Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1846-02-21
OF the Executive.

peace Of The State. There is but little danger
Of an abuse Of authority BY the Governor Of
State, and therefore he should be clothed with
ample authority. os' FRS, experiment, in State
Government. will probably be made rnder the
administration Of Governor Dodge upon whom
oil men Of all parties will unto as THE MAN to
hold the helm, when our new vessel Of State
shall be launched from the stocks. The
Governor ought to be elected for term long
enough, TO give effect to the measures OF his
administration. A term Of four years Is about
yjqh,. The veto power has been conferred and
after much experience, found salu,ary 10 most
Of the Stale constitutions. In this, as in other
matters, we have lille faith in innovations aud
experiments in government.
OF THE JUDICIARY.
We mex, consider the third division Of pow
er; viz: the power conferred upon Courts Of
law.
That the machinery Of law is cumbrous. and
expensivo--ihat IL often fails Of the due adj.
minisiraiion Of justice, is true. The a,mos-
phere of the common law, 10 that ia which we
were born and which we breathe from the
cradle 10 the coffin. Dor habits, our modes Of
thought, our notions Of right and wrong are
shaped and perhaps sometimes distorted by
H. II was fastened upon our infant republic
like q coat Of mail which then protected II,
but has now become too tight. so that the iron
enters into the soul The natural tendency Of
multiplying. judicial decisions for centuries. Is
10 multiply legal re6nemenis, legal sobiilIies
and legal technicali,ies. The process Of hair
splitting like a series of nfniiessimas has no
end. The people feel and know this fact, or
rather the results OF il; but neither the people,
nor tho wisest Of their legislators have been
sble 10 invent any better remedy than to try to
avoid lawsuits. Those who ,bink that law.
yers endeavor TO mako law an intricate laby.
rinih. do the profession gross Injustice. Tho
iniricacy Of law Is mainly owing to the i'm.
perfection and ambiguity Of human language;
10 the infinite diversity Of interests and rights
which law has TO protect and the fallibili,y Of
evidence. Tha, more simple, and economi.
cal system Of Jurisprudence may ye, be 10.
vented, we are not prepared to deny but we
do deny that tho man Is now living who can
overthrow the great frame work OF law now
existing In England and America, and build
Up another Of metz materials. which would no,
violate established rights and The principles of
sound reason. II is sheer quackery to pretend
IL. We must either have judges who will be
governed by law and the principles Of Justice
rs already known and established. or we must
submit TO the arbitrary rule Of our judges. and
have in fact nothing TO shield us from their uns
limited dcspoiism. In fact, law, imperiee, as
|, Is. is 80 near the perfection Of reason, tho,
when ils principles are once understood. they
cannot DO obltera,ed from the midland they
giH govern iis decisions. Annhilais reports,
decisions and authorities. and your Judges
would s,ill be governed by existing principles
Of law. II you select for Judges, men who are
ignorant Of established principles OF justice.
they will only be cropping In the dark to find
these same principles. Like blind Samson,
they would feel Cor tho pillars OF Justice
Would they not like him. overthrow the ten.
pie
The more ono studies this subject 10 all It's
bearings. the more difficulty ho will fod in
effeciing radical change. All possible plans
Tor arbitration orumpirage. 10 the end resolve
themselves into law suits. Awards, like ver-
diets and DEGREES. must be made up according
20 known methods Of investigation, established
principles OF right, and sound rules of evidence,
or they will never satisfy the reason and sense
Of mankind. The erea, inquiry will still be.
what Is the law and evidencei The agency
Of lawyers and a sctu,iniring Investigation of
the principles governing the case. will still be
requisite. condue, the uial rs you may; other
wise decisions must be purely arbitrary, and
li,igan,s might as well settle their differences
by crack lieu or dipping eoppsrs: and present.
iy every unprineipled seOundrel in the neigh.
borhood would challenge you TO determine BY
the game Of chance, whether you or he should
have your horse or your farm.