THE AUSTIN PAPERS. 295 and disorganized, its intention and usefullness will be defeated and •destroyed, for Sir a well regulated and lest [least] exceptionable ju- diciary system is unquestionably the main pillar and department of that structure of jurisprudence and Government which is reared upon the constitution and consequently should that material part be defective the beauty the usefullness and indeed the permanency of the whole will be disfigured de;feated and endangered let us there- fore Sir approach this subject with reverence and give the most mature and attentive investigation before we decide The Bill now under consideration abolishes the present system of circuit Courts and imposes the whole judicial proceedings of the Territory upon the judges of the Superior Courts. The Circuit Courts have been established for about Three years sufficient time has been given to test their utility and to manifest their evils or ob- jectionable traits and the first question therefore _to investigate is whether experiance has proved that the present system is a good or a bad one and whether any change is necessary or no~· ..What Sir are the objections to the present system I had presumed Sir that the advocates of this Bill were convinced that material defects existed in the present system, that material alterations were necessary, and Sir I have listened with the utmost care and attention to hear those de- fects pointed out and listened I am compelled to say in vain, that the Circuit system is a good one the very advocates and fathers of this Bill have admitted by continueing that system in the one they have offered. The objection therefore is not against .the Circuit system and a single judge for in this Bill it is provided that a single Judge shall hold Circuit Courts-what then are the argu- :cnents in favour of this Bill-they are that the Sum of two thousand Dollars will be saved to the Territory and all the objects and ad- vantages of the present circuit system can be accomplished by the one now proposed-let us consider these arguments and first let us test the correctness of the proposition that all the advantages which flow from the present system will equally flow from the one now offerd- You are told that the Judge of the Superior Court can hold Circuit Courts as well as the present circuit court Judges-can administer Justice as well and can in fine bear upon their single shoulders the immense weight in the whole judicial and county Court proceedings of this Territory-Sir had I the strength I could as well shoulder this House and remove it as to do it by the agency of 500 Horses or yokes of oxen- I contend Sir that the burden would be too great for the superior Judges to bear. They could not devote that time care and attention to the duties of their office which would be required and also devote that time to study and the investigation of leual subjects which they ought to do and which they are in duty bo;nd
Powered by FlippingBook