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

I I
tinns at common law, rcquisitinn, leaving those
free t. ndnpt le prefer il. All that ought TO
be required OF party succIn aud Internal state
ment Of his of action. matter of defence.
and of reply thereto. &C.. 81 stated as to enable the
Curt see, and, f need be, apprsa jury uf the
matter, matters in issue. To this | would add
directory mot discretionary provision requiring par
ties To bring for ard aud CONSOLIDATE nciIon
defence, all causes of action, sounding in
tract, or tort, or sounding" In any thing A writ
ten reference Objectionable matters should be re-
qursd. in lieu Of drmurrers. whcn should not ope-
! rate as To matters of mere fnrm.
| I'd. | would by abolish n chancery u-
rsdctlon. There are cases In which any eff'rt TO
abbreyaie proceedings BY abplishing chancery prac
tce would only fail of that object, but would EN-
phatically elongate the But discretionary pow
| or ought to be extended To the courts make not
merely issue at law in chancery suits, now
but to make several such issues in requir-
ing the investigation of more than fact, and 10
cause the same to be tried by jury, testimony
delivered orally. This course would abbrevia,e the
proceedings in all cases In which it would be adopted
But there are equity causes, involving such varied
completely Of facts, that il would be impossible for
jury, the chancellor to retain the in memo
~ from oral evidence. The testimony would, in such
cases be too vouIninous to be taken down court,
without too great consumption of tine, aud hence |
the parties ought TO take the In the form of
DISPOSITIONS, to the time of the court and
able the Chancellor to refer to different portions there
|
ting cases entirely part, to juries but the
| court can Judge with any discretion.
3D.. Grand juries should be limited in number-say
to five seven-aud should hold nquisition OF |
offences except those which capital, punisha-
bic 10y Imprisonment in the State Prison. Offences
of less grade should be brought before the court up
on information fled by the attorney for the State.
majority of the grand jury should find bill, and
some effective mode should be adopted of selecting |
them judiciously
= All. l.. 4.
cases, mud felunies) verdict of ncqutia ought to
be found by majority; but conviction should only be
| the result of unanimous verdict. In trials upon
Informations, or on appeal from Justice, and in
all civil cases, and issues made in chancery suits the
verdict Of majority should be sufficient; the right
to grant trials being reserved, now, 20 the
courts Jures for the trial Of causes should be re-
duced in number-say to three, five. No court
ough, to render judgment in criminal cause, upon
conviction, the verdict being against the conscience
of the This would be a better guard than a
, requisition for unanimous verdcis.
These propositions 90 principally 10 saving of
public expense, and to the clearing away of
venerable black letter nbsurdities, entirely behind
the spirit of the age-such the jargon of law phru
seoogy, stupid formaies secret nquisitions about
small matters in grand jury ROOMS, and the tyrnnuca
and foolish notion of imprsoning twelve intelligent
honest gentlemen IN a rom, under lock and key, till
they viii all sag they think exactly alike about
very doubtful matter when a less number could talk
over the matters before them calmly, and free from
the confusion of crowded jury room, ioge;h
er. aud q majority in most really see alike.
without being driven 10 great sacrifice Of opinion.
But for the sake of parties litigan, and their wit
nesses, other reforms are loudly called for. Under
our present system OF practice parties can tell
when their will be tried. Consequently they
come 10 court, and wait till their is reached. /
nave known parties whose witnesses fees unitedly
amounted to forty fifty dollars per day, wait week
or two before their cause was reached in order NV
b.y in hal un,,c tho
pending suits, waiting day after day for many days,
OF cost, unedy, Of several hundred dollars per day,
the court, in the time holding sessions, all day.
and sometimes TO late hour Of tile night. Besides
the above expenditure to The PARTIES there the loss
of time to the witnesses, innocent of tigating pro-
pensities be added to the volume of individual
sacrifices; for witnesses, fees compensation TO
an Industrious They scarce pay his board.
This frighlful expenditure is abuse, growing out
Of an overweanng. and mainly unsuccessful desire
to save public expenditure. Justice ought to be
granted without sale, denial or delay Every party
ought TO know the day on which his cause will be
tried and his witnesses ought to be detained but one
day in court unless more than day be requested
for trial of the These objects he at
tanned by partial modification of our present sys-
TEN of practice, which was adopted when courts sol
two to four days. and tried which little was
involved except the passions Of the parties The pres
ent system must not be modified, but exploded. Many
plans would achieve the object nbolisling these
abuses That which will add the least to the public
expenditure. and yet approximate removal of the
evils is the best.
propose the following remedy, viz:
LIST. Two terms of the Circuit Court per annum
for the trial of criminal cases, for the making up Of
issues of fact in civil causes and for the hearing and
decisions of cnancery causes in which Jury is
CURED These terms ought to be held in mid--um-
mer, and mid-winter, and grand jury ought to be
empannelled except by rrder of the court.
3D. Two terms of the same court for the trials of
issues Of fact, the bling dockcted that there
will be probability of their croydmg posfpon-
r ing another Let there be grand uries at these
terms nnd let them be held in the spring and autumn.
r when the laborng community is most at leisure.
The objection to this plan is, that consequence
RI of lis adoption, courts will DO longer session than
under the present system, and that there will be
necessity for new circuits. But my proposition will
thousands of dollars to parties, vast inconveni-
ence to witnesses. and dispensing with the attend
of some petit, and twelve grand jurors,
will make the county expenditures less, whule,
, than it is under the present system.
bly, proposition also dispenses with associate judg
es whose compensation now costs the counties In the
State not less than twelve thousand dollars annually.
: One third, half of this will pay all the
additional Circuit Judges, required to carry out my
! proposition.
p Before closing this communication, desire to re-
peat that prevent Legislative experimenting, and
to ensure the permanence of system, that the
people will understand the law controlling the action
of our courts, hope to sec the same, far pos
, sible prescribed by the Constitution. | have
made pencil sketch of a plan, which Is by means
as perfect as could make it, so far concerns
first rate and speedy administration of justice. Bat
economy is, and ought to be, high consideration
|, with a self governing people. | have sacrificed
much, but hope not too much, to that idea.
,, TYRO.