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COURT OF KKItOltS.
MiLi.EnoF.vii i.F., Senate 0iiANini'.n, t
18/A November 1830. 1
11r..\u Sin—Ut'lii-ving llisit tin* vt'iV ahli ,
mill luminous s|>rrrli " ImcIi ' ml lit" •' i'l •' 'l'’'
livi riid, will i-x.-rnsen very strong mflui-ticc in
^living to |iul)!ico|miinn u oorn rt 'Hn-ciimi in
relation to the- csiiililisliiiiL-ni of a tiunt of
I'.rrnrs in tliis Stall—wo mpi'Clful'
copy of it for imlilicntion.
Wo nro ilenr tir,
M ali great n.ppcct anil < in in,
Your vrrv humlile si-mint.
JOHN I LOYD,
W. ILVNIELL,
S. llAULOAV,
\V. 11. SLUDGE,
n \Tirii. r. maybe,
11EM1Y HRANHAM,
LOTT AVARltEN,
LDAV \ 111) COM,,
AVAL E/,7, VHI),
!>. M'DOlKi \ 1,1),
AHS \l,<),M .1 \NES,
UKVEHLY ALLEN,
THOMAS STOCKS,
ANGUS M. I>. KING,
Tilt). MITCHELL.
Tlie Linn. I’i cimi p A. Ntmitzr,
Se.natue „j Woltui, coni)/’/.
Mii.i.ntoj.vii.i.r, 12itli i\'ov. I■-:$().
M :srs. .fuhn I'lnt/d, IT. ( ■ Dnnii II, S. liar
11Slcrig , .V. r. Sat/re, II. Titan-
hum, and others, (rent!, run of tin: Senate :
I linvc received your very Kim! anil flatter
ing ri-qnest, lorn copy of tin- spcr-i-lt I ileliv
i.‘reil in tin; Semite on the IStli inst. it|ion the
subject of a ( ourt ol Errors—V on are indul
gent enough to say, “lluit the |inlilieiition of
It uill exi'ieiso a strong uilluei ee i giving in
public, opinion, a col lect direction i relation
to the e-tnlrlishiucnt of a Court of Errors.”
It indeed it ran aid at all, in producing ntch
an i licet, I have no alternntive left, hut to
consent to its publication ;—I therefore, here
with hand you a copy, In la ving that its great
| charges of the .bulges of all the circuits of jeet iu its true light—A sanctity is thrown n-
l our 8late, of every name, and of every poli- | round our courts of justice, winch hides the
' tical coinpleetion. They sir, would seem to hideous deformity of their powers from the
I he the 1 i-t nisi, who would he presumed to he | sight—-From infancy to age, we nre taught to
I clamorous, for a tribunal for the correction of look upon our tribunals of justice, us sucri d
their own errors; yet sir, they have cried n-
loud and spared not. Look to the recoin*
niendations of your Governors, to the I’resent-
tm nis of your Grand Juries, to the written
opinions of our greatest and best men, and
-I, a ' look also, to the fire-side, talk of the people ;
' and v on ail see ample cvidences of the truth
of niv u.-sctf.oa. Sir, there is more opposi
tion in tin measure in the Legislature, tliun
among the people; we appear to be too
much afraid of the responsibility of erecting
this rihunal—If then Mr. President, there
corrupt the w hole or two nf them—one might eight independent ndmiuistralions of the law, |
operate as a check upon the whole. eight sets, if I may so speak, of ileetston
Mr. Piesidenl, are dtere inly instances in nit - I.timing tod exacting the right of ot
tliis State, of the abuse of the power of thc tlwg the practice ot tli. whole '-late.
is an alarum.g <
oar country, and the people ask a remedy a
our hands, is not this the time for action on
the part of the Legislature I
’1 lie Senator from the county of Lincoln,
unfriendly to this lull among other things,
because it proposes to alter the Constitution,
and he. is opposed to all ulternlinlis of the
( sioBlUulion. This or any other objection to
providing for a court of errors, tomes with a
had grace from a lawyer. Hat let us exam
ine it. The Constitution is not to he altered
hi cause it i- the <loiistiliition. la other words,
we are to live forever under the same Ciiii-
Mitutiiiii, he it good or had—no evil however
serious can lie remedied, no reform made, we
arc in plod on forever in the same dull circle.
Sir, 1 do not believe in this Constitutional
fatalism—this legal fill—this spell which
no power tem dissolve, I have yet to li'tirn
that lieeaose an evil is o Constitutional one,
it is therefore remediless—That a name,or
tune, or am thing else, can coosecrctc error.
Experience is the only true lest of Constitu
tion, d provisions—Experience lins proven
th.it our Constitution is defective. Henson &
good sense and good policy therefore, hid us
correct the deficiency. It istruesir, that the
Constitution is the chart of our liberty, lliure-
lluiigs, and partaking lit some degree of the
attribute of infallibility, nml hence it is that
the country is not alarmed and shocked at the
power we have placed iu the hands of our
Judges. Call the officer that presides over
out courts of justice, dictator, or King, mid
the people would rise at once and in tlm
strength of virtuous indignation, prostrate the
whole system ; and yet, sir, Dictators nod
Kings, have Imd less power lluit: we entrust
to our Judges, llut is turtle, that such nlaiili-
iug powers arc rested in the Judges ? In tic-
the judicial system oil lions of Trover, when property is in issue;
insufficiency will I
those who mny rend it.
Your obrdicnt t
owed iiuhdiTnlly by
mint,
E. A. Nf-
RET.
/1/e. Pnsidcid—
1 very elieeifully : eei p| the substitute,
offered by the Sepntor from Ilnticoi k. The
provisions of it me suhstmTmlly the same
with those ol th lufl I had the honor to re
port. I understand tin; object of that Sena
tor, in the substitute, now under considera
tion, to lie, to adjust in more clear mid intelli
gible form the provisions of the original hill,
nml te divide the 1st see. of tin Tl article of
the Constitution into sections. This ! eon
ceivo to he necessary. Athoogh, r, there
nre some variations in principle lieltveeii the
hill mid the substitute, yet the main, the im
portant principle is the same in both. The
object of the lull is to provide in the Consti
tution, for the organization liy law of a <'ourt
for the correction of Errors in law only.—
'Ibis also is the object of the substitute. I
beg the Senate to remark, that the lull does
not propose the establishment of it court of
errors and appeals, it proposes the establish
incut of a court for the correction of errors
iu law only. This is mi important distinc
tion. Objections arc justly urged against a
court of appeals, w hich do not and cannot
apply to a court of errors, I urn not myself
sir, mi advocate of a court of appeals, a court
for the correction of ertors in fact, of infe
rior Judicatories, attended w ith all the parade
nod pomp ami form nod delay mal costs of
a trial upon all the merits of a case. In such
courts juries are to he empanelled, witnesses
sworn and lawyers feed. Such courts in
Koine id the States of the Union, are the
means of delay and frequently of defeat to
the rights of parties litigant, The easts are
some times known to cover the I’l lintitr’s
cause ot aetiiui and to bankrupt defendants
iu the ihguiice. A right id' appeal to the
Supreme Court, might lie a denial of justice.
1 would not sir, remove the rights of tin- peo
ple so fur from them, that an uimodnomimt
becomes preferable to n prosecution of them.
.No such objection eao apply to the provis
ions ot this hill. No delay is contemplated
in tire tl e i'irnrr-stones, mid the deep foun
dations id' our Govnrnnin.ut. The Constitu
tion is the base upon which is erected our
bright, mid broad mid glorious political edi
fice. Hut sir, if the foundation is rotten is it
not better to examine it, tlinn to suffer the
eililiee to tumble down mid bury us nml our
rights in its ruins'! I mu unwilling to make
fmpieut changes in the fundnmcnlnl laws of
the land : for 1 hold that a had law which is
iinifnriu mid fixed, is preferable to n law, tin
provisions of which lire constantly varying
and shilling—Still w hen an evil becomes evi
dent nml almost intolerable, it is surely wise
to correct it at all hazards.
Another objection which is commonly urg
i d ngninst u court of errors, is the delay,
which is held necessarily incident to such a
conn. I believe sir, that no delay would at
tend tins court, other than such time as would
he necessary to lake up the ense, from the
Superior I 'ourt to the Supreme Court fordo
e.ision. It will he recollected that the ilccis-
sioo is upon points of law only—it cannot lie
fairly presumed, that these points should he
so numerous, or so complicated, or so vexed
in their nature, as to become hiirthcnsomc to
the court,—the point is at once to he presen
ted, mid the only mean nf delay, nt nil to lie
nntii'ip itcd is the argument of counsel. Be-
snli'n sir, if delay is in he anticipated, let
those who organize this court, let future Le
gislatures provide for the sitting of the court,
ns often and ns lung as the exigencies of bu
siness may require. Ihtt Mr. President I
need not labor to set aside this objection ; for
it is barred, estopped mid absolutely fore
closed by the amendment nf the honorable
Senator from Putnam. That amendment pro-
i idiog itt the Constitution, that nil cases cur
ried up In lin e the Supreme Court, shall he de
termined at or before the second term of the
court ; or abide by the decision of the court
liblow.
Again sir. it is objected to a court of er
rors that it will lie tlie menus of no absolute
denial of justice to many men, in ns much as
they will he iimthlf to pay tlie cost of taking
op their cases, or defending them when ta
ken up, licfnru it. The fallacy of this ob
j i tion lies in on error in fact; for it is not
true that u large bill of costs can grow out
ol the trial oT a case, entirely upon a ques
tion ol law. Costs accrue from fees paid to
in actions of Slander, when reputation is at
stake ; in indictments for crime, when per
son!.I Illicit} is jeoparded ; in prosecutions for
murder, upon which bang life mid death ;
the opinion of the Judge may coritroul the re
sult, mid niton, very often, does eontronl the
result, noil from such decision, so big with
consequences, there lies no appeal, but a t
appeal to the same Judge with the same pow
ers, am! his opinions I- rlifn-d mid strength
ened with all tlie aitl that self-love nod pride
of intelliect enn give to them. It is true that
eases tried to our courts, do depend in many
instances upon points of law, mul the decis
ion i f these points of law is left to the .1 idge,
from whose opinion there lies no appeal ;
then in all such instances, the interest of the
parties, whether nf life, of diameter, of lib
erty or property,depends upon the fiat of thi-
court. And, what sir, do you call this, bn'
unqualified, uninitligated, uuniingled, des
potism-—nml yet, Mr. President, gentlemen
will have no other tribunal to correct the er
r»rs mid restrain the powers of Inferior Judi
catories. Can you, sir, iu such cases rely up
on the legal wisdom of tin: Judge, as a protec
tion against wrong I The wisdom of Solo
mon was not perfect. Can you rclv upon
the virtue and honesty of the court I liaise,
sir, to the bench, intelligence, virtue, honor,
caution nod prudence ; mnl still your Judge
mny err, and his honest error may he the des
truction of ns honest n mini os lie is---Rot,
sir, reverse the picture, sav that the Judge of
the Superior Court, is violent in Ins passions,
selfish, sordid mid unprincipled—and to gin
these evil propensities of his nature their full
effect, give to him talents of lie highest or
der ; and what hope have you, for the rights
of the suitor. Ilis case would lieu hopeless
one indeed. Hallier, much rather, would I
live under the domittioii of Nicholas, than
the cruel tyranny *ff n republican officer like
this. It tony he said that such a mao is not
likely to he elected to the bench—True, sir,
hut such nil event is quite within the chapter
of possibilities And let it he remembered
that should such a Judge preside over the ml-
ministrntion of the laws, there lies no appeal
according to the present system, from Ins de
cisions. In this State it is true that tin powers
of the Court, have not been greatly abused,
yet that they have been abused none will
doubt, and that they may be wantonly and
court, to the injury of the rights of the peo
ple I shall i)iit say that there tuts, or that
there has not been. Hut, Sir, your histori
cal recollections will furnish you with one
instance at least it, Engl.md, of lie must prof
ligate judiciary tyranny. Want lias occur-
ed there may occur here, particularly simu
tin organization of the English Judiciary,
is much preferable to ours. Jeffries in I'.ng
laud, is a strong illustration, of tin danger to
be apprehended from judicial pnwu r. I
der his administration of the laws, iaun
ceuce had no protection, right no gunro te,
wrong no redressor. All ages, conditio..-,
powers nml authority yielded to a judicial
despotism, more horrible, than the Jacobi i-
cal terrors of Knbespierc. Among the evils
which grow out of the absence of a Sutir, me
court, may lie classed n tendency which the
present system hits to lower the standard of
judicial talent AA e lire not kkelt tofnnldis
tiugaished talents upon the bench, w u-n there
is no superior trihiiu ,1 to revise its proceedings
mu! hi so doing, to make public its enors.—
A want of talent in the court, occasion!) re-
missness, mid corresponding weakness in the
Imr and a weak court and weak liar, consti
tute on unsafe depository of the laws.
I have frequently heard it said Mr. Frost-
(iKOUUSA LEU3SLATIJKE
It then, Mr. Prrsuleut, you establish a
ourt, with powers to correct the errors ot
these eight tntnmms, to iuml them together,
mul to prescribe rules cnminnii to the w hole,
you provide the means of making our I iw -
iiniliiriii. simple and intelligible. Embodied
as the decisions of this court would he, into
i i ills of reports, they would soon rise to the
•ii.ir.-le.ti-! of uobeuittng rules to which ill
ail'erior judicatories would yield implicit nhe-
licnee. The charrtet, r of our judiciary would
i i-c, mul would no longer In* the scorn of the
-tales of the Union, the people would k ow
heir laws ; they would have confidence in
their judges ; they could know their rights ;
and would not resort to law, because of its
uoeei'tniuty, lieemis-' of the hoped lor huts to
their favor of the Judge, because of lib' post-
bilny o,‘ lus corruption ; or because they
might expect so aetlnog from the political
name, or party zeal of th- court. It, sir,
' tlie principle lie correct, that litigation, de
creases to proportion to the uniformity mid
settled clinrueter of the laws, mol if it
th it a court of errors will make uniform mid
permanent the decisions ol’ nor courts, no
settle u practice, which will he nine nliliga-
i ton upon all the circuits ; it follows ns a ne
cessary consequence; that the est ildislnmmt
dent, th.'it it 8upreini'eourl, would have a ten- of the court eoiitemplub d to th s lull, will
lency to incieitse litigation mid that it is ue
signed for the benefit of the bar. The mo
le
o tin ling itinn of the colt trv.
Mr. President, it is s ml in r> ply to tin s.
cation of the lnwver, is with many men a reasons lorticotir of errors, tlmt th
grnceh-ss calling. It is true that they live by necessity for it, u as much as our Judges d ir.-
the misfwitlb its of others it ssanl '.Ini' they not abuse lln ir pown rs, or net in had f ull,
ratten upon the groans and agonies of tlnur or in any wav injure the rights of the people
fellow-men: vet -1 r, I do not know that they
cause the misfortunes, or oeensto t the groans
of the community. Unit how does a court ol
errors inerease litigation 1 If, sit, I wine to
legislate for the hem fit of tlie profession by
increasing the number and the tedinu
cases, I u'liuhl legislate this lull out
Senate. Sir, I state it as niv firm convic
tion, upon the responsibility of 111•- oatn 1
have taken at tour table, that a court of er
rors, organized upon proper principles would
greatly lessen the litigation nf the country.
In proportion as the lows of the l.nul, are
uniform, permanent and known, litigation
wall decrease—mil in proportion ns it i flttc-
tiiaiing, variei t ami obscure, litigation will
increase Now su, in this Suite, is the law inli-
form I I ai.site
— Isl
w ithmit efficacy. I f the
error of the head, the reply a-
hecanst they are -iibj ct to impeach
ment. A’ s, sir, they nre subject to impeach
incut, h it this liahiiitv, is a iinmucd check
only. The In-torv of our own and otliin
States, proves to us 111 it, inpcuchmimt, is
!)ss of hut a name
f the charged he t
mice is, the motive is good, and wit
turn out n judge, for lining the best be is e i-
pald of doing. It the net charged he -or-
rnpt, who will prove it so or liotv many Ii -
line it so when proven. The trihu ml for
tl'i 'lsof impeachment is the body that elec's,
and party feeling, or private attachments, nr
self love, or tlie i: llueiice of the eniil'l, nr
th differ nee of tin people, to the subject;
ora tlioo-aml other considerations, will ere
It is true that the com- ate lor the judge friends ennui*It to prevent his
limn law nf Ivigl ml, mid the statutes of 1 lit-
State, are law ll over the State, but the de
cisions of our courts, arising under these
laws are as numerous ns niv the judicial cir
cuits. AVIint is law in the Oakinulgee, cir
on it may not he law in the Northern circuit—
and the decisio is of two circuits arc not law
in a third. Now, sir, each circuit Ims its prac
tice, its decisions, which are obligatory Ml
the circuit oi Iv, where they me inudc. Each
Judge is independent within Ids own district.
Hence it is, sir, tlmt when n client asks lin
kin'upon a given statement of facts, a ilcfi- do.
nitc answer frequently emilint be had ; Ii
removal —till. Il-'cause the constitution anil
laws of the la ul guarantee, tin light of trial
by jure, —the juri iu civil cases a'e judge-,
of tact and in crimi nal eases both of the
law and the fact, and Im refore the trial In
wickedly exerted, is equally true. And ex- is told that such is the law to one circuit and
such it is in mint her, nr thus mill so, stands
the law in ti llerd The consequence is ihc
dieiit goes to
and litlh- or no costs m e expected to lie incur- I officers of court, from the taking of lestimo-
jcil by the establishment of a tribunal, for "V by commission, the suhpccitaing of wit-
nf i titer i- i nesses, the e in pa ml hug of juries mill the loss
the correctj.
m ol errors in la
r jurisdiction, 'i he milliner of nrg mi/iog! ot time and trouble and vexation of parties,
in preparing their cases for trial. Hut sir,
it the court is organized an it should bo, ma
ne, nay almost all of these items o' cost, will
he dispensed with. AVe propose sir, no jury,
no parade of testimony, no protracted pre
paration, no marshalling of council : our ob
ject is to have the decision of the court he
this court is left to the wisdom of future Le
gislatures. The number of Judges, tlioteti-
uro of their office, their mode of olcrlion,
their compensation mid tlm details of the
mode of operation are nil to bo settled by
law. This lull sir, only aims at such an al
teration of the I -t section of the .'Ll article of
the (. o list 11 tit ion ol Georgia, ns to permit the l""'- exceptnl to, by the counsel of tlm ilis-
ctioo ol tt court
Mr. President—1.iin w ell aware, that then-1 !>’
has long existed lit this eouitti \, a strong and S'
uiicouipronii.-ing opposition to a colt it of er- j *■'
rors. It Iris been looked upon ns tt thing to
In- dre.nh'o, o ii.iinu of terror; it tribunal
"■♦tab would, w ith remorseless voracity,cat
up tlie rights and liberties of the country.
This opposition is non confined to the least
informed portion of our fellow citizens. A-
K«i» sir, some of the purest of our politicians,
and lawyers, have resisted the organiz.ution
of such a court up.-.i principle'. To such tve
arc disposed to ntlrileile honest moth Q8| 11',i!
miserably erroneous views of w hat i- neces
sary to the host interest of our eon it tv. We
sati-fied p uty, and the case briefly and I'air-
rtilieil to the court above. Tlm cost of
suet, pirn ediii'c cannot lie great. AVe nre all
sir, t innli.tr with tlie practice under our laws
ol certiorary ing the proceedings of our magis
trates . courts— AVo know the process to be
simple, speedy ami cheap—AVIty sir, should
it cost a great deal more to certiorari tlm pro
ceedings o] our Superior Courts in some sort
after a .similar mode ; or sir, after a mode still
Metro simple. I believe sir, tlmt the cost of
a final hearing hr loro ibis Siipronlu Court,
need not amount to more than the poorest
eitj/.en would he tthle to pay, cither in assert
ing or defending bis rights.
According to the judiciary system of the
nro all Mr, prnuo to UT—Sumotimcs from! Statu of (Senrpin, alter all the iulvanta^o of
\ve:ikiH >s o| judgment, sometimes from tin*' appe il mul newtri.il nflnnled by the laws;
tore j ol toiliit one! early impre>sious, some- ! the rights of the people, depend upon the
tones Imm the excitement of the passions, 'opinions of the .Iiulgos of our Superior Court,
anil I regret to sav, that some of us do often Sir, tlm life ami character and persons and
rr tmm the corruption and depravity of our property of our citizens, arc tit the disposal
hearts. 1 pna the subject before the S ,
there have been ninny errors afloat ia our
country, nttd against a court of errors there
hate In-on prejudices, hard, unyielding nml
bitter. Hat, Mr. President, th" time has at
1 etigth armO I w hen tliese prejudtci s are -be
ing way, to the force, tlm resistless energy of
truth. I take it upon tiiysi If, sir, it; tov place
to say, subject to the correction of any ca
nt oat- mail, and that one, however distin
guished fi>r virtue and exalted by intelligence,
is hut a matt, mi erring son of Adam ; w ith
.V! the imp "I'fi-etums and frailties that llesh is
heir to. The extraordinary powers of the
Judges of our courts, i; un evil, too palpable
rot to he seen—It L un nlnrt iiog, u erviug
erted without the fear of punishment, or even
nf exposure. Sir, if every weak, or passion
ate, or corrupt dreision affecting vitally the
rights of parties, were revealed arid sore.!,',
out to the view of tlm world; tlmrc would he
afforded it prnetir.nl comnmi-tury upon our sys
tem, which would speak volumes against it.
In this country, Mr President, there are
many circumstances, which may operate up-
nu the court to cnntrnul its decisions. In a
calm and virtuous community little is to he
feared from an honest Judge. But, sir, your
community cannot he always peaceful and
quiet, it has the elements of commotion mid
strife within it. You know, sir, that these
Judges are elected by short intervals by the
Legislature, and this frequent dependence for
office, upon the Legislature, will very natural
ly incline them, even in their official capa
city, to use those means necessary to retain
office. AVenltli and influenco is to he con
ciliated and power and patronage propitiated.
Taken ns they most generally are from tin-
public men nf the day, tlm Judges of our
courts, are not only lawyers, but also politi
cians, and not only politicians, but often par
Itsnns In all popular governments parties
do and will exist, men will differ either as to
men or measures, or both ; nail no where are
party distinctions so clearly mid distinctly
marked ns in the Legislature, nod this arena,
for pnrty warfare, is tlm power that creates
the Judge. There nro no feelings which be
long to nor nature, more violent, than those
which grow out of political dissections, un
less, perhaps, those which are engendered by
religious differences. The Judge the com
ing from a party, created most generally by
a party, and dependant for tlm tenure of his
ofiico upon a party, must he more or less than
human, to he independent of party blasts
nnd party predilections; and involuntarily
the correctness of tlm Judge, mat he warped,
by the feelings or the interests of tlm politi-1 ninlbpli.-d r. iatioiis ot civilize, d life,
clan. I am not tobu unilcrstooil, sir, as nj>- Utopian ilreuni. ii
iirv afT'irds a MifFieient eliecU upon the e u '
—that th* rights "f parlies are passed upon
hy the jiirv, mi l however'•••rrupt the court
m iv, h , the redeeming and eoutrading pow
er rest* w th the jury. IVo man, Mr. IVen
dent, * Minns more highly, or appreciates
more justly the right of trial hv jury than I
It is indeed the palladium of our Idler
ties, the corner stone ol our grand political
areli, Notwithstanding, it is not a certain
cure or preventive of the ills I eompl.im of,
and the reason is, it is within the power ol
resting his hop s of are- the court to coutroul the verdict of the jury
eoverv,io the glorious uncertainty »f the law. j or to di feat its ••(IVct The co fi leace gen-
Are then the laws ot Georgia fix d ? Cer- j erally of our juries in the court is implicit
tainlv not. There is throughout the State, a I and how often —how very often, is the verdict
constitutional building up and tearing down, of thejnrv made to depend upon the charge
deciding & repealing, doiu„ & undoing. I may of the court
safely say that m the State of Georgia, there | Tin- court, sir, claims and justly too, the
can not he any permanency n» that part of prerogative of determining under the law,
our law called the practice of the courts —or
sii, the common or e.uslomurv law of the I shall he withheld. .
State ; if indeed we may he said to h ve any. I withhold or admit testimony, accor
No practice can certainly remain the same,] Ins wishes .is to the result, liut.s-r, s
longer than the administration of one Ju tge
and may not remain that long, for no Judg
I believe feels himself hound to adhere lie
cessurily to his own decisions. Now Mr
Pi 'esideut if our laws are neither uniform,! troul the verdict
nor fixed, how is it possible for them to lie j new trials. The
known ? The bar can not know them, much ids throughout ill time, and thus forever It
less the people. Littigation, sir, is the result partu s out of their rights,
of all this uncertainty and obscurity Wei \nd thir l, because public sentiment, wd
know our rights only, by knowing the lawsj r« strain the court Iro n crime at least, i no
hat evidence shall gn to th< jurv, and what
M ight not a corrupt court
onliug to
suppose
the court admits all legal testuno y and none
t-* other and suppose that the stern virtue and
•| intelligence of the jnrv is proof against the
I largo of the court ; the court may y* I coo
lly Us pow r of granting
court mav, grant new tri-
•ep
which prescribe and protect them ; we ha
ideas of such crimes as are “ mal » probibita,' 1
from error : that public sentiment is virtu
ous and no court will act counter to the 'air
ily by the penalty imposed. So long then rent of public opinion.
as there is uncertainty tu the law*, there will In iln«
he found men, suitors in our courts, for no: opinion i
other reason than because they are uncertain
. I inn *
tr. let tli
•ouutry more particularly, public
gine of prodig «»us strength ;
*ci»nte r» collect that it is an
Now, sir, the question is put, would your "• , v, l •> well is go d.
court of errors create more unilb miry in the Public opinion may he corrupt d, or vitia-
luwft *f Georgia and thereby h--s •. litigation ! led or misdirected— or sir, circumsM- c< sin iy
In order to answi r this Inquiry, I must isk produce, a state of public, opinion a d puli
the indulgence of the Senate, whilst I call ts I".’ feeli i* the result* nf winch may aid and
attention to some dungs preliminary. | i ,)| punish the corruption of a court.
Prom the days of Moses to the present
time, there has not existed a It gislalor, so
wise, ns to frame a law, or a rule, winch
would he competent to the decision of everv
ease that r # :ht occur. Such a thing as a
code of laws which would embrace i remedy
for the numerous ills that spring IV ni the
plying these remarks to any past, nr present,
or anticipated state of tilings in Georgia;
i am speaking of these tilings in the abstract.
I mi not sure, sir, that political parties in oar
country, free from excesses and extravagan
ces, are not necessary to the health of the bo
dy politic Hut the courts of justic
contend, should be so organised, as to h<
far removed from party influences as possible,
and it seems to me that a Supreme Court
ought to exist in order to correct th<
i pi a 11 dream. Ilad you, sir, the wisdom
id* all ages, •oacentrated in one mind, that
mind would he too weak, to frame such at
code, (i is a thing utterly impracticable.—
Thus, sir, m PuglaTid, her thousand statute*,
and the mi' umbered provisions of her com
mon law, are not adequate to the wants ofi
l ‘1°; the people. The common law of Great Hri-
taiu, is now a huge mass. This stream of 'e j
gal lore, springing far hack in the muuntainsi
of antiquity, has fiowed down to the present!
irors day, widening, deepening iV strengthen! -g in
.a tho *.i|!.-ri.!r Courts, wltii h might grow ,ts‘,-..t,rs<- ; ami v.-t, su-, tlure is not tt stitmg
out of the party iltsscatinns of tho il.iy.. Ami „f t |,c oourt which .•lo.snoi . . . I-.,.,- snm.-
this court sltotiltl he, nod tf this lull qass.-s, I h.lli.-rto liul tot. orincq.l.- of law. I.- tin
think wtll he so organise.!, as to stniul aloof, ahs.'uw of it known nth-, whim a i-asu oc
troi,. these influences — It slmul.l he n trihu- c „ r8 fi, r ,|„. ,|,.eisinn of the court, .1- <1 bv
we 1 i i
hind
tleman, that the [in'' lie mini is now tilth n- five I
upon this measure Public opinion is oo.-n-
Iv, avowedly in favor of a court of orro, ,.
Tho well iiiforinedhave seen ami f It the it
ecssi'v of reform in our Jiuliciarv, the p< ).
pit* arc alive to tins necessity ; and arc utt-
willmg longer to live uikI.t the operation of
u system w hich mocks them with the sent •
Izlunoeof rijjltt, whilst it curses litem with the 1
very essence of wrong. Let us think ami
ttel ts we in iv upon tliis sukje, ', o;:e tLi)
"" may l„' assured of and it i-, that tho i t- j
tclim-ttoe, and th toharneU id t’ • I n
amount, of t!„. constituency of Gem--n J
Cinh'-i- bit' Mioli rcmrtn n< this hill cootec- '
plates. Lt nmol', v fi,
Tin-jn lici t! j
ct, Wi
tie
partment is the most c.xecu-
muh i i the Government under which
Sir, ours is a country of laws, a
I ‘ qua! rights, the very home of jus-
t-t'c. \\ v hoasfnf our republicanism, of our
abhorrence oppressmu, despotism i» our
e.Aci-'nu, a:..I \et *«r, iu the verv bosom of
' -ir mmiiuaity then* lives a power, sanction
ed hv the lav *, i> hi re mbitrary than that which
wit.did l>y the King of Grunt Hritnin.
trj u lur heaven claiming
t«i ■ i . e, w ! i r * tlierc i< so much power, uu-
n-r vt slid iu judicial officers ns
! hi c-tgi-i, 't'his sir, mav hi
language, Ml it is not strong
• occasion or the subject. M »•
L ’ • V ■* ’ td ; I'l'.'Mg <»♦
iii t !»/• State
enough fir lit
■ ct.t
t-t
aualngous prim iph-s and aided by all t!i-
powers of reason, the judge must pronounce
nu opinion, w hich not only controls the pre
sent ease, but being preserved upon record,
in ilu ir legal reports, jovi ru all cases of si-
• milar character, in this way, *ir. much of
r.nghsh law has been made. Th • derision
#, f the highert trdmnal m the country, having j:.,, v ,l '
aerated the dr
nal liigli and lifted up, composed not of cue
man, but several, remarkable for age and wis
dom, nnd free from the involvements of poli
tics, and the tenure of whose office should not
depend upon popular whim, or legislative
caprice.
I need not say, Mr. President, that' the court
should be free from bribery, nor need I m-
lorm tlie Senate, that such a tiling as a bnb- 'jurisdiction over tin whole realm, g v
cd Judge, might possibly occur even in Geor- the force and effect of law ; and Iu
gia. One man might be bribed and the re
sult might hr your life, or my character; would
it not be wise, to provide for defeating the ef
fects of such bribery ? It may be said that the
Judges of the Supreme Court, would be as
likely to hi bought as tho Judge of the Su
perior Court. I think not, sir; you would
ha nlly find an instance, of two tribunals be
ing corrupted in the same way, by the sain
party, and with the same view. Vgaiu, *ir,
it is easier to Imbe one man than two—om
may he a knave and the other an honest man.
Again, sir, this Supreme Court will be, oi
should be, constituted of three Judges at least,
and vou vm!! !:u m v fr«d •> jv::ct cable to
Tho " 4 erts of free government, and
high tone I moral sentiment, have made the
couimu my m w hich w live, virtuous and
happv, and he who is dishonest as a judge or
corrupt as a states i an can not long sustain
himself iu ns confid. nee. Ilow long this
stale of thing* will continue none can tell.
This comiiiu itv, nav sir, all such eninuni
ties, resemble, to my mind, the ocean iu Us
shi -In r. Kxpanded, deep, smo lh&qu et;
it would se* in, to the contemplative mind,
made hat to relb* tin iis pehicnl bosom, the
beauties n• <l glories of the upper wnrld. —
s uddeii and anon the thunder is heard to
mutter, the clouds gather hlaekness,the light-
mugs flash, the tempest rages ; a <1 ocean
froili hi* deep foundation? heaving, Hvvdliog.
chafing, i"d rolling: bear* dow t in iis resist-
Icks fury, ihe proudest ship that rides the
u aVeB.
I'rinee, sir, iu the duvs of her ma lnes
afibrds *ni 'lluslratioii of the e\ -s to wliieli,
public feeling can run, guided bv public
"pimbn, when the bibb* ami the ehureh,
the gnv< ruor and the goviu’tied, the in .gis-
tracy and the laws, the throne and the altar,
were all | rostrated before the violence, of an
infiin it* d mol)
Id KAMI Cnii"tv, tieorgia-
; to It ;
t 1 111)'
l-unl lltn.l, :
iHOC u it ll tt I
and usage liai
does lu-comi law.
Ih re as well as elsewbete, the laws are
not so specific ns to apply to every case that
that may occur. Here, also, the decisions
nf the courts have to supply tins deficiency.
Hut sir, uud« r our p i .* nt *y*ten», having
no head, no court with pawns to extend the
influence of its decisions over the whole
State, we can have no de* sum* wh eh enn
el iim ami have the force and i fleet nf gene
ral rul; s. I -steml of om* high ami perma
nent tribunal, which should g ve toi-e and i.«-1>
character and consistency to tho wind ?
tem.jYc have eight independent tribun
nir««*cl tin
1 tlir
-•till lit) i I
of Inml.nm! « In.
-Court f
.'fi «•*! that wmin
II I Ilf Till (liuriri
'-'PI I l»> him lo ll
of Inml, :ind a Ith
I'll m t :
.1 illy, |u*j,ni
of <nhl hoii'l,
«'il Un- s iitl lt-.iul
t-> III" * mtrary. ■>
month I r tUrei* r.t
Xfirripurv r
n l(Of T (vllT to J
h* MU) ina.n iio-p.1 tin-
OHCA I* K •„). h! Cirri:,;
I)
in m:nait;.
I'uvsday % A or r ruber ‘JJj.
Mr. Woottnii from tlie comiiiiliee on the
luthciary, iinnle a report on the claim of C.
i Hir- h forhuiblingthe addition to the State
t louse, &c
Several lulls were read the second (line.
'file bill to reduce an 1 fix the salaries and
fees of the public officers of tliis Statu, wad
rejected.
The Senate spent some time, in committee
of the w lmle, on the hill to regulate the ap
pointment of commissioner* of pilotage for
lie* port of Savannah, the licensing of pilots
for said port &c.
\ hill w ts passed for the relief of George
M'llcn, from the operation of the duelling
law—yens 8.5, nays 2S.
\ bill w * passed authorising the raising
of $.5000 by lottei v, to he appropriated to
the repair of the streets of Milk tlgevdle, &.c,
A lull was passed to make null and void
all contracts entered into between parties
plaiuttft* and defendant, and attorney orat-
tomevs at law, where the attorney nr attor-
tets shall fad or tiegl et !o utte d in per*oir
to the suit which lie or they cvntruclcd to 4<>,
until tin rendition of a judgment.
Wahirs.lay, Aovimber
The Senate reconsidered th«* vote of 4cs-
terdnv on the passage of the lull reudnring
mil 1 and void, all cutraets entered into be
tween parties plaiiuift* auiNlelVirlaiit.,*&c.
Mr. Dnnicll, ofCl.nthani, introduced in-
stantera lull to require the commissioners of
pilotage of S-ivaimah, to restore Joliu Low©
to til the riglits of a pilot
M . fxijns gave notice that lie wil more
for tlm nppoii Uncut ol a joint cornu «t»ee to
pre are and report a bill to make uniform
h s' vend laws of this State regulating geii-
er d election- held at the several district elec
tion grounds n this State.
The senate spent sometime on the bill for
tin* relief of purchasers of frucfio"s, reserves,
and town lots, purcha*ed iu ami 1S29
nd on tin bill to pr wide for inking tire cen
sus of tIns St ite.
Mr. /Vr/tr, of Habersham, from tlie joint
committee to enquire, and if praeiic hle, as-
ci rhiin ihe person who gave in lie illegal
votes at the late election of judge of the Oc-
mulgee Circuit, made the following report,
wh eh was re al and agreed to:
That tliev have had the matter referred to
them, under consideration, and with one ex
ception, have sworn the clerks and members
of each braneh of the General Assembly, in
relation to the subject matter of inquiry.—
In the exercise of this duty, your committee
h ive not arrogated to themselves the right of
examining the persons sworn ns to their own
guilt or innocence, but only ns to their knowl
edge of the acts of others fbe person who
has not been sworn b* fore your committee, is
Nohl • II. Hardee, Esq. one of the represen
tatives from the county of Camden, who has
refused to take the oath before your commit
tee, further than as respected his own acts,
apart from his knowledge of the acts or ad
missions of other persons, acknowledging at
tin* same time, that he was in p issessioii of
knowledge in relation to the person who gave
in said votes, lint insisted that this informa
tion was imparted to him in confidence and
entitled to the protection extended to consul
tations between c* unsel nnd client, lie being a
regularly licensed attorney at law. Your com
mittee did not feel themselves authorised to
administer an natli to Mr. Hardee, with the
qti lification desired hv him ; ami having re
ported his reasons for refusing to be sworn to
the House o' Representatives, mid having
to the best of their abilities discharged the
Union required of them, your committee ask
tube discharged from the further considera
tion of the subject mutter submitted to their
investigation.
STATE BANK.
The Senate agreed to the following report
on the Bank of the State of Georgia:
The *ituation of said hank presents a flat
ten g mul prosperous condition, and war
rants your committee iu saying, she is sound,
and deserves, and merits the full and entire
confidence of the State. Your committee
deem it tiunt eessary, in this report, to set
forth, her actual condition in figures, hut will
content themselves with saying, flint her spe
cie on hand, is equal toauv run that can at
i ' time he made on her, in the ordinary
course of ha king and commercial transac
tions. They therefore recommend the adop
tion of ihe following resolution :
Resolved, That the Bank of the State of
Georgia presents a sound and wholesome
condition, .lad that its past management aIo*
serves fully the confidence of the people.
Thursday, Xaneinber 45.
CENTRAL BANK.
Mr. I>ranham, Iiom the Committee oi^
Banks, made reports on the Ceu-tral Bank
and ihe l» i k of Augusta, which were read
and im d in, as follows :
T - join < • mmiitee on hanks, to whom
was re h annual n port of the Central
Bu .l., o e fully report, that they have
made a i ut<* and a full examination into
the alia-is of that institution. In tlie dis
charge of ho u v uni' h time has been ne
cessarily *• ii*u cd, to enable your committee
t<> *r t th iff if know from actual observa-
/inti, what is the condition of the Central
Bank. Ali the evidences of debt to tbc Bank,
of whatever kin », have been carefully exam
ine I, and were found to correspond with the
st ;»• m- ut* ontaiued i i the annual report,
a < exhih t d by document A. The bills of
oilier banks owned by tlie Central Bank,
were coinite , a *d found to be correctly sta
te.! i t‘ e report referred to your committee.—
ills *>f the Central Bank on band were
d ills •, and the amount aeeords with
feme t in the annual report. Tho
w as .iis.i asc« rtmned to correspond
eja uut reported Your committee,
pro* eu!ion of the duty assigned to
ml 1 at the Directors of the Central
av estraineil their issues within the
s sh"d hv their charter, that they
i str 1 Kited their discounts to the several
of tin Stall , agreeably to law, and
discounts to the various persons hnvo
n c t ceded tlit sum permitted to he loan
ed to iodiv idtml
Tin* learuess, precision and accuracy ev
il" wh re m »iu'V.*ted m the management of
tli B k, give strong assurances, which are
well fo tified bv the character of the direc
tors n d officers of the Institution, that it
aviIII) as P lias been so administered as to
afford to the “Mute essential serv ee iu the col-
b ct inn of ‘chi* due to her, and a fair profit
upon her investments, fit flu same time that
tin re aa ill he extended to her citizens all the
benefits tiiat can result from a fair cJUtribti-
TIh
coil
the .*«
sp e
wdh
in th.
them,
Hank
limits
have i
eoillltl
t : t th