The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-05-26
Reform Of OF
The follp wing
for the Ohio StaA
Hon. Thomas l.. n

|
Hon. Thomas l.. FL
Gen. Hamer was oh
found lawy ers our State mas ever pro.
duced. The editor Of the New Cons,l.
tuition remarks that "Mr. Hamer had
fears, when these articles were written,
that the people were adverse TO submit
ting the Constitution to thorough re
vision, and hence was willing to see
convention called to amend it in the
single particular Of the Judiciary.
The reform of the Judiciary is still
leading question in The discussion OF
new constitution, but its Importance,
thoug il still great, is not such as 10
swallow up all others:
"CoL. MEDARY: The topics connec-
ted with National Politics for few
years past, have been OF such an excl
ting character that we seem to have
lost sight of many questions deeply ef.
fecting US as citizens of Ohio. We
have such questions before US, and they
ought not to be disregarded, whether
we can muster fortitude and for rbearance
necessary 10 their just and impartial
consideration, remaines to be seen.-
For one am willing to try. Who will
unite with ME? Can we divest ourselves
for short time, of party feeling, and
Join together as citizens Of the same
State, to accomplish ali object Of vital
Importance to the whole community?
; II we cannot, we ought 10 confess our
situation.
;. lis doubtful whether we'll informed
man can be found in the State who
does not feel the necessity OF change
in our Judiciary system. For a num-
ber of years past it has been seen that
the system was radically detective
lis lnefficiency is daily becoming more
manifest, and at the present time its
operation is such as to almost amount
to denial of Justice. Suits are con-
tinued from term 10 term because the
Supreme court has not time to try them,
and vet that court is in session from
the list of March till some time in Jan
uary, so that the Judges leave home in
February, and close their business IN
January, aIlo wing them four or five
weeks OF a vacation. No one acqualn.
ted with the gentleman who now occu-
pv the bench, will assert that they
consume more time than is necessary
in hearing the causes which are tried
before them. On the contrary. there
are complaints among the members Of
the bar, that the Judges are compelled
by circumstances to hurry cases, with
out giving them that delberation to
which they are entitled. How can it
be otherwlse2 Their time is limited in
each county; and desirous as they are
to dispose OF all The business they cum,
they will be inadvertently led into a
hurried mode OF despatching business,
which will occasionally result in erro.
neous decisions. They are not only
deprived of the requisite time, but on
The circuit they are often forced to de.
eide the mos, intricate questions of law
without the necessary books to enable
them to arrive at satisfactory conc'u-
sons. These and many other difficult
ties are encountered daily in the admin
istration of justice. 1t is not proposed
now to 60 into details. My object is
E to call public attention to this subject,
and to urge the necessity of action.
Our system cannot be changed with.
out an alteration Of the constitution,
an effort to amend this instrumen.
should be made next winter. The
j. mode Of obtaining changes and amend.
J, ments is pointed out in art. 9TH, sec.
! 5th. Two.thirds Of the General As
' sembly are to recommend, and ma
l. jority Of the people at the following e.
lection are to approve the measure
and then convention is to be called.
If we begin now, convention cannot
=. meet until le43. We may confine the
: convention to the judiciary alone, and
and leave all other portions OF the con.
stituton as they are. As to the pre-.
else character of the alterations they
: need not be discussed at present. Two
: years will afford time enough for tina,
purpose. II we are competent to gov
20 ern ourselves, We may not only discov
: er the defects in our machinery, but
J. may wisely apply the remedy.
j In hope that some able writer will
take up this subject and persue it,
= shall trouble you no further a, present
s You will oblige me by giving this ar
e insertion in your valuable paper.
Your ob't serv't,
J. A DEMOCRAT.
June 4th, l84l.