, 1862-02-22
nLIEGls e0SsTlTrrluHAL CONVENTION.
THURSDAYS PROCEEDINGS,


lFtcn our Special Reporter.1
Sn1SoF1ELp. Fcbrnary 20, 1861.
co'rtEtieE met. Prayer by Rev. Mr.. Burch.
| rANAs AND CURRENCY COMMITTEE.
| IT, President announced the names Of the
| six additional members Of the Banks and Cur
r1ney Committee to be: Messrs. Edwards,
Ferry, Ross, Sheldon, Coleman, Allen and
Williamson.
| BANNING LAW VOTE.
Mr.. anthony introducela resolution calling
| on the Secretary Of State to report Immediate
! y the total vote given for and against tho
Banking Law.
| TIE JUDICIARY COMMITTEE REPORT.
The report Of the Judiciary Committee
came up as the special order.
The trst section being under discussion,
NJ. Thornton Of Shelby moved to strike out
| all after "Justices Of the Pence and beginning
with provided" and insert the following:
Prosidcd, that the General Assembly shall have
Upon tnstices Of the peace to punish By imprlson,
mcnt for a time not exceeding twenty daye.
The following is the original section:
Sec. 1. The Judicial power Of this State shall be
and heraby is vested In one supreme court, in
circnt courts, in county courts, Of civil or Grim
inal Jurisdiction. ak Of which shall be courts Of
record; and III justices Of the peace: Provided,
TINT inferior local courts may be established III
cities when q majority Of the voters, at any
regular and ANIMAL election in aaid cities for city
Eual1 60 QeCiQH. the said C1T1l courts
shall be uniform in their jurisdictinn throughout
the State, and shall be created, established and
conducted under the same general laws; and said
criminal courts shall also be uniform In their juris
diction throughout the State and shall be creatcd
established and conducted under the same general
laws.
Mr. Wentworth favored the proposition. He
was for getting rid Of all these inferior local
courts and leaving minor cases to be decided
by justices Of the peace, who, being neighbors
Of the criminal, tempered justice with mercy
and administered the law Us it should be.
Mr.. Underwood followed on the same side.
Mr.. Fuller read from the returns Of the
Clerks Of the Recorders Courts in La Salle,
Peru, Aurora, Elgin and elsewhere, showing
that the business done in these might just as
| well have been done in the Circuit Courts Of
| these Judicial Circuits.
Mr. Paddock was in favor Of the section as it
stands. He was not in favor Of enlarging the
| jurisdiction Of justices Of the peace. He was
not in favor of the section as it came from the
| Committee. It was an imposition on the
! rights Of the people to cut thcin Off from es-
! tablishing inferior local courts. He defended
| tho Recorders Court Of Chicago aud con,pli-
mcntcd it as terror to rogues and rtl=cals ,and
| without which Chicago would be oyerrun.
| Rich powerful and politically influential men
had failed either to over:lwc, browbeat or de-
stroy it.
Mr: Thompson of McDonough supported
Mr. Thornton's amendment.
Mr.. Orme spoke against it. He said local
criminal courts were an absolute necessity in
some cities.
a1r. Edwards Of sangamon was in favor of
| the amendment Of Mr.. Thornton.
hlr. Vandeycer was also in favor Of it.
Mr. Singleton said that his county, Of &c, goo
Inhabitants, did not need city criminal court
| Mr. Thornton.
Mr.: Purple made strong speech in favor Of
the original section, as reported by the Com
mittec.
Mr. Anthony made d speech against local
| courts in general. He was opposed to them,
and wanted general system with uniform ju-
! risdiction.
Judge Purple answered him by showing that
his section provided for just suoh courts where
the people wanted them. He was astonished
at the distrust Of the people exhibited by
members Of this Convention. Some men on
this floor want, apparently, to legislate for all
time to come; to tie up the Legislature to t,
be to see how it can violate the Constitution
by come measure or other. he believed that
the Convention did not reflect all the wisdom
Of the State. He had still some fifth in the
people and the legislatures they will elect in
the future.
Mr.. Edwards responded, taking his former
positions.
CHANGE IN HOUR OF MEETING.
Mr.. Allen Of Williamson offered 4 resolution
that in future the morning sessions of the
Convention will commence ut nine o'clock,
Adopted.
| COMMITTEE on JUDICIAL CIRCUITS:
The President. By unanimous consent, add
ed The name Of Mr. Sheldon Of Winucbaro tc
lie Committee on Judicial Circuits.
On motion Of Mr.. Joslyu the Convention ad
journed.
AFTERNOON.
CONVENTION TO ADJOURN OVER SATURDAY.
Mr. Wall offered q resolution that when thu
Convention adjourn on Friday night it be unit
Monday
Gen. Singleton suggested until Tuesday.
Mr. Burr suggested that tic Convention meet
Saturday morning to hear the Declaration O.
Independence and Washington's Farewell Ad
dress read, and then adjourn until Monday.
Mr. Thornton said that he would rather ad
journ size die than adjourn over until Tues
day.
Afr. Purple moved 10 amcnd, that when tll(
Convention adjourn it adjourn till carly il
| June.
, Nj Burr moved to lay this last motion OF
n:e table. Carried by ayes IS, noes 20.
Mr. Burr moved an amendment as follows
; which was carried by large vote:
WHEREAS, It is recommended by the Presiden
Of the Cnited States to the people thereof, TIA
they assemble, in there customary places Q
: solemnity. on the 22d DAY Of February, 1862. t,
celebrate the anniversary Of Washinytun's brit
day. Therefore be it
r l
proclamation Of the President aforesaid, when th
: convention meets on the morning OF the 22nd q
9I;eornary, it vii meet only fof the purpose Q
, dependence, and Washington's Farewell Address
after which it shall stand adjourned until Monda
morning the 24th inst at IL O'Clock.
JUDICIARY COMMITTEE REPORT AGAIN.
The Convention then passed to the cor
; sideration Of the lst section Of the article o.
> | Judiciary, and struck out by large vote, al
atisr :3 "Justiees Of the Peaec" and beglnnln
Atr. Joslyn morcd to lay the substitute an
amendment On the table. Ayes -, noes IL
q q Lost.
The question being then taken on the nc
. tion tn insert the proviso, it was carried b.
d ayes to IS noes.
Tie section will thus stand as follows:
sEc;1. The Judicial power Of this State sha
es S sna hereby il vested in one Supreme Court,
he Courts Of Record and in Justices Of the Peace
Provided, that the General Assembly shall hav
power to confer jurisdiction: in criminal casct
upon justices Of the peace. to punish by impriso1
: ncnt for term not exceeding twenty days.
Section was then taken up.
Sec. 2. The Supreme Court shall consist Of fit
> jndges, three Of WHOM shall form a quorum: an
t cases, be necessary to decision.
Mr. Burr moved to strike out five and il
! scrt four, upon which he addressed tue Cor
vention. lie thought four sufficient to do til
work.
, Mr. Edwards opposed the proposition
!, -Four Judges could not do the work.
l Mr., Ficklin WAS i'll favor Of three Judge;
2 two to fcrnl quorum, aud it requiring two t
7 decide case. He made a wild sort of
I speech upon the subject, pitching into til
: written opinions Of the judges, asserting the
:, ought to lie stopped, &c, Nc.
!, . Mr. VMtlvcny was in favor Of the sectio
as reported.
. Mr.. Burns was in favor Of five Judges, au
: made an excellent speech upon tue Question
hlr. Burns is a man who seldom speaks. bu
Nhtn he does he always talks to the purnos,
4 aud never for buncombc
! Mr.. Thornton WIS in favor OF the section a
: reported. The Court, as at present constit1
= ted, is utterly unatIc to do the business befo1
it.
Mr.. Vandeveer attacked the Court for nj
!, Going the business before
u Mr- Fuller Qnterrupting) said that from
!. communication in the Office Of the Sccrutay
~ Of State, from the judges, it can be seen tht
= the present business Of the Court requires
:. the time Of the Judges, and that even thc
they are unable to. accomplish it in tho va
IS that it properly should be-
J Mr. Allen Of Williamson said he should SUI
J port Mr. Ficklin's amendment, and made
!, lengthy speech in fvor OF the same.
u Judge Purple made and able speech in fayt
Of five Judge. The Judges must examine a
Z. the authorities presented and they are hume
d GUS, as every one knows that lawyers cite a
n the authorities having any possible bearing i
d the cases. Theys must then write out the
o opinions. II we are to have less number
l. Judges, in the name of God let US have b]