The Illinois free trader. (Ottawa, Ill.) 1840-1841, 1841-02-12

Jackson, VIM. q. HIVES, Richard NJ
Johnson, Daniel Webster, Thomas III.
Benton, the late Gov. Edwards, Elias X j..
Kane, Daniel p. Cook, and John Mclean
of Illinois, and host OF others of the most
! llustriOus statesmen i'll Amerca.-Among
its chief merits and eXcellencies is that of
perfect uniformity in decisions and the adj
minstraton of justice which it will neces-
sarily produce. A want of this uniformi-
ty, in fact, perfect contrariety of deci-
sions, is one OF the great evils in the old
system.
We cannot close this article without
noticing some of the many misrcpresen-
tations of this bill sent afloat among the
people by the Wing party, for the pur
pose of raising prejudice against the
Democratic party for passing it. - In
some counties they have represented that
it proposed to dispense with the circuit
courts entirely and impose the duties and
powers Of these courts on the county
commissioners courts in other counties
they have pretended that only one court
a year was to be held, and i'll other coun-
ties they have told other stories equally
false and ridiculous. They know per-
fcctly well that under this bill circuit
courts are to be held in every county in
the State at least twice year, in the same
manner, with the same powers, and I'M
der the same laws and rules as was the
case under the old system, with this So
litary exception, that under this bill the
Judge of the circuit court is to have
seat on the Supreme Bench and be a
member of that court also. In other
words, the Judges of the Supreme Court
are no longer to be idle drones, wander
ing about our streets doing nothing, and
receiving q salary of fifteen hundred dol
lars per annum but will be required 10
earn their salary by doing circuit duties
as the circuit Judges now do. Whilst
we thus obtain more perfect Judicial
system, produce uniformity of decisions,
require the Judges TO attend to their du-
ties, and thus become more familiar with
the laws, will reduce the expenses of the
Judiciary system fifteen hundred dollars
per annum below that of the old system.
Such is but a brief outline of the princ-
pies, objects, and results of the Judiciary
bill which has passed both branches Of
the General Assembly and of which the
following is copy:
A BILL for an Act recognizing the Judiciary of
the State of Illinois.
Sec. l. Be IL enacted By the people Of The Siate
Of Illinois, represented IN the General Assem6iy.
That "an act establishing circuit court north of
the Illinois river" approved January sth, 1929 :;
also, San act to establish uniform mode Of hold
ing circuit courts" approved January 7h 1885
also, "an act dividing the state into judicial cir
cults approved January l7th, 1885; also, San
act forming an additional judicial circuit" APP
proved February 4th, 1885, also, san act divid-
ing the state into judicial circuits, approved Fc-
bruary 3D. 1888; and, also, all other acts and
parts of acts, establishing circuit courts and a,l-
thorizing tho election of circuit judges in this
state. be- and the same are hereby, repealed
Sec. 2. There shall be appointed by joint bal
lot of both branches of the General Assembly at
the present session thereof five additional justices
of the supreme court, who, i'll connection with the
chief juctice and present associate justices, shall
constitute the supreme court of the state of Hi
nos.
Sec 3. The state shall be divided into nine iu-
dicial circuits, and the aforesaid chief Justice and
eight associate justices shall perform circuit duties
in said circuits, in such manner and at such times
as shall be provided by law, and shall possess the
same powers and jurisdiction, and be governed by
the same rules, regulations, and restrictions that
are now applicable to the present circuit courts of
this state.
Sec. 4. This act shall be construed to continue
over TO the circuit courts created by this act all
cases. suits, writs, recognizances, process and
proceedings of every description and kind pend
ing at the passage of this act in the circuit courts
hereby repealed, with full power and authority in
the courts so created, to proceed to hear and de-
termnc and have cogni2ancc of all such causes,
suits, writs recognizanecs, process and proceed
ings i'll the same manner the said repealed circuit
courts could have done, had no change in said
courts taken place all writs, process, and recog-
nzances which shall be issued or taken, reurna-
bic to, or for appearance in the circuit courts Of
this state before the statutes passed at the present
session of the General Assembly, shall be printed
shall be considered rcturnabe to, and for appear
ancc in the courts created by this act.
The Bill passed the House by the following
vote:
YEAS--NIessrs. Baldwin, Barnett, Bentley,
Bissell, Carpenter, Cavalry, Courtright, Grain,
Dodge, Dolns, Dunlap, English Green, Han
kins, Humphrey, Kelly, Kitchcll, Laughlin, Les
ter, Logan, M'Cernand, MCmrkcn, M'Donald,
M'Ginnis, Marshall Moore, Murphy of Cook,
Murphy of Perry, Odam Odds, Oliver, Ormsbee,
Parsons, Peck, Prentice, Ross, Scott, Shepley.
Trumbull, Turney, Wheeler, White, Wilson,
Wood, and Spcaker-45.
NAYS-Mcssrs Able, Archer, Bailey, Beall
Bennett, Blackman Bradford, Brown of Sanga-
mo- Brown of Vermilon, Canady, Charles, Cox,
Cunningham, Darnielle, Denny, Dougherty,
Drummond, Edwards, Emmcrson, Francis, Fro