第60章 VOLUME I(60)

At the early period of the session, measures were adopted by the dominant party to take possession of the State, to fill all public offices with party men, and make every measure affecting the interests of the people and the credit of the State operate in furtherance of their party views. The merits of men and measures therefore became the subject of discussion in caucus, instead of the halls of legislation, and decisions there made by a minority of the Legislature have been executed and carried into effect by the force of party discipline, without any regard whatever to the rights of the people or the interests of the State. The Supreme Court of the State was organized, and judges appointed, according to the provisions of the Constitution, in 1824. The people have never complained of the organization of that court; no attempt has ever before been made to change that department. Respect for public opinion, and regard for the rights and liberties of the people, have hitherto restrained the spirit of party from attacks upon the independence and integrity of the judiciary. The same judges have continued in office since 1824; their decisions have not been the subject of complaint among the people; the integrity and honesty of the court have not been questioned, and it has never been supposed that the court has ever permitted party prejudice or party considerations to operate upon their decisions. The court was made to consist of four judges, and by the Constitution two form a quorum for the transaction of business. With this tribunal, thus constituted, the people have been satisfied for near sixteen years. The same law which organized the Supreme Court in 1824 also established and organized circuit courts to be held in each county in the State, and five circuit judges were appointed to hold those courts. In 1826 the Legislature abolished these circuit courts, repealed the judges out of office, and required the judges of the Supreme Court to hold the circuit courts. The reasons assigned for this change were, first, that the business of the country could be better attended to by the four judges of the Supreme Court than by the two sets of judges; and, second, the state of the public treasury forbade the employment of unnecessary officers. In 1828 a circuit was established north of the Illinois River, in order to meet the wants of the people, and a circuit judge was appointed to hold the courts in that circuit.

In 1834 the circuit-court system was again established throughout the State, circuit judges appointed to hold the courts, and the judges of the Supreme Court were relieved from the performance of circuit court duties. The change was recommended by the then acting governor of the State, General 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.