Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-01-12


law shall remain in force, except when in
conflict with it, until'repealed by the General
Assembly. The7oll law,with few exceptions,
is, therefore, now in force, can and must be
applied for the direction of the pew organiza-
tons, unless new system shall be substitu-
ted, before the times, which shall be assigned
for holding the new courts. sha arrive.
As TO the jurisdictions of the Supreme
Court, District Courts, and Courts of Com
! mon Pleas, am not aware that any substan-
tial changes OF 1nodfications from the juris-
diciions of the several Courts to which they
| are, by the Constitution, made the successors,
are either contemplated or would be desira-
BILE.
The Supreme court will hold its sessions
only at Columbus, or, at most, in but few pla-
ces; remote from many counties in the State,
nnd to give it general jurisdiction for the
t ial of cases woull be onerous and expensive
to rarties li,igant, residing at distance.
1t was doubtless the intention, that justice
should be carried home to every mans door !;
or, in other words, that the business of the
courts Gf justice should be done in the eoun-
ties where the parties reside, and that the
Supreme Court should be a court of dernier
resort where questions reserved by the Dis
trict courts, writs of error or appeals in chan
cery, should be finally determined.
For the commission of inferior offences,
neither economy nor the principles of justice
require them to be prosecuted in either of the
Superior Courts Of record. Probate Judges
with jury, if desired, may be safely clothed
with criminal jurisdiction in all such cases,
and, as that court is t. be at all times open,
speedy trial may be had, and justice admin
istered, without denial or delay. Justices of
the Peace r11y be invested with like iuris-
d:ction, without prejudice to the security of
the accused, ani without detriment to the
public interest.
Provision should, aIsc, be made by law, de-
c'aring who shnll be the Chief Justice of the
Supreme Couit, whall preside in The Dis
trict Courts, when Judge of the Supreme
Court is or is not present, and in the Courts
of Common Pleas, if holden by more than one
Of the judges. ~
In establishing any judicial system by which
the practice of the Judicial courts is to be reg
ulated or control ed, the fact should be borne
in mind, that it is made the duty of the pres
ent General Assembly to provide for the ap-
pointment of a Board of Commissioners and
to prescribe their duties, among which they
are ta report a uniform course of proceedings
in the administration of justice, without ref
erence to any distinction between law and
equity, and as far as practicable and expedi-
eat the distinct forms of acti ns at law are to
be abolished. and pleadings and forms Of pro-
ceeding 10 courts of record are to be simpli-
fed aud abridged. By keeping this in view,
yonr legislation will of course be such that this
provision of the constitution may be carried
out, by ths Commissioners, and their labors
not lost, as they shall from time to time make
| their rep rt to the General Assembly for it:
final action thereon.
The Och artice of the Constitution is inn
.peratiye on the General Assembly to provide
for an efficient system of Common Schools
throughout the State. This is, certainly ,one
of the most interesting subjects which can &C.
cupy your consideration, or that Of the Amer.
lean people. Under systems like ours, where
the real sovereignty is with the citizen, anG
he rules himself-where government is up
held or put down by the opinions of the peo
pie, expressed through the self.renovatius
power Of the ballot box,'' and not by violence
light, knowledge, INTEL gence, science, are
essentially necessary to be widely spread
among the masses of the community.
common English education is within the reacl
of all, and is, at least, indispensable to the hap
piness, sHfsty and prosperity of the State
Experience has shown that educat on, will
I the masses Of the people, affords infnitel,
more protection to liberty, good morals, ant
more security to the rights of others, than al
the criminal enactments that have ever beel
ma e, OF prisons that have been built.
If we desire the rising generation to be vir
tuous, lovers of freedom and to cherish ou
lustitutions which we must soon leave be
hind; if civi!iza,icn, intellectual enjoyment
substantial refinement, love of oraacr and pros
perity are to be leading characteristics witt
those who are to succeed US, the means mus
be provided, and an efficient Common Schoo
system devised. The youth of the Stat
must be educated and instructed in habits O
useful and industrial pursuits, for habits form
ed in early life are likely to follow to its close
| The constitution has very wisely provide,
fer the inyiolabiity of the principles of tn
school funds, which now are, or hereafte
shall be, under control of the General As
sembly. and for the faithful application of tn
income TO the purposes designed. 1t ha
also declared that such sums shall be raise,
by taxation, or otherwise, as with the incom,
OF the school trust fund, will secure an eff
clent system of common schools throushou
the Safe; and tn 8 constitution the re presen
tatives of the people have solemnly sworn t.