The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-18

three Judges OF the supreme court there, all
think differently, has often happened, the
case eau neither be reversed nor affirmed:
but must wait for new election, to see
whether judge can be got, who will agree
with one of the others.
Sections 10 and II, Art. ) and the 10Th
Section of the Schedule make vacancy i'll
the office of one Of the supreme judges for
nearly a whole year, every third year; the
first vacancy is to be in 1852; the second in
1855, and the third in 1853; during which
years, there is TO be but two supreme Judges,
and no supreme court. For the I'd Sec. Of
the 9th Art. declares that trO Of the three
judges shall form quorum, from which it
appears that there can be no quorum unless
there are three. Read and compare these
sections and see if this is not all true. The
18th Sec, Art. 8, abolishes the Office of re.
corder, and confers his duties upon the coun-
ty clerks, and provides that the legislature
may change it 10 the circuit clerks. There
is no good reason for this. In at least one
half the counties, there is enough recording
10 furnish employment for one man; but It
is given TO the county clerks, that they may
farm it out TO deputies, and make profit on
other mems labor. This ought not to be.
If the labor of any one is necessary for the
public he ought, in common justice, to re-
ceive all the profits himself. 1.-THE elections
of county clerks do not 20 to suit the lcgiSla-
ture, they can change these duties TO the
circuit clerks; and then back again, dd IN
fnitLn. This will cause constant intrgues
at every election, between the county clerks
on the one side, and the circuit clerks on the
other, with candidates for the legislature,
and IN the legislature, by such power Of
change, ever tempting to be exercised, will
produce much mischief, by Withdrawing the
attention of members from their proper bu-
sneSS, and fixing it upon matters of intrigue.
The new constitution requires all the
judges TO be elected by the people. The
writer is in favor of this, but is opposed to
making the Judges Of the supreme court eli
gible to be reelected. know it is plausi-
bly, said that. il viii be hard. that good
Judge, cannot be c-clCcted. But the leariS,
that the good judges will not be reelected
and those not so independant, and more time
serving, will be. Take for instance our
northern division. 1t includes three entire
circuits, and parts Of two others. or SUI
preme Judge, will deal with the judgments
of FIVE of the circuit judges. The circuit
judges will be on the circuit, among the peo-
pie, in every county making themselves pop
ular. The supreme Judge goes TO but one
place in the district to hold court. lie has
neither jurors, witnesses, parties nor bye
ISLANDERS. before him. His chance 10 be pop
ular and Influential with the people, j., not
therefore hundTeth part rs good as that o!
the circuit judges. Iihe freely reverseS the
Judgments Of the circuit judges, he is to have
them against him They are all acconnta-
bic to the same constituency; they will all
deserve TO he reelected; and the circuit
judges in self dcrencc when they 90 around
/ their circuits, will have to Justify themselves
when their judgments are reversed by at.
! lacking the supreme judges. And these at
lacks the supreme judges will have no OPP
/ portunity 10 answer. tits therefore greatly
10 be feared that in n few years, that is. n /.
ter few of the most INDEPENDENT aud up
| right of the supreme Judges have been de-
1 lcatcd by the circuit judges. that the SUI
rreme court will be absolutely afraid to re-
verse the judgments of the circuit courts
/ If there is any plausible foundation for n Just
I fear OF this kind, that alone ought to dCitat
the new Constitution. What can be more
abominable and intolerablc in govorumo nj
| than a supreme court afraid to reverse the
judgments cl the lower courts. That the
circuit Judges will get this mastery over the
supreme court Is easy to see from Our past
history. The old supreme court was rcliev-
ed from circuit duties in 1880. Circuit Judges
were then appointed, and they being con.
stautly on the circuit from thence until 1910
had got all the moral power Of popularity
and influence which the supreme Judges had
] 81 1,N Ia, -.
So that by 1911 the Legislature of that wear
were prepared under the influence of the
circuit judges, for the great reform of that
{ year as II was called. There were other in.
( iIuenceS at work it is true, but this helped
amazingly, aud without the measure could
not have been carried.
There is Just one more defect, which
wish TO notice. Sec. OF the 9th Art, pro-
videS that the purchaser at n sale Of land fol
taxes, may make an affidavit OF notice to the
former owner. which affidavit is be he pri-
ma tGcie evidence of the purchasers tax II.
tie. This is most mOnstrOus and horrible
Read the section and see if this is not true
Does the reader know what primd fdciG
means? Twill tell him. Ii means that the
affidavit of notice, shall be sufficient to prov
notice, until it is disproved. This evidence
is to be the mere oath OF a Spectator; and
the oath of the owner is not TO he taken n.
gainst 1t, but he is TO prove by others, that
no notice has been given him. This one
provision, is enough TO condemn the whole
Constitution. II lays all the honest. unsus
pectng farmers liable TO be cheated out OF
their farms, by the bands of spectators in
our towns. Every one ut all acquainted in
any considerable town, can call to mind. al
least dozen of these sharks of Spectators.
who would readily make such an affidavit
to get another mans land. And how is that
manto prove that he never was served with
notice. The thing viii be impossible.
Bat il is said that the new Constitution is
not SO defective rs the old one. This de
ny. defy any one to point ont so many
well founded objections to the old ConSti,u-
ton. II is altogether preferable to the new
one. To cure all these objections and a
hundred others, Uor il is really the most ab
Surd thing ever proposed rs n Constitution, }
it is said. that it can be easily amended.
This again deny. II is true, the Lcgisla-
turc may propose amendments. and they
may be adopted by the people. The I'd Sec,
of the 18th Art, provides how it may be
done. Ii isto be noticed that 10 one Lcgis
lature can propose amendments TO more
than one article; aud these amendments to
one article, are 10 mass hy n majority of two