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

The section providing that the supreme court shall
consist Of five Judges hold their Office six years-the
State be divided into five supreme court districts and
Judge shall reside in and be elected by the electors OF
each district, was read second time when
Mr. Petit moved 10 amend, so that one Judge shall
reside each district but the whole five shall be elected
by joint of the people OF the whole Sateal the
Judges TO be elected az the same time.
Mr.. Petit sustained his amendment because the peo
pie every portion Of the State equally interested in
the decisions, and should have voice in electng the
whole court. There was a propriety IN locating the
Judges in districts, because by locating them in the d
erent Districts they would have better idea of all ques
tons brought before the court
Mr.. Newman defended separate vote by districts,
because this The only method by which the people Of
particular district might obtain its choice for Judge
There need be fears thar the interests of the people
would suffer by this method of electng. Unless this
provision is adopted he necessity of dividing the
State into districts
Mr. Bascom moved to amend Mr. Pettits amendment,
by striking the words a judges to be elected at
the same time"
Mr. Keso opposed Mr. Pettit's amendment He
wished to avoid far possible any political connee
ton with the election of judges.
Mr.. Walpole thought three judges were sufficient.
The people had sent him here TO increase the number
of officers.
Mr. Petit said there was great difference in the
State Of Indiana the adoption of the present Con-
sttuon Indiana at that time contained population Of
fifty Thousand inhabitants, we have million. The
business greatly behind, and since the CON-
of the session OF this Conventions four five
hundred more had been added
Mr.. Niles favored five judges. Delay against
the interests Of ALL The expense consideration
in connection with the public benefit, for all men
liable at any moment to be involved In law suits. He
favored the election by districts An election by the
State at large might result in the election of better pol
tcians, but better lawyers. The people of dis
trict would know their better than the State al
large He had confidence that these elections would
NOT he ed on arfV
Mr.. Prather moved that the amendments be laid upon
the table.
Mr.. Bascoms amendment was laid upon the table,
The question was then taken on laying Mr. Pettits
Misunderstanding the judges by general ticket
the table, and decided in the affirmative, ayes IS
noes AZ.
Mr. Nave moved to amend, so that the number o
Judges shall not be less than three than five
alority of whom shall be quorum be elected b,
districts and to hold Their offices six years, SC.
Mr.. Petit said the whole symetry OF the system wa
destroyed by the rejection of his amendment He there
fore moved TO lay the section on the table. Lost.
Mr.. Newman thought five the proper number; but
should give the Legislature discretionary power
where did not impair the vital principles Of goot
government.
Mr.. Reid Of Clark would support the amendment bu
he thought three judges sufficient do the business
this time, should reporter be appointed. Hereaite
the number might be increased.
The previous question called and sustained bu
before the vote TAKEN the Convention adjourned.
In the afternoon, Mr.. Naye's amendment adopt
ed, ayes 81, noes 30.
The section, as amended, was then ordered to be en-
crossed.
The section providing that the supreme court shall
have jurisdiction in appeal and wrs of error &c
was ordered 10 be engrossed
The section providing Tor the appointment of cler
OF the Supreme court by The judges, read secon
time; when after being amended that the clerk sha
be elected by the people OF the State for four years
ordered to be engrossed.
The section providing for the appointment of a re
,f al
at its WILL was read second time; when
Mr.. McClelland moved to amend that the reporte
shall be elected by the people; not adopted ayes ST
noes &c.
The section was then lost on the question of
The section for the appointment of a sheriff by the 81
preme court, was read a second time; when
Mr. McClelland moved that he be elected by the pee
pie; when
On motion of Mr. Kent, the section and amendment
were laid upon the table
The section providing that the State shall be divide
into twenty circuits and circuit Judge elected in eaef
to hold his office for six years. read second time
when
Mr.. Smith of Ripley moved to amend, SO that til
State shall be divided into suitable number of circuit
and Judge elected in each to hold his office for fou
years, but not to be eligible than eight years
every twelve years.
Mr.. Holman moved to amend the original section,
20 strike out the words sat least twenty and inse
''twenty- fourn
His object transfer the probate business TO til
circuit courts. We have now in Indiana two hundre
and eghty-six judges, including probate judges. HI
plan would reduce the nnmher greatly He contende'
that the character OF the probate court would be ee;
ted the decisions be uniform and correct and the
expense greatly reduced by transfer to the crcu
courts.
Mr. Borden gave his views length in favor of tran
ferring the probate business the circuit courts
properly constituted county courts, and incidentally
vored circuit system Cor the supreme court He hope
that court would exist but such clearly define
in the Constitution.
!, Mr. Lockhart moved that for the time being the se
ton and amendments be laid upon the table, carried
The section providing that the circuit shall
composed of one Judge only and shall hold three tern
in each county, read second time.
Mr.. Holman then moved 20 amend, that the circu
court shall be composed of one Judge only, and sha
hold at least, two terms of the circuit court and
least three terms for probate business.
MIR. Hovey moved to amend by adding-''providin
that the circuit and probate courts shall be held at d
feren terms, and SHALL in case, be joined together
t The discussion was continued by Messrs. HOLMAN
Wolfe, Owen, Bascom and kilgore when
Mr.. Hovey withdrew his amendment
Mr.. Walsace then moved, that for the present, and
order to give time for consideration, he would move
lay the section and amendment upon the table. Ca
ried.
The section providing that the Judge Of one circu
may hold the of another, read second tim,
and ordered to be engrossed.
Mr.. Hovey offered an additional section that no jude
shall be authorized to report the decisions of the
preme court; which was adopted, and then ordered
be engrossed.
Mr.. Howe offered section providing for q count
Judge with salary of FIVE hundred dollars to pa
out Of the county treasury and to be allowed fees,
probate business laid the table for the tim
being.
The section providing for the election Of clerk,
hold his Office six years, read second time; whe
Mr.. Holman moved to amend, that there shall /
elected clerk of the circuit court and clerk Of Il
probate court to hold their offices four years provided
that in counties having under two thousand voters, Il
e same person may be elected to both offices.
' Mr.. Hoyey moved to amend by striking out "tw