Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-01-23


RESOLUTIONS
Mr. Cubb: That the Door. keeper examine the I
condition Of the committee rooms, and report 10 1
the Senate Adopted.
Mr.. DoEney: That the judiciary Committee !
report bill authorizing competent officer in 4
The several counties 70 grant injunctous and writs
Of habeas corpus
Mr. Wolfe moved 70 amend By adding that said
officers also act as courts vi Cancellation.
Mr.. Raw hoped that the resolution would not
pass IN an imperative shape The Legislature
might make a change In the Judiciary. Ii was
urged that the Common Pleas Courts should be
abolished and other changes made
Mr. DOwney accepted Mr. Rays suggestion.
and consented u make the resolution one of in
quiry, and In that shape il passed.
Mr. Berry: That the Door keeper and assist
ants report the number Of employees each have
in their departments. Adopted
Mr. Williams: That the Door keeper receive
and distribute all documents ia the hands OF the
Secretary of State for that purpose. Adopted.
Mr.. Browne. of Randolph, called up an imper
alive resolution offered by him. instructing the
J Judiciary Committee TO report bill abolishing
the Common Pleas Courts and the office OF Dis
trict Prosecuting Attorney, transferring the bust
ness TO Circuit Courts, and increasing the hum
Der of judicial circuits.
Mr.. Cobb moved TO make it n resolution OF in
qury. The Committee on the Judiciary would
soon have a large amount Of important business
before them, and he thought the better practice
would be for members to get up bills aud let the
bills 20 to the committee.
Mr.. Browne. of Randolph, said his object was
to get an expression OF the Senate on the sub
ect. lie was not ~ all tenacious about the reso
luton being imperative, or did he care whether II
went to the Committee on the Judiciary or TO the
Committee on Organization OF Courts The
merits OF the subject could he a. well discussed
on the resolutions they could be IL bill was
prepared IL the expression was favorable, he
would assist in preparing bill
The amendment of Mr. Cobb was adopted.
Mr. March moved additional instructions, to
inquire into the expedieucy of abOlislling the
Grand Jury system. lie spoke at some length in
favor OF his amendment, AMI of the expense and
the tendency To inquisitorial power OF the
Grand Jury.
Mr. Ray opposed the amendment, as he would
oil propositions To strike at the judicial system oil
the country. He reversed the courts they now
exist, watered down they now are, anu com
mented with some severity upon the abuses that
have already crept into the judicial system. His
remedy for the expenses complained OF Was To
abolish the Common Pleas Court. give juris'llc
ton To the Circuit Court and make smaller CIR
cuts and give the Probate business Ia the Clerks.
it YOU please or To some competent hands, and
have il always open. Give good salaries-that
would SCENE the bes, talent. He regarded the
Grand Jury as the palladium of personal liberty,
instead of, as the gentleman would call Il, Star
Chamber. He would restore il to its original
jurisdiction You have got three systems now
the Circuit Courts. the Common Pleas Courts,
and the Justices Courts-and YOU have crowd
of Prosecutors who are, AZ general rule, utterly
incompetent and the result j.. the Judiciary is
degraded. nnd has lost the respect ct the people
He was Tor purifying by eevating the Judiciary
Mr.. Wolfe had no special object on TO any res
olution OF simple inquiry. lie was opposed to
aboshing the Grand Jury system. II he con
sentcd TO change at all, It would be tn restore II
to its original Jurisdiction. The simplihel sys-
TEN of the Judiciary had not worked any good.
as all lawyers knew Ii had heaped up litiga.
ZION. See how the reports had accumulated since
the change had been made lie differed. also,
with the gentleman from Shelby, Mr.. Ray. that
10 abolish the Court of Common Pleas would
lessen the expense. lie argued at length to show
that the increase OF the number ot Circuit Dis
,ricts would more than use up all the saving
made by abolishng the Common Pleas. He
Admitted there we're Objectionable Features ~ the
Common Pleas. but the remedy wis to reform
these abuses. The Objectionable features had
been Incorporated there by the enemies OF the
system for the purpose OF making IL odious He
was willing Ia take from u criminal jutis.
diction
Mr. New offered IA additional Instructions.
that the committee inquire into the cxpcdcncy oi
abolishlug tho criminal jurisdiction oi tho Court
OF Common Plea. aud restoring to the Grand
Juf-s iuris,liction of nll misdcmeanors concur
rent with Justices Of the Peace, ana requiring
tho Circuit Courts 10 hold criminal terms Ia any
county upon the request Ut the County Comm..
soners ~ such county.
Mr Mellett did not see the necessity Of two
Courts like the Circuit aud Common Pleas Courts,
Their jurisdiction was 80 nearly similar that they
mi hl be snd To Ice concurrent lie instanecd
the practice under these two Courts. and show ed
the confusion caused ~ the public mind by rucl,
mixed system ms We now have lie also op.
posed the abolshiug OF the Grand Jury. The
indicting, by information. would not work well
The prosecutors now farm out tho different
counties The Grand Jurors. coming from the
different portions of the county, examined into
charges Tor tiienscs, and came nearer doing JUS
tice than any system devised. lie would have
three terms OF the Circuit Court. IA each county
In the year, aud do away with the Common Pleas.
Mr. Browne. OF Randolph. had great 'enera.
tion for the old system Ut practice, aud Partlcu
larry Tor the Grand Jury lie replied tn the ar
guucnis al Mr. March The senator would take
the u wer from the hands Of twelve men and give
IL To oue man, u Prosecuting Attorney, who
would Get lot of FOUNDERS into an attic, and. as
Judge. jury aud prosecutor. he would rake up
every little petty otiense that the Justices of th.
town would not take notice ot. aud II he could
make q show OF "A case he would proceed. and II
not he would sell out Ia the p,rtics themselves
for two dollars AMI half AMI think hc had made
"A good speculation lie eloquent, culogizcd the
Grand Jurcs lie ar.u,d that the Common
Pleas Courts should bsaboshed, not because the
Judges. so lar rs he knew. we're not able aud
competent men, but because there vas no use for
two or three courts having the same jurisdiction,
as IL only created confusion. his theory at
simplif, ing the practice had robbed II OF all te
| speci He argued on the score of expense To
show that the Circuits could be increased 30 ~ Ia
enable il 40 do all the business. if the Common
| Pleas system VIA abolished, and the State would
save S6D 900 hy the change. Yon could reduce
the number ol the courts aud increase the salaries
and thus secure the best legal ability, and save
money IN the end lie rldicued the oonsiitu.
tiona provision which nude every man a lawyer.
asserting that 10 was from the class ol constltu'
,iona lawyers that th. class OF Common Pleas
! Prosecutors came
Mr. March had uo idea. when lac introduced
his little amendment. that be would stir np such
| legal storm lie was amused al the thudomon.
tade Of the gentlemen Who 80 grandsloquenlly
/ eulOgized the old systems OF practice, and Vet
| would pull down one OF our Courts and scatter
it, business every where. HE denounced the old
! Grand Jury system one OF the Ne~tges of and
remnants ui Journalism and de~poti,m Ii was
too late IN the day "a fight Tor those old masty
aud worn out forms. that were 80 he.gei round
with technicalides that justice was shut ont from
the common people tie went on TO cite cases