Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-14
Let me not be misunderstood do not undsrvalue

istraon Of criminal Justice. While it must he admit
ted to be an evil 1t is necessary evil, OF the benefits
of which would by deprive the State though
hold that " IS useful mainly In proportion as II is
open, and mild, and mercilul.
The gentleman from Tippecanoe has suggested that
the power of preering Indictments might be left with
individual Justices OF the Peace Now, sir, it occurs
t. me that that power not be entrusted entirely
any one Besides there twenty more
Justices OF the Peace in county and were any and
every one OF them 10 have the power order to
trial IN the Circuit Court for offence should fear
that the number of groundess prosecutions would be in
creased thank the gentleman for his able effort in
exposing the evils Of the present system; but cannot
favor his substitute. have held any consultation
with the gentleman the subject / am not disposed
TO find fault with any ones scheme. only say. that
before would abolish the present svs tenn by
Constitutional provision that could not be restored
by the Legislature must something clearly better
to be substituted for it. That is with qua
non.
The gentleman has said that if the present system is
bad one, must Top it oh-anputate il. Now sir.
with the gentleman that the present system its
leading characteristics, bad bat instead flop
ping oil at once, would be inclined u wait for the
right time, and till the public mind is ripe for change
Festina Isqte--' make haste sowy"-is a maxim no
less valuable in politics than in the economy of life How
would skiltul surgeon patient suffering from a
malignant tumor! He would he careful not to amputate
prematnrely. He would feel his patients pulse exam
inc all the symptoms and wait for the favorable time
BY the course, the patient might be thrown into
fever by the otier the wound might be healed by the
first intention.
cannot say that prepared to engraft any plan
premaureiy upon the Constitution My present idea is
that would be best to leave the whole matter Of SUBJ
stitute 10 succeeding Legislatures, who may embody
the wisdom and experience Of coming years. BY provi
ding, now, that " person shall he put answer
any criminal charge but by impeachment by present.
men or Indictment with the addition of these words to
be preferred by Grand Jury in such other
as The Legislature may prescribe would do all that
seems to necessarily devove upon this body Give
them the power and it is my present opinion that the
people will require the Legislature to provide subst-
tute for the present system consider that in its ult
mate practical effect it would he nearly equivalent
adopting the eentlemans resolution in terms
natural inquiry in determining the main question,
Is, what sustltGt, 10 You propose Now sir, without
claiming any merit originality and with great diff
dence my part and profound respect for the opinions
of all other gentlemen, will ask the indulgence of the
Convention while submit few suggestions on this
point.
The Office of Justice of the Peace is at present
sdercd unmportant one and the most udicous selec
tons of persons TO fill il always made. But
take 1t for granted that somewhat in proportion as you
dignity and give Importance to the Office, better men
viii be elected. Now sir. it to me that kind of
court of inquiry, perhaps it might be called, could be
formed from among the Justices of the Peace in the differ
ent counties, somewhat alter this Let four
nye OF these magistrates be selected in such way
the legislature shall prescribe, to constitute the court.
They M rht lie selected by lot, what would perhaps
be better tie four five oldest Justices of the Peace
that is, those longest in commissioner The county:
might ofcio be the men to compose 1t provlng how
This court might meet semi-annually quarterly
such intervals as should be deemed best, at the court
house in the county. 1t shocld be their principal duty,
behalf Of the State inquire into all such violations
Of the penal law should in the language OF the oath
administered T. Grand Jurors he brought before
them otherwise come to their knowledge, and upon
sufficient evidence to order bills of Indictment TO be pre-
errcd by the Prosecuting Attorney against the parties
accused and for the offences charged The parties
esed would then he committed held to trial Justice
should require. And the causes would stand for trial at
the next OF the Circuit Court These proceedings
would of course he all open and public The party
cused should have tie right he present in person. and
by counsel, to hear all that proven against him,
and cross-examne the witnesses for the prosecution
The accused could generally be present T he desired it,
and if not present he could learn before he was brought
to trial who the witnesses, and the nature of the
evidence against him. He could then prepare UNDER
stlndnGy for his defence. This court night hear only
the evidence for the prosecution with the right of cross
examination the part of the defendant. they might
be authorized hear both sides fully sbond ne found
eXPedent. In the theevidence Should be
such to create strong probability, and in the other
to exclude reasonable doubt Of guilt. Our criminal
code is very simple, and such bod, of men would
tainy be as competent the majority of Grand Jurors
to determine what constitutes a violation oil any oil Its
provisions. II saying little for the intelligence of
people. suppose that FIVE such would be depend
en the brief charge of Judge for their knowledge
of what o a crime. But If that thought
very important they could meet the first day of the
Circuit Court, and receive charge and he under the
supervision of the court 1t would be difficult to
As
would not he in the nature Of trial complaint though
once dismissed might before Grand Jury, be con-
sdered again. unless barred by the Statute of Lmita
tons. Proceedings of this character are nothing final
Now sir who are these Justices of the Peace that we
should he afraid of thsm7 They feow-c citizens
elected by the people, and the less plain sensible
honest men than il they held no commissions They are
all at of the peace and would be
none the less so under the plan proposed.
Now do not undertake to say that the system have
briefly sketched is what need But it does seem to
that something could he formed from it that would
he better at all events than the present secret inqnsi
torial and expensive system of Grand Juries.
Again, sir this might have the power and
summary dispose of without the intervention of jury
all petty Offences. such retailing without license.
smaller Of assault battery gambling and the
like in which the fine actually imposed by the judgment
of the conrt, should not exceed moderate amount
to be designated. This tribunal would approach
to the character of jury than to that OF mere court
and in this way much time and expense in the higher
courts could he saved.
But gentlemen fear that Justices of the Peace
would act oppressvey. Now / apprehend that there
they speak At all events should they the pub
lie would know it and they would know whom to hold
responsible
Mr.. FOSTER proposed that as it was after the usu-
all hour Of adjournment, If the gentleman from Laporte
would give way and to continue his remarks in
the afternoon, he would move adjournment.
Mr.. NILES said, he preferred TO finish what he had
to say then, and il the Convention would indulge him
few moments longer he would conclude He might be
in danger of infcting a long speech after dinner.
Several MEMBERS. We shall be glad to hear you.
Mr.. NILES. No, sir. prefer to 90 on now. Now,
SIR the question what has been, what has
down TO from remote antiquity, but what is best
for us here and now That is the question. will ask
every gentleman this floor suppose that now for the
first time two methods of putting accused of crime
npon trial, suggested; the being the present
Grand Jury System, and the other similar TO the
have proposed who ask would hesitate in his choice?
Suppose 1t were new question. would any man, instead