The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-03-26

toiy of the ireinendous powers and responsi-
biliiies Of The judiciary, turned into flying K
express, and runninsa tilt sgainst-the wiad L
on trial Of speed; to day al Cleveland, OR |
the lake, hanging man by the neck till
doad, TO msrrow, at Cincinnati, consigning Z
some hapless wretch TO the ignominy and
horrom Of the poai,sntiasy, or ojectinga an UNI =
lucky suiior in that great city from home q
stead worth millions perhaps, on which he l
has spent the most valuable part Of life
TINA Nothing is equal oi,-axceptlt may 7,
be, the militsy exploits Of the great Fred
erck, Of whom il has been said, "yesterday
he was in the south giving battle 10 the Aus
,rsn; to-day in Ssxony or Silesia--instsAtly
be was found TO have trayerssd the elec!or-
ute, and was facing the Russian aud the
SNede, on his northern frontier. II you
looked ior bis place on the map, before you
had found il he had quilted it. Hs was al
ways marching, flying, falling back, wheeling,
attacking, defending, surprising. fighting
epcry where, and fghting all the time"
But have not done yet with the defects.
To avoid the consequences Of division |
among tho judges upon the circuit, and TO
secure something like uniformity and weight
10 their decisions, tho Legislature, some
years ago, devised an annual session Of all
the Judges; to vit: four at Columbus, to
compose what is called u CoURT IN BANK.
Nothing could illustrate and enforce ons-half
80 well, the utter inofficiency Of the system,
as 30 pal9y an sxPedlent The very evils
to be rsmedied are but made moro apparent
and worse. Four judges composing the
court, the same equality Of division may
arise, with this supsradded evil, that two
upon side instead Of one, stand arayed
against each other, while the unfortunate
ltiganis meantime after years Of litigation,
at the cost perhaps, Of half their fortunes,
are compelled al last, either to arbitra,e
their disputes, or to wait till the expiration
of,hs term ofservice Of one ofihe judges, or
porchance his death, or what is still less pro-
bablc, his ,esignatiou--fer few die and none
resian"--may afford chance for rehOarlng
Of the cause, and another division Of opinion
TO be Terminated, or protraetsd il maY be-
after tho same fashion.
Again: this court convsaes in the month
of December. So tha, ,hesa same judges,
after nine long months Of session as Sup
rene Court, aud Of fatigue and travel and
mental harassment, i" in journeyngs often, in
WEAKNESS and painfulness aud in watching!
often,'' arc hurried away in whirlwlnd O
judicial activity, to find themselves trans
formed suddenly into Court ia Bank, wid
one hundred and half as many eases more
TO st Just four weeks, for the purpose Of re
vising their owa decisions, made in the hurr!
Of their blood-stir;ng gallop through eighty
two counties in the course Of nine months
Thus, sir, after this long period ofjudiciul re
ronneitsring by this corps Of flying artillery
tho grand attack is ordered, mud the Who'll
citadel, outworks and all, Of accumulate
litigation, is to be carried by assault in tn
space of four weeks. But seriously, Nj
Speaker, fatgued and exhausted by their la
bors beyond endurance, the judges of th'
Supreme Court are convened at the yer
close Of these labors, and without r. ss,g..ent'
respite, TO begin the investigation Of hun
dred and fifty eases, cngelopsd amid mas
of written or printed arguments whose nun
bsr and bulk would almost put the blush @
infariosity upon the pondorous tones {
Thomas Aquinas, or any OF the schoolmsr
Now hsg to know, sir, if It be within til
limits Of possibility to obtain, in such con
diion of things, sueh decisions as alone be
come the oracles in the last resort, Of tn
laws Who that has spont moment in re
hecting upon the nature and effect Of judi
cinl adiudcatons, but must know that the
ought 10 be the work Of leisure and delber'
ten, and pronounced upon full knowlsdg
only, Of the law and the facis;-s;ace, if b
an unjust decision, my properly, my libc!t
or my life is taken away, the consequence
are none the less calamitous to me than
they had been brought about by the arm ,
dsspotism, or the power of the sword. Bt
upon the circuit there is neither time nor Of
portunity for the acquisition Of this know
ledge; aAd in Bank, the case is PerhaE
worse.
But the evil is two fold. The laws dc
lay" has long since passed into by-wer
and repfoach upon courts OF justice
o.hor times and countries. Here it a matte
of fnecessity-ordained in effect by tho vel
constitution of the state. Hitherto, sir,
have spoken as though the dispatch Of bus
ness BY the Supreme Court, even without
becoming consideration were physically POI
sihle. But what is the faci Betweo
> March and December--sometimes betwSe
April and December, as in the present yeI
this court sits in eighiy-,wo dfferel
counties extending throughout the entr
state. The number Of cases Oh tho dock,
in these counties is estimated at about thre
thousand. Now the number Of weeks III
court is usually in session upon the circuit
thiry-six; so that an average Of just abo,