The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-07-07
From the New Constitution.
New COnStitulion-Judicial Reform

The present system upon which our
courts are constructed has given abundant
evidence offtsimperfection and unsuitable
application to the wants of an enterprising
people, who are advancing with reform in
this age of progress and improvement
ssiddmber, AM and the glorious light of knowl.
edge heavens precious gifts beamine
through the dark clouds of ignorance, and
moving the masses from their quiet sub
mission. The great eternal principle of
equality and liberty has seized hold of the
moving spirit, and like swelling food,
sweeps models, precedent and ill. gained
power before it. The spark ofrefomation
and improvement which has kinded the
civilized world into flame, and shaken
the old forms and models of government
from their base, should infuse new life and
energy for reform, through every avenue
and part of our political compact. No
arm of civil government should continue
to WELD its power over the rights of an in
telligent community, when its misdirected
effort deals of error, wrong and injustice
at every stroke. The right to govern, TO
limit or enlarge mans liberty, to add or
subtract from his fortune, is a supreme
power, and its execution ought to be guard
ed with great care and extreme caution bv
the fundamental law of the State.
That branch of power given to the Judi
clal system ought to be so distributed as to
afford ample means for the redress of
wrong and the protection of our lives. lib
erty and fortunes in manner suitable to
the convenience of a population of near
three millions of people, in State compo
sed of eighty-five separate and distinct
civil organizations.
The powers given to the judiciary NAV
be divided among five separate and inde-
pendent tribunals, to be designated in the
new constitution, and there to be defined
by law.
1st. There should be two or more ius-,
tees of the peace, elected by the people
in each township, for the term of three
years, who shall have original jurisdiction
in all matters of debt in any sum not ex-
ceeding fifty dollars. These justices of|
the peace ought not to have jurisdiction in
actions of tre$pass or tort, because upon
this subject the law presents nice and diff
cult questions, which naturally arise dur
ing the progress of trial; and because
uncertain and unliquidated damages are
always involved in such litigations.
Cd. There should be one probate Judge
(who should be member of the legal pro- |
fession,) elected by the people, for each
county, and for the term of seven wears.
who should have sole Jurisdiction of eli |
probate matters, and granting all lisencos
within and for his county. This Judge
should hold his probate court once in each
month, for the transaction of such business.
and should be paid, out of the county trea
sury, salary to be fixed by law. This
Judge should also act as an associate Judge
in the court of common pleas within his
county.
Sd. The State should be divided into
Judicial circuits, as now provided by law;
and there should be elected by the people
in each circuit, one President Judge of
the court of Common Pleas, whose term of
Office should continue seven years, and
who should be paid by fixed salary, out
ofthe State Treasury. This Judge should |