Alabama state intelligencer., 1831-12-22

of, is on the part of those whose duty it is to administer the law.
 It has not been contended by the gentleman from Greene, that the Judges are incompe- tent, but that they have neither the time or the physical ability, to hear and determine all the cases which are carried up to the Supreme Court. One would suppose from the argu- ment, that every man in the State IS involved in the law. So far from this being true, the document furnished by the gentleman, clear ly shews, that there is great decrease in the business; and such is most unquestonably the fact, and can be accounted for very rationally The State of Alabama is yet in her infancy. Heretofore we have had no settled principles of law; but since the organization of our pre- sent system, so far as the Judges have pro- gressed, the principles of law have been ad- indicated, the decisions have been published, and the law has been rendered certain. But it is earnestly argued, that the delay which exists, operates as stop law; but let it be re- membered, that Tn all cases where the judge ment is confirmed, in addition to the original amount of the debt, or verdict, and the Cir cult and Supreme Court costs, by statute, 10 per cent. damages on the amount, are also awarded, and becomes a part of the judge ment. In all cases brought up merely for delay, by rule of Court, upon the sugges- ton of counsel that they are delay cases, the briefs are filed, accompanied with the au- thorities relied upon; and the necessary books are furnished to the Judges at chambers, so that all such cases are, or maybe disposed of at the first term. Thus it appears, that this ares'-~ent is entitled to no weight with the Senate.
 How then, if the defect be not Tn the sys- tenn, shall we secure more promptness and I IL lxAN I... L pelled to their duty; and if they will not, as the President of the Senate has very justly and properly said; we will in 1883, have it in our power, by the amended constitution, to apply a remedy which will not fail in pro- ducing the desired effect.
 Sir, can never consent, that the people shall be compelled to pay tax of S525o, to employ men to perform particular duties, when they already pay tax to others for the very same purpose. If we must impose up- on the citizens of our State, additional bur thens; we can expend this sum of S525O, to greater advantage. With this amount, we could establish a seminary of learning; at which, could be educated ffty-two young men, thus installing into their minds the lights of science, and preparing them for use fitness, and conducting them by a charity so noble, into the paths of honorable and lauda- ble ambition. We should thus rear up young men, who would become an ornament to our country; who would be like stars in the fo- rum, upon the Bench, in the Pulpit, and in our Legislative Halls.
 But Sir, if we should establish the Court by the bill, it would become so in our internal police, that it would continue through all generations, to eternity. And shall we, who are the guar dians for the term for which we have been elected, ofthe public good, consent to impose upon our fellow-citizens tax which shall last through all time. I, for one, Sir, shall not assent to it. It is much easier to build up any system, than it is to pull it down. This is the experience of all mankind, in all ages We should, therefore, be reluctantly, nay, Sir, We should never make an innovation upon any system, by legislative enactment, unless we were thoroughly convinced hy tho n,.st arguments, that the public good required it.
 But it is sail, the proposed Court is de- handed by the people: Sir, so far as am with the people, they have never uttered a complaint upon this subject; nor do believe, if the measure were submitted to the people, that single county in the State would vote for it. The great majority of the
 
 fed; for why should they respond affirma- lively, when they are already taxed to pay the salaries of those who have undertaken to perform the judicial duties of the citizens of the State? Our present Judges are compe- tent, with perhaps one or two exceptions; and I believe they receive ample payment for the services which are required of them. And, Sir, if the Judges find their labors so excessively onerous, and the salaries so in- considerable, why do they not resign their situations? why do they not return their com missions to the executive? No, Sir, we hear of no such events; they appear to be abun- dantly satisfied, both with the station and the salary; and they should, if possible, dispatch all the business which is brought before them. Yes, Sir, 1 have said the people would not, and do not, advocate or desire the creation of this new Court. The honest and industrious farmer who pays his debts, would say no.- This question has never been discussed by the people; they have never given to it any con- sderation; and if they informed us to the facts, they would tell us in a voice which would not be misunderstood, that the Judges do not perform their duties; they would tell us, that the Judge sshould hold the Supreme Court for six weeks, and not for 1e or 70, ,or 25 days onlys
 But, Sir, we have been told by the gentle man from Greene, that the organization of this sePerate Supreme Court has been strene- ously urged upon the attention of the Legis- latuie in the two last Executive niessases, and therefore it must be the voice of the peo- pie. Sir, the Governor has recommended this measure upon his individual responsiblli- ty; he knows no more of the wishes of the people upon this subject, than we do; and not so much, for we mingle with our fellow -cit- zens more than the Governor, and hence we have a better opportunity ofascertaining their views and opinions.
 It will now be my duty to shew, that legal business is decreasing in this State; and if rhiS he trt,e the craation of thic na,u +.;I>,