Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1846-11-28
EgeN0E'd
On the Organization and Functions
0fMe Judiciary.


and Functions Of the Judiciary, re-
port the following:
Sec. l. The court for the trial of
Iimpeachments shall be composed OF
the Senate and the judges of the Su-
Ipreme court, or the major part ofthem.
The House of Representatives shall
have the power of impeaching all civ
i'll officers of this state. for corrupt con-
duet in Office or for crimes and INSIDE
meanors; but a majority Of all the
members elected shall concur in an i'm
parchment. On the trial Of an i'm
parchment against the Governor, the
lieutenant governor shall not act as a
member of the court. No judicial Of
fcer shall exercise his office after he
shall have been impeached until his
acquittal. Before the trial of an i'm
parchment, the members of the court
shall take an oath or affirmation, truly
and impartially to try the impeach-
ment according to evidence, and no
person shall be convicted without the
concurrence of two-thirds OF the mem
bcrs esent. Judgment in cases Of
Impeachment shall not extend further
than to removal from Office, or reno
val from Office and disqualification to
hold any Office Of honor, profit or trust
under this state; but the party i'm
peached shall be liable to indictment,
trial aud punishment according to law.
Sec. 2. The judicial power of this
state, both as to matters of law and
equity, shall be vested in supreme
court, circyit courts, courts of probate,
and injnstices of the peace. The leg
islature may also vest such jurisdic-
ton as shall be deemed necessary, in
municipal courts; and shall have pow
err to organise and establish a separate
court or courts Of chancery, and when
established, provision shall be made
5v law for the election of a chancol-
lor, who shall exercise chancery pow
ers and Jurisdiction, and thereafter the
supreme and circuit courts shall not
exercise chancery powers, except IN
such manner and under such rcstric-
tons as shall be prescribed by law.
Sec 8. The supreme court, except
in cases otherwise provided by this
constitution. shall have appellate jnris-
dicton only, which shall be co-exten-
sive with the state; but in no case re-
moved to the supreme court shall a
trial by jury be allowed in said court.
The supreme court shall have gem
eral experimenting control over all in
fcrior courts; it shall have power to is
sue writs Of habcas corpus, mandamus,
prohibition, quo warranto, ccrtiorari
and other original remedial writs, and
TO hear and determine the same.
Sec. A. The supreme court shall
consist of one chief justice and two as
sociate justices, any two OF whom
shall constitute quorum, and the con-
currcncc Of two OF said judges shall be
necessary to decision. The judges
Of the supreme court shall be chosen
by the qualified electors Of the state,
and shall hold their Office for the term
OF six wears, and until their successors
are elected and qualified.
Sec. 5. The state shall be divided
into five judicial circuits, to be com
posed as follows: the first circuit shall
comprise the counties of Racine. Wal
worth, Rock, and Green; the second
circuit, the counties of Milwaukee,
Waukcsha, Jefferson, and Dane; the
third circuit, the counties of Washing
ton, Dodge, Columbia, Marquette,
Sauk, and Portage; the fourth circuit,
the counties Of Brown. Sheboygau,
Fon du Lac, Winnebago and Calumet;
and the fifth circuit shall comprise the
counties of Ia Fayctte, Montgomery,
Grant. Crawford and Richland.
Sec. 6. The legislature may alter,
increase or diminish the number OF cir
cults, making them as compact and
convenient as may be, and bounding
them By county lines; but no altera-
ton or diminuiion Of the number OF
circuits shall have the effect to remove
Judge from Office.
Sec. 7. For each circuit there
shall be a Judge chosen by the quail
fed electors therein who shall hold Of
fee for the term Of five years, and IN
.dl his successor shall be chosen and
qualified; and when elected he shall
reside in the circuit for which he was
elected.
Sec. S. The circuit courts shall
have original jurisdiction in all mat
lers civil and criminal, within tbs