Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-01-17

Cured in the United States, since the COM
mencement of the Revolution.
i A bill fixing the times for holding the judi
cial courts ought not to be long delayed
Beyound this, ample time should be taken TO
revise the old or mature new judicial system
designed to be permanent, and such as is re-
quired to define more fully the powers and
duties of the several courts of record in term
time, or OF ejndges at their chambers
Haste, in this bill, may be preiudcial to
the public interest; sufficient DELAY to fully
mature the system will be of but little incon-
venlence, for the constitution has declared the
old law shall remain in force, except when in
conflict with it, until repealed by the General
Assembly. The old law, with few exceptions,
is, therefore now in force. can and must be
applied for the direction of the new organiza-
tons, unless new system shall be suhstitut-
ed, before the times which shall be assigned
for holding the new courts shall arrive.
I AS to the Jurisdiction Of the supreme court.
district courts, and courts of common pleas, !
am not aware that any substantial changes or
notifications from the jurisdictions of the
several courts to which they are, bv the con-
strtution, made the successors, are either con-
tempiated or would be desirable
The supreme court will hold its sessions on
~ at Columbus, or, at most in but few plac-
es; remote from many counties in the State,
and to give it general jurisdiction for the
trial OF cases, would be onerous and expensl
i've to parties litigant, residing at a distance
1t was doubtles the intention that Justice
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 eoun-
ties where the parties reside, and that the su-
preme court should be court of dernier re-
sort, where questions reserved by the district
courts, writs of error or appeals in ehancery,
should be finally determined.
4 For the commission Of inferior offences, nei-
ther economy nor the principles of justice re-
quire 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 TO be at all times open. a
speedy trial may be had. and Justice admins
tered, without denial or delay Justices of the
Peace may be invested with like jurisdiction,
without prejudice to the security Of the accus-
ed, and without dstrime Mt to the public in
terests
Provision should, also, he made BY law. de-
claring who shall be the Chief Justice of the
supreme court. who shall 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 controlled. 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 Board of Commissioners and
to prescribe their duties, among which they
are to report uniform course of proceedings
in the administration of Justice, without refer
ence to any distinction between law and equi-
tv. and as far as practicable and expedientthe
distinct forms of actions at law are to be ahol-
ishsd. and pleadings and forms of proceeding
in courts of record are to be abolished, and
pleadings and forms of proceeding in courts
of record are to be simpli6ed and abridged.
/ By keeping this in view, your legislation will
of course be such that this provision of the
constitution may be carried out, By the COM
missioners and their labors not lost, as they
shall from time to time make their report to
the General Assembly for its fnal action
thereon. -. s... 81.
The 9th article of the constitution is imper-
ative on the General Assembly 10 provide for
an efficient system of common schools through
. out the State. This is, certainly, one of the
most interesting subjects which can occupy
j your consideration, or that of the American
people Under systems like ours. where the
real sovereignity is with the citizen, and he
rules himself-where government is upheld
or put down By the opinions of the people, ex-
pressed through the "selErenovating power
of the ballot box" and not BY violcnce-light,
knowledge, intelligence, science, are essential
ly necessary TO be widely spread among the
masses of the community. A common Eng
lish education is within the reach Of all, and
is, least indispensable to the happiness safe
ty and prosperity of the State Experience
has shogn that education with the masses of
the people, affords infinitely more protection
to liberty, good morals and more security to
the rights of others, than all the criminal en-
actments that have ever been made, or pris-
ons that have ever been built
If we desire the rising generation to be vir.
/ tuous, lovers of freedom, and to cherish our
institutions, which we must soon leave behind !;
if civilization, intellectual enjoyment, substan-
tial refinement, love of order and prosperity,
are to be leading characteristics with those
who are to succeed US, the means must
be provided. and an efficient common school
system devised. The youth of the State must
be educated and instructed in habits of use
full and industrial pursuits, for habits formed
in early life are likely to follow to its close.
The constitution has very wisely provided
for the inviolability of the principal of the
scool funds, which now are, or hereafter shall
be, under the control Of the General Assem-
bly,. and for the faithful application of the in-
come TO the purposes designed. 1t has also
declared that such sums shall be raised by
taxation or otherwise, as with the income of
the school trust fund. will secure an efficient
system of common schools throughout the
State; and this constitution the Representa-
tives of the people have solemnly sworn to
support
For the amount AID condition of all monies
and grants for school purposes. the General As
semhlv is referred tn the rel mort of the Secreta-