Report of the debates and proceedings of the Convention for the revision of the constitution of the state of Indiana. 1850.

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ii1Mr. MAR 3C. I do nlot desire to occupy sioners, however, we leave to the Legslature
the time of the Convention on the present to determine as to their term of office; and thea
occasion in making what is here corn- reason why it is left to them is, because it is
monly called a speech; for time, I appre- impossible for the Convention to determine
hend, is becoming much more valuable than how long it will take to accomplish the work.
speech-making, even in the opinion of those It would be utter folly for the Convention to
who have heretofore been most prodigal of it. say -how long these officers shall be employed
Contrasting, also, the votes taken with the in simplifying tne rules of pleading. They
speeches made upon many questions in this may be occupied but six months, or one or two
body, one would be led to conclude that speak- years, or perhaps even longer. Whatever time
ing, like blank discharges of artillery, was it requires, it will be money well expended. It
much more effective in uncovering and disclos- was well said by the gentleman from Posey
ing the weak point in the position of the party (Mr. Owen) yesterday, that, if the framers of
employing it, than in damaging that of an an- the present Constitution had placed but five
tagonist. I propose, therefore, simply to give lines more in it, millions squandered in fruitless
in my adherence most strongly in favor of legal undertaking might have been saved to the States.
reform. So far as relates to a system of prac- go a vast amount of expenditure, compared
tice and pleading, I am for no partial, half-way with which the cost of these commissioners
reform, but for a thorough re-building from the will be as nothing, may be avoided by a simplifoundation. I am for reform, not in that spirit fication of the rules of pleading. Look at the
which says: "V ell, if you will have reform, report of the Audittor lying upon our tables,
take it; you will get enough of it; it will only and see the expense of litigation in Indiana,
increase litigation, and put money in the pock- arising under our present system of practice
ets of the lawyers;" but in that other spirit, and pleading. It is a relic of a barbarous age,
which goes to work in good earnest to ascer- and is well calculated to foster the spirit of littain what and where are the existing defects, igatioi. It breeds and keeps up a feeling of
and to remove them and supply their place contention and strife in the community. A
with new and simple provisions. Whilst we large portion of the time of courts and lawyers
are advancing with such rapidity in reforming is taken up in discussing and deciding points
the whole process of making laws, why should and questions-which have nothing to do with
not something be done in the administration of the merits of a case.
them? And, sir, with all due deference to gen- If you really desire reform, you must throw
tlemen, I think that the only way in which it away all this old rubbish-these relics of the
can be accomplished is by the proposition feudal times. I would as soon think of buildcontained in the section, making it imperative ing a granite fortress upon a log cabin foundaupon the Legislature to appoint commissioners, tion, as imagine that the Legislature could erect,
and pointing out the duties of those commis- upon the narrow, contracted forms of the comsioners. mon law, a correct system of administering
It is admitted on all hands that there is need justice. You might as well undertake to fashof reform. I have heard no member speak ion a well proportioned and finished statue like
who has not admitted the fact; and the ques- the "Greek Slave," by patching over a rude
tion is, how can it be best accomplished? The heathen idol with chips of marble, as to congentleman from Hancock (Mr. Walpole) says struct a simple and consistent method of adthat, under this section, the commissioners are ministering the law, when tied down by the
to lhold their office as long as the Constitution arbitrary rules of the special pleadings of the
exists-there is to be no termination to it. Is common law. These old forms must be swept
it so? I believe, sir, that it is not. "Provision away, and the foundation of our system of
shall be made by law for filling vacancies, reg- practice and pleading laid broad and deep as
ulating the tenure of office, and the compensa- justice itself. I believe it can be accomplished,
tion of said commissioners," &c., &c. What and in no other way but by making it imperais the meaning of "regulating the tenure of tive upon the Legislature to appoint these comoffice," if it does not give the Legislature the missioners. Let them be able men, appointed
power to say how long the commissioners shall without reference to politics, or iheir profession
hold their office'! When their duties aretermi- or business; and, above all, let them be men
nated, and the work assigned them is satisfac- who have at heart the success of the cause in
torily completed. which they are enlisted. I think such men can
Mr. WOLFE (interposing). We have reg. be found in Indiana; if not, let us send abroad
ulated in regard to the tenure of all our offices. and get them. Let gentlemen beware of the
Could not these commissioners sit one, two, counsels of those who pretend to be the friends
three, or even five yearsT of this measure, but at heart are its enemies.
Mr. MARCH. I will answerthe gentleman. Of all opponents, as was well said by the genWe have decided in the Constitution what shall tleman from Clark, (Mr. Gibson,) those who
be the tenure of the office of Governor, judges pretend to be the friends of a neasure are the
of the courts, &c., &c., &c. These commis- most dangerous. Now, sir, this report is a