The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-01-14


be deemed more appropriate. Cases of
extreme exigency, however, as danger to
life from delay in the exercise OF the par
doning power, should be permitted to form
exceptions 10 the general rule.
As the Executives who have preceded
me, with perhaps one exception, have new
er established any specific regulations, |
feel myself unwarranted in doing so, with.
out the express authority of law, although
ii would prevent. as it is believed, much
annoyance, by the less frequency Of un-
merted applications.
The 4th article of the new Constitution
prescribes the great outlines for the organ
ization Of the judicial department Of the
government. lapproach it with diffidence.
1t is the only sheet.anchor of our hopes
for safety and justice, in times Of excite
ment and peril. Its powers and duties
should always be commensurate with the
objects of its institution, that it may pro-
tect innocence, punish guilt, and afford
redress for every substantial grievance.
There can. from the trailties of human
nature, be no such thing under free insti-
tutions, as quiet, orderly, and law-abid-
ing community. unless reliance can be
placed in the strong arm Of a judiciary. to
afford security; and such department mus,
then possess tho full confidence OF the
community, for impartiality, competency
and integrity. 1t is worthy of remark,
however, that since the organization of the
State government, embracing half cen.
tury, no Judge in Ohio has been convicted
Of bribery or corruption in Office, and but
very few cases, it is believed, have OCCUR
ed in the United States, since the COM
mencement Of the revolution
A bill fixing the times for holding the
judicial courts ought not to be long delay
ed. Beyond this, ample time should be
taken. to revise the old or mature new
judicial system, designed to be permanent,
and such as is required to define more full
ly the powers and duties OF the several
courts of records in term time, or of the
Judges, at thsir chambers.
Haste, in this bill, may be prsjudicial to
the public interest sufficient delay to fully
mature the system will be o! but little in
convenience. for the Constitution has de
clared the old law shall remain in force
except when in conflict with il, until re
pealed bv the General Assembly. The
old law, with few exceptions is, therefore,
now in force can and must be applied Tor
the direction Of the new organizations
unless new system shall be substituted,
before taa times, which shsIl 30 s?s,guea
for holding the new courts. sa&I' arrive.
As to the jurisdictions y, he Supreme
Court District Courts. aud Coura of Com
mon Peaa am not aware, he. any sub.
stantial changes or noi.icatoas from the
iurisdictiOns Of tbs several courts 10 which
they are by tho Constitution. made The
SUCCESSORS, are either coa!empalsd or
would be desirable.
The Supreme Court will hold - sessions
only al Columbus. or. at most. in but few
places; remote from many counties in tbs
State, and to give it a general jurisdiction
for the trial Of cases would be onsrous and
expensive to parties litigant, residing at
distance.
1t was doubtless the intention, that JUS.
tce should be carried home to every mans
door; or, in other words. that the business
of the courts of Justice should be done in
the counties where the parties reside, and
that the Supreme Court should be n court
of dernier resort, where questions rsserv-
ed by the District courts, wrts OF error or
appeals in chancery, should be finally de-
termined.
For the commission ofnferior offences,
neither economy nor the principles of JUS
tice require them to be prosecuted in eth
er Of the Superior Courts Of record. Pro-
bate Judges, with jury, if desired, may
be safely clothed with criminal jurisdic
ton in all such CASES, and as that court is
to be at all times open. speedy trial may
be had, and justice administered, without
denial or delay Justices Of the Peace
may be invested with like Jurisdiction,
without prejudice 10 the security Of the
accused, and without detrment TO the pub
lie interest.
Provision should, also, be made, by
law, declaring who shall be the Chief JUS
tce OF the Supreme Court, who shall pre-
side in the District Courts, when Judge
of the Supreme Court is or is not present,
aud 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 regulated or controlled, the fact
should be borne in mind, that it is made
the duty OF the present General Assembly
to provide for the appointment of Board
of Commissioners and to prescribe their
duties, among which they are to report a
uniform course Of proceedings in the ad-
ministraton Of justice, without reference
to any distinction bstween.law and equity,
and, as far as practicable and expedient,
the district forms of actions at law are to
bo abolished, and pleadings and forms of
proceeding in courts Of record are TO be
simplifed and abridged. By keeping this
i'm view YOUR LEGISLATION will OF course he