Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-03-28
CONSTITUTIONAL REFORM.

meSNS EuftVTS V tHe otote oenttnd:
Judging from the tone of the coniributi"ns TO your
columns. and the spirit of the press throughput the
Slaie aud other iDdicla Of public opinion, ] have
been led to hope that Convention and its action
will be sumeibing than edition of Loves
labor lost" lnsend Of being startled at proposed
Innovations, and desiring 10 check the mental inn
pulses which beget the various proposed radical mod
iicaions Of our system, | am delighted to find in
them signs of the mental freedom which is becoming,
and is to become Characteristic of the age.
These considerations encourage to offer my
mite OF thought, in reference tu subject which
will up for The consideration of the people, and
their Convention allnde courts, their jurisdic-
tinn, and the forms of proceeding therein. | will
premise that the judiciary is emphatcally The neglect
ed arm OF Government, in Indiana. For sUme rea-
son. 1t has been our policy 10 starve judges, when
clerks, sheriff., and other officers make money, and
TO impose upon parties law suits the expenditure of
hundreds Of dollars, in order shield the State and
counties from the expenditure of tens only. But
proceed to my propositions, which will submit with
out argument, or nearly
1st. propose a judiciary composed of Supreme
Court, such we now have Circuit Courts, compos-
ed of one Judge, probate courts, composed of one
Judge frOm each county, and Justices of the peace;
the Supreme Judge To be elected by The people of the
State, circuit judges by the people of the circuit. pro
bate judges by the people Of the counties, and JUS
tices by the people of the townships respectively.
2nd. | propose the abolition of our invidious and
0lUeTenCe
of the Supreme, and Circuit judges. The first Con-
vention fixed their compensation at the same sum,
and acted wisely in so doing. Circuit Judge in
ours more expenditure by two hundred dciiars
per annum than does Supreme Judge. He ought
to be superior to Supreme Judge in law knowl-
edge and general talent He must decide perhaps
twenty different questions in each case, verbally put
to him in noisy court room, imprompu without
moment for reflection, or examination Of authorities
(for he cannot stop the ria of the hand for
either purpose, and in many counties authorities
scarce) and that too, IN part, at the inception of the
cause, aud before he the whole ground while
the Supreme Judge may have some To five of the
same points TO decide, the whole spread befure
him IN writing, six months, year TO consider,
and all the law bouks and authorities, of any value,
which extent, at his command in the law IL
brary at Indianapolis. A Circuit Judge. too. must
have q capacity for commanding, and restraining
men (himsef among the number,) and for leading
jurics out Of their preconceptious, and away from
errors mbibed from professional effort; while for
Supreme Judge the temperament of woman would
be all sufficient. TO depart from the principles of
justice, and utility, and go back to the for
station which prevailed in the dark ages, is
wise. Yet such re'rogression is manifest in this
distinction. There is no reason for 1t.
| 3D. propose 10 dispense with associate Judges
solely with view to economy. Their services are
valuable, but not Indispensable. They of service
in enabling the court To sit more hours iE the day
President Judge enabled to leave the court for an
hour, for recreation. Few of the President Judges
would suppose, wish, personally To spare them
They are a society for him. But other considera-
tions, and the experience Of other States indicate
the proprety Of making our circuit courts to consist
of one Judge. He will know his own mind. and de-
eide incidental question, at once, and without a
whispered, tedious consultatiOn-thus saving time.
4th. propose no modification of our existing pro.
bate system, except that the Probate Judge shall be
his clerk, and take the existing fees in lieu Of
salary. The fact of the Judge being his clerk
will make the Office worthy the acceptance of qurli-
fed men, aud bring the people be careful IN seec
tion. The fees incident to the Probate business car
well be spared from the richest office in the State.
clerkships of the Circuit Courts Few of our Cir
cnt Judges would hesitate to exchange their Office fol
| the poorest clerkship in their Circuits.
9th. prop se to insert in the Constitution pro-
vision, giving universal original Jurisdiction o.
breaches Of the peace, such rios affrpys, assaults
and batteries, trespass without malice, and of all Of
fences against morality. to Justices In some town
ships the public mind opposed to such often.
ces than it is in others. This plan would leave eact
township, To extent, free be 81 law to itself,
as To those offences and their toerntion or inhbi
ton; for the Justices being created by the popula
will, would carry out that WILL in the admnistra
ton of the laws abuve alluded tu. And if, in pro
cess of time, nuisances should arise out of Ia,
administration of these laws, public opinion would
COTIect Nse dnO lle esil AT present, III countlei
T where Justices have jurisdiction of offence,
against morality. the preiudices of the people %
the townships remote from county seats excited
against these laws, and they are led almost to side
with those who violate them. The reason will stats
thus. Some dozen more will be summoned, a:
witnesses, before Grand Jury, twelve or tifiee'
miles off. They go without compensation. The,
must again attend at TIVE, three terms of the
Circuit Court, till the matter is determined, all with
out compen> ton. Each journey brings the law in
TO disrepute with them. And if they stay away Il
attend to their crops, a sick wife, family ih
sheriff, attachment, and fine. and costs follow
Is il any wonder these laws odious in fronfie
townships! In the mean time the Circuit Court, an
D its officers making a great fuss about a smal
0 matter and II bystunders are justly disguised. Civ
the Justices discretion to punish or bind 10 tn
a Circuit Court.
In all other respects let the justices be strictly
It township judiciary. Appeals from their decisions
5 at present.
o 9th. propose Constitutional provisions for mod
L 6catons of the modus operandi, and practice in til
> Circuit Courts, which will perhaps alarm the profe
G sors of black letter. But of these hereafter.
Ie Yours, &c. TYRO.
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