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consin was to have such judges, but that she was to have good judges placed on her bench.

Marshall M. Strong did not mean to repeat what had been said by his colleague (Mr. Ryan) but wished to add thereto some of the reasons that induced him to prefer the amendment now proposed to the original section. He esteemed the amendment a highly important one both for the judge and for the people. If the circuit judge should never sit on the supreme bench, but be always engaged in the trial of causes, he would have no time or opportunity of having the principles of the law fully argued and settled in his mind; and of not less advantage to the judge was the knowledge of law to circuit than was the knowledge of business to the supreme judge. The people of the state of New York have seen the error of changing their system of a separate bench, and at the late convention there was an almost entire unanimity of opinion on this subject, and the old system has been restored. It is the system of the courts of the United States, and he had never heard any ground of complaint in relation to its operation. So it was in England, and her courts for the last one hundred and fifty years had remained pure and stood as the bulwarks of liberty, the boast and pride of the nation. Experience of America and England should have its weight on the question; true it will be said that our experience had been found to favor the amendment, that the judges of the territory of Wisconsin have not been found always acting on this high principle of adding experience to learning, a desire to act right without any regard to who made the decision. This he thought would be prevented by the elective principle, since a dishonest judge being brought in immediate contact with the people cannot expect a reëlection, should he ever be caught at logrolling through the supreme court by a decision contrary to the settled principles of law. Lawyers are not like politicians; a change of opinion is not considered an unpardonable offense, but they changing their opinion on various questions every day, being convinced on authorities or arguments of others that they were in error. That the system proposed by the amendment is the best that can be devised has been admitted by the ablest men and best judges that have ever sat on the bench.

Mr. Baird had come here strongly prepossessed in favor of separating the supreme court from the circuit, as being the better way to obtain a faithful administration of the laws, and without which no good government could exist; though he had been of that opinion, yet he was willing to concede after what he had heard from gentlemen who had thought different from him that he began to doubt whether it would be best to divide them, and could some objections he could name be removed from his mind he would give his assent and support to the amendment. He believed the experience of this territory had been such as to convince him and the people generally that a system of logrolling had existed among the judges to sustain each other's opinions, right or wrong. It might not be so, but that was the general opinion of the bar, and the decisions of the court gave ample grounds to sustain the belief. If he could be convinced that this system will not be continued, he could then lend to the amendment his support.

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Another objection he would mention to the system was the impossibility of five judges performing the duties of the circuit and supreme courts. Under the present system many of the counties had suffered materially for the want of time or willingness on the part of the judge to do up the business of the court. This had been particularly the case with Brown County. three judges have not been enough to perform the business thus far, he could not believe that five would be able to do it for the next ten years. The increase of population has been beyond all calculation. When those who professed to know the most set down the amount at 100,000, and for that estimate were set down as visionaries, the census was taken and the report took the whole territory by surprise. What is to prevent the same increase for the next ten years? There is still much land unimproved, and more still in the hands of the Indians and which will probably be treated for in the course of the ensuing year, and the day is not far distant when it will be all filled up with inhabitants, formed into counties, and require courts. Gentlemen should remember that the constitution is not for the present state of the population, but an eye should be had to the future, when these new counties shall be filled up. Therefore if

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five judges should even be able to do the work now, they will not be able to do it for any length of time.

Mr. Tweedy agreed fully in all that had been said by the two gentlemen from Racine in relation to the effect of the labor of trying causes and revising the decisions on the supreme bench upon the mind of the judge. He was also in favor of bringing the judge in contact with the people, that he might keep pace with business, and that they might become acquainted with him. But place a man on the supreme bench and he may sit there for years a perfect dummy, never deciding a cause; if his brethren impose the burden upon him, he will evade the point of issue and decide on some immaterial one. Of such a man the people can know nothing. Not so when the judge holds the circuit court then and there the people will be able to judge of the capacity of the man for a judge. Wisconsin might have such judges unless the amendment should be adopted. This argument had more weight in his mind than any other to make him favor the amendment and the system it proposed.

Another thing should be considered by gentlemen-our judges were to be young men, because there were not among us men of age and judicial experience, as there are in some of the states. Could gentlemen name the man they would place on the bench to sit in final judgment on a case without further experience and practice? J. C. Spencer says that the business of a judge is a profession; and he had often heard Sherman say that he knew nothing of law until he began to practice. So the judge wants the practice to make him perfect, and this can be obtained only in the trial of causes. Very few of the many cases tried and points of law decided at the trial are carried up to the supreme court; and what do go up must be repictured to the court that they may have a correct understanding of it, and the mind be able to receive the impression. How can this be done when the judge has no idea of what occurred at the trial of the cause? Unless there was a probability of placing on the bench men of thirty or forty years' legal experience, the supreme and circuit courts ought most certainly to be the same. Nor is it safe even then, for an active mind—and no other could acquire the necessary knowledge-might, if placed in an inactive position, be

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