l W. L. D. Ewing, in the following terms:
"The augmented population of the State, the multiplied number of
organized counties, as well as the increase of business in all, has
long since convinced every one conversant with this department of
our government of the indispensable necessity of an alteration in
our judiciary system, and the subject is therefore recommended to the
earnest patriotic consideration of the Legislature. The present system
has never been exempt from serious and weighty objections. The idea of
appealing from the circuit court to the same judges in the Supreme Court
is recommended by little hopes of redress to the injured party below.
The duties of the circuit, too, it may be added, consume one half of the
year, leaving a small and inadequate portion of time (when that required
for domestic purposes is deducted) to erect, in the decisions of the
Supreme Court, a judicial monument of legal learning and research,
which the talent and ability of the court might otherwise be entirely
competent to."
With this organization of circuit courts the people have never
complained. The only complaints which we have heard have come from
circuits which were so large that the judges could not dispose of the
business, and the circuits in which Judges Pearson and Ralston lately
presided.
Whilst the honor and credit of the State demanded legislation upon the
subject of the public debt, the canal, the unfinished public works, and
the embarrassments of the people, the judiciary stood upon a basis
which required no change--no legislative action. Yet the party in power,
neglecting every interest requiring legislative action, and wholly
disregarding the rights, wishes, and interests of the people, has, for
the unholy purpose of providing places for its partisans and supplying
them with large salaries, disorganized that department of the
government. Provision is made for the election of five party judges
of the Supreme Court, the proscription of four circuit judges, and the
appointment of party clerks in more than half the counties of the
State. Men professing respect for public opinion, and acknowledged to be
leaders of the party, have avowed in the halls of legislation that
the change in the judiciary was intended to produce political results
favorable to their party and party friends. The immutable principles
of justice are to make way for party interests, and the bonds of social
order are to be rent in twain, in orde
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