Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-01-23

The section then passed. ayes SO, noes p.
The ton provdingthat 5e judicial power shall be
vested in Supreme and Circuit courts, &C., read
third time; when
Mr.. Thornton moved 10 re-commt with Instructions
to strike out and providing for Crcnit Judges leaving
tenure Of Office and salaries 10 the Legislature There
shall also he Chief Justice elected, who with the
Circuit Judges, shall constitute the Supreme Court who
shall hold court in Bank for the adjudication Of
peal cases. An Attorney General to he elected, who
shall be the Reporter OF the decisions of the Supreme
Court. county shall be established transact
probate business and to try minor criminal cases GER
fees this be deposited the county treas
ury pay the udge-any deficit be paid by the sew
eral counties Courts of Cancellation be established
for tine trial OF agreed upon by the parties, &C.
Sc which being out OF ORDER he withdrew his nstruc
tons for the present.
Mr. McCleIland then moved to re-commit with in
structions 20 amend by adding that there shall be a
Register elected in each county, hold his Office for
three years, who shall transact probate business, &c
Lost
Mr.. Thornton then moved TO recommt with instruc-
tons TO amend that the judicial power shall be vested
in a Supreme Court, Circuit Courts, County Courts
justices Of the peace &c. which motion prevailed and
the section was re-committed.
Mr.. Petit moved to re-commit the second section
with instructions to amend, that the Supreme Judges
shall be elected by the people of the whole State The
vote yesterday eectng the Judges BIZ single Dis
tricts, Mr.. Petit said indicated retrograde movement
of more than hundred years, from our present
mode of appointing: For the Governor elected by the
whole people, appoints. As WE'LL he contended mig
the people in the county in which candidate for Gov
resides elect that officer He contended that the
election by Districts would lead to gerryandering
the State.
4 Mr.. Kelso opposed re-commtting.
Mr. Niles denied that there would be any difficulty so
far the formation of Districts is concerned He
hoped that the time would come when candidates
for Judges would become stump orators.
Mr. Borden hoped the Judges would be elected BY the
people of the whole State. A Judge of the Supreme
Court should have Statewide reputation
Mr. Dobson took the same view Of the question, and
xx-oc o1aff hax Oh.
going back instead of forward reform. He felt sat-
f isied the vote of yesterday, would be rectifed
The section then re-committed with Mr. Pettit's
instructions, ayes &C. noes 81
The section providing that the Supreme Court shall
have jurisdiction in appeal ana writs of error Sc
was read third time when
Mr.. Nave moved to re-commit with instructions ia
strike out much gives the Legislature power
confer original jurisdiction; which motion did pre-
vail
The section then passed. and the Convention adjourn
{ ell.
In the afternoon the section providing for the election
oil clerk OF the Supreme Court by the people of the
State to hold his office four years. read third time
and passed. also, the section that Circuit Judge
may hold the courts OF another; and also the section
providing that the Judges shall be of the
peace.
The section providing for the speedy publication o
the decisions o the supreme Court, but Judge shall
report the decisions read third time and passed
,, Mr.. Howe moved to reconsider the vote on lawn.
the section on the table, providing for county court
TO transact probate business with less than five hun
dred dollars to be paid out Of the county treasury,
such perqustes fees he designated v the lie
gislature which motion prevailed
Mr. Petit moved TO strike out the section and insert
substitute providing for county court to be compose,
Of one Judge, TO take charge of probate business b
his own clerk, to serve four years, &c. and perform
such other duties may be prescribed by law, whic
}, was not adopted, ayes 40, noes 10.
Mr. Howes section was then laid on the table.
) William Johnson: Delegate from the county of Or
aDpeared proeuced his credentials IN
l. to office, and took his seat.
The Convention then adl ourned.
t, MONDAY, January 20 Is5l-The Convention wa
opened with prayer by the Rev. Mr. Wilson of Lafay
j cite.
l. The Convention resumed the consideration Of TIA
grand jury questionable pending questions being
amendments offered by Mr.. Lockhart and Mr.. Smith
Ripley providing for grand luries and by Mr.. Pepper
Crawford leaving open question for The LegsIa
If ture.
IN Mr. Petit moved that the amendments be laid upo
the table, with the view of offering amendment pro
vidng that 'the Legislature may continue, abolish
n modify the grand jury system"
The amendments laid upon the able-Mr
e Lockharts amendment by vote OF ayes 81, 81
Mr.. Petit then moved his amendment, providing tina
is the Legislature may continue abolish modify tn
j, grand jury SYSTEM" which amendment adopted
l. ayes SO, noes %.
e The section was then ordered to be enqrossed
The section providing FOR the election Of Attorne
General was, for the time being laid upon the table
The section providing that the State shall be divide
into twenty circuits was taken uphe pending que.
r. ton being Mr. Holmans amendment strike go
d and insert "24" The object of Mr. Holman, it will
d recoected in making this amendment, TO transie
the probate business to the Circuit Court.
c. Mr.. Hovey gave his views at length favor OF tn
amendment and the transaction the probate bushes
,e by the Circuit Courts. He said that could calm
y sit down and look the history Of the Probat
Court Of any county in the State, without seeing tn
necessity of change. He then contrasted the expens
II Of county and the proposed Circuit SYSTEM and
tended that the system he advocated the least
pensive. He was in favor Of giving the judges thou
10 sand dollars salary
e Mr. Borden wished to make few suggestions befor
:" offering amendments. The first suggestion was, this
n Judge should be eligible any other office during
term of service. Another suggestion was, that tn
Judges should 90 of office gradually. Another tbs
in the Supreme Court should hold session every Ccu
order 10 accommodate the people in bringing lustc
nearly to their doors possible. Another tht
the salary of Judges should be liked in the Constitution
He also doubted whether six years not too short
e. term for Judges. He thought he saw disposition
part of the Convention the Probate questio
open the Legislature This he thought should
done but that the question should be definitely settled
Mr. Clark Of Tppecanoe preferred the present ystei
TO transfer TO the Circuit Court The establishment
acounty would result in improvement the pre-
ID sent system He preferred leaving the matter open
TO the Legislature. A system might then be adopted
meet the growing wants. interests and
the State.
to Mr.. Ristne thought that in advocating transfer
m probate business TO the Circuit Courts, and the au
found with the present system gentlemen had widel
re missed the mark in their arguments The law,
than any thing else, in fault Administrators
frequently appointed who could write their name.
A remedy should be made in our laws, by permittin
but competent persons to he appointed admins
traitors. He opposed to going into details in an
lie system that might be adopted.
Mr.. Foster advocated transfer Of the probate bus
RI ness 10 the Circuit Courts.
ID Mr.. Cookery moved that Mr.. Holman's amendmel
id be laid upon the table, when Mr. Holman withdrew hi