gentlemen than lawyers are (with few eXcpptionsl 10 be found among lts warm supporters. It is asked however, with an airolumph how the interest of inc bar to be promoted by the adoption oilhs measure lnasmuch as it Is said business would decline in the Sopreme Court in consequence of the certainty of the ability Of the Court to dispose of all the cau ses which would be brought before il at every ses sion. will answer this question, if the bill should pass in all probability three of the present Ju-ges would be elevated to the Bench of the Supreme Court. This. as matter of course, would occasion three vacancies among the Circuit Court Judges which must be filled immediately. Then the infu- enee of the bar would be brought to bear upon the subject. Every lawyer would desire the promotion of some prominent individual who is distinguished and has an extensive pracllce his promotion would necessarily advance the interests of the other practitioners. There being three vacancies to be h ed, there would be three candidates, and probably many more, who would be asplrants for the iudcial honor. Each candidate would be supported by his immediate friends of the same profession and hence the influence oI the bar would not only control the elections, but be irresistible
 trust have shewn to the satisfaction of the Se- nate, that the causes upon the Supreme Court dock ct, as at present constituted, have not increased in number for five years W hat does this prove That the Judges have been enabled to keep down any ac- emulation of business, although they have never re- mained in session the full extent ot the time which they could have done without interfering with ther Circuit duties The fault then is moi to be attributed to present judicial system, but it is beyond all doubt in consequence of awant of industry on the part of those who compose the Court.
 But it Is said by the gentleman from Greene, that some of the Judges are not of the first order of
 intellect and hence he insists upon the necessity of creating this new Court, that the improper and erTo- neous decisions of the Circu Judges might the more certainly be reversed. To my mind this argu- ment carries with it no force and fiji be true which lis foreign 10 my purpose to inquire, can, and in all probability will, be relieved from ths difficulty in 1855. But, sir suppose the bill should be enact led, what security have we that the individuals elect
 ed To the Bench of the Supreme Court, would DOS sess the requisite quaIhcaons2 We have no such guaranty Nay, sir, would it not be certain, that the persons selected for this exalted station, would ne- lher be equal in their natural powers of nnd nor in their legal attanmentsl Should this be our unlotu- nate condition, should be in a worse dilemma than at present, l am agaIn reminded of the con- dition of the Supreme Court in the State ofTcnnes- see. There, they would rejoice 10 he rid of that Court, for which the advocates of this bill are con tending with much zeal, ability and eloquence The Supreme Court of that State is composed or has been, of three Judges one of whom, II is said is superannuated, and consequently incompetent ano ther has resigned, alleging his reason that the business of the Court had accumulated to such an ex tent. it impossible to give satisfaction and the other stands impearhed. Here. then. we may learn wisdom from the bitter experience of sister Stale and we are at least admonished to pause before we engrat this Court upon the people of Alabama.
 The gentleman from Greene has said the cleo ton of other and new Judges unsettles the princ- pies of law; and that this difficulty would mol exist iu separate Supreme Court. This argument is collateral from the main point in controversy and does not, therefore, demand a reply relulation. And even ifths argument had. any application, it furnishes me with a weapon of defence agast him |; for three Judges, the number contemplated, would more likely unsete the existing decisions than se- ven would. This argument, however, willnot pur- sue, because il Is irrelevant.
 The gentleman from Greene made strong point rather he thought he had by arguing that our pre- sent system is an associate Court, being composed of the Circuit Judges. They would naturally endea- vor to support their decisions upon the Circuit that although the Circuit Judge has no voice in the ulli- mate decision of cause which was tried before him, yet he Is on the Bench when il is argued, and meets with his brethren in the consultation room, and his pride of opinion would induce him to endeavor to maintain his decision; and hence 1t is inferred that the Judges may eIectloneer with each other. We have evidence that such is the flct and until we have the evidence, must withhold my assent to il. | have heard no argument which can induce me to vote for the bill feel conscious, that if the Judges will use greater diligence and application, the docket which is said to be onerous, wi soon be exempt from that pressure which now burthens it; and we shall soJn hear the gratifying intelligence that justice is administered without delay.
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