the longest period. Its Supreme Court, which is only an inferior court, can never be held by less than three, but may consist of more, of the District Judges. It is, therefore, required to be more numerously composed than our Supreme Court, although it is not their court of last resort. Our Constitution authorizes two judges to hold our Supreme Court, and never requires more than two to decide any case whatever, and from their decision there is no appeal. The judges in New York are to be elected by the people; but at such times as the Legislature may see fit to prescribe.

It is worthy of particular attention that not one of the other States whose court of last resort is composed of but three men, has permitted either of the three to be elected at a general political election, whilst under this Constitution that prohibited election is the very one which is fixed upon. In Iowa, the Judges of the Supreme Court are elected by the joint vote of the two houses of the General Assembly. And the District Judges are elected at the town elections, held at a different time from the general elections. In Illinois, the judges are elected by the people, but a different time from the general election is fixed by the Constitution for that especial purpose. In Missouri, the Judges of the Supreme Court are appointed by the Governor, by and with the advice and consent of the Senate. And the Circuit Judges are elected by the people; but a special judicial election is there also expressly required by the Constitution; which exempts them, as far as is possible, from mere partisan control. In Arkansas they are elected by the joint vote of both houses of the Legislature. And in Texas, the only other State in the Union whose judiciary is constitutionally organized with such a trifling number of men in their courts of last resort (except Mississippi and Tennessee, where they each have a different judicial system and a separate Court of Chancery,) in Texas, the judges are all appointed by the Governor, by and with the advice and consent of two thirds of the Senate. I get this information from the constitutions of all the States which I have named, as published within the last three years; and I presume I have stated it correctly. Besides the different modes of selecting their judges (which alone is of so much moment that our judicial system is no longer fit to be compared with theirs), the constitutions of each of those States differ in other, and sometimes important respects, in relation to their judiciary. They generally impose particular qualifications which their judges must possess; and take precautions against the three men who

are to control their judicial power, being elected wholly from any one or two portions of the State; and contain other important precautionary measures. But our Constitution not only has none of the precautions which the others contain, but has none whatever of any kind. Indeed, whilst of all the States in the Union, not one has such a migratory and unsettled population, or can possibly require such extreme caution in the selection of its judges as our own, yet the provisions of our Constitution compel us to endure a system which is, in this respect also, completely destitute of any precautions, and is, soberly and truly, absolutely reckless.

How any man of sense can expect, or what reason he can have to suppose, that justice will ever be well and regularly, or even tolerably administered in this country, until there is a change of the Constitution, it is impossible for me to conceive. Our entire judicial system is wrong. The whole organization of our Courts County, District, and Supreme-is grossly defective; and the latter is undeniably, and, I think, most disgracefully bad. For my part, I have never yet heard a lawyer or any one else speak well of it, although I have been here ever since it was unfortunately and without necessity, and, I think, without excuse, foisted upon our State by a vote of probably not onefifth of the electors then in the country. And I confess, if I ever should find a man to speak well of our present judicial system, I would be forced to conclude, in spite of all charity, either that he was a Judge whose term of office has yet long to run, or that he spoke without candor, and from interested motives, or else that he was destitute of the most ordinary intelligence.

NOTE.--Since this speech was made, some material changes have been made, by legislative amendments to the Constitution; but nothing at all important has been accomplished, except merely to increase the number of attorneys on the Bench, and require a special judicial election. The dreadful heedlessness of the organization is still continued. That speech of nineteen years ago was concluded in the following language :

CONCLUSION.

Sir, men may well ask how we could have gone on at all with our State government, even as far as we have, if this Constitution be really as grossly defective as I have represented it to be. But, sir, we have not gone on. We have gone just where we might have been expected to go. We have gone backwards. We are going backwards now. Our public revenue, instead of increasing, is becoming comparatively less and less, and this

Government is perhaps imperceptibly, but in reality, sinking lower and lower in strength, efficiency, and usefulness. And I confidently believe that no man lives who will ever see us ascend and attain our true position, and the great prosperity and happiness which this country is so well calculated to afford us, until he sees this Constitution totally and thoroughly reformed.

Sir, the workings of this judicial system have now been tried here for six years; and years ago, its failure was discovered and admitted, and measures were attempted for the Legislature to afford relief. But year after year and year after year, have men assembled in these halls, and heard the concealed complaints, then the stifled execrations, and then the universal whisperings of the people of the whole State against their Courts of Justice, and the mockery with which they generally perform their offices; until these complaints and execrations have become as loud and threatening and irrepressible as the thunders of an outraged firmament, and have broken and burst asunder the withes and bands of law, in a thousand localities of the State. And if we ever intend to do anything at all for the relief of the country, it seems to me it is our duty to do so immediately. Sir, in order to determine what course we ought to pursue upon this subject, let us look back, for an instant, to the conduct of our ancesters. Let us call up in our minds, the memories of Washington, Adams, Jefferson and Franklin; and hosts of men of their times, of equal honesty, probity, ability and patriotism. How would such men act under the same circumstances which now surround us? How would they conduct themselves under such political curses, as we, their descendants and countrymen are enduring and permitting, here, in this American State? Would they have permitted themselves to be thus long and basely abused by a government so entirely unsuited to their condition and situation? Would they live under an equally defective Constitution, and encourage no reforms? Would they remain indifferent under such abuses, or turn traitors to every principle of true honor and patriotism? Would they remain indifferent to official depravity, and the increasing spirit of public immorality? Would they be guilty of the disgraceful conduct of remaining inattentive to the welfare of any of the great States of the country of which they were citizens? Were they the kind of men to determine to flee from such a country as this, as soon as they could filch from its generous and prolific stores the means of support? Would they ever cease to be Americans in any portion of America? Would they

7

be guilty of seeing a great American State sinking into disgrace, without making an effort to redeem it? Indeed, is such conduct becoming to citizens on any portion of American soil? Is any man of such thoughts and actions worthy of the name of an American? Sir, what is there in this country, which can induce good men to hate or desert it? I know of nothing whatever even to find fault with, except its government. In every other respect it is not merely unsurpassed, but wholly unequaled, by any other State whatever.

Indeed, sir, where else, in all this Union-where else, on all this continent-is there a State so magnificent? And yet the tenderness and dangers of its infant years are being passed amidst the greatest political indifference and abuses which any American State has ever before endured, from those who claim to be its own citizens. Indeed, it is blessed by nature, and cursed by nothing but what we ourselves can remove. Is it not our State; is it not our country? If not, then where is our State, where is our country? Probably none of us will ever again live permanently in any other. And in itself, certainly no State, either in history or in song, ever had so wonderful a beginning, or (with the blessing of God) so noble a career to pursue.

With resources more extensive and exhaustless than great nations and kingdoms possess; with a sea-coast standing for a thousand miles upon the very ocean whose commerce has excited the cupidity of all Europe for ages past, and is the coVeted boon that has at length embroiled its greatest nations in destructive war, and with a soil and climate more blessed than Italy - what single State, in all the limits of our country, is so happily prepared by nature to sustain a great and happy pation? And what State, among all our Republics, is more worthy to excite our pride, our patriotism, and our entire and absolute love and devotion?

No State ever before has been, or probably ever again can become, a part of the American Union, which is so, rich, so vast, so magnificent, so lovely.

rope.

Indeed California to America is truly more than Italy to EuIt is true we have no architecture, no sculpture, no paintings, no ancient monuments, no "noble records of a heroic race;" still, Italy was without them once; and we have, in very truth, all the beauties of her sky, all the deliciousness of her climate, all the pleasure of her lasting summers, and none of her fevers, none of her malaria, none of her siroccos, nor her

Pontine Marshes! Neither have we an Etna nor a Vesuvius; but of what use are they unless to destroy still more Catanias, or to prolong the horrors of a new Pompeii! She cannot approach the yield of our orchards, nor our grain-fields; neither can her olive trees, her oranges, or her grapes, yield more abundantly than our own, although she be blessed in song as "the dear land of the olive and the vine." Nor, indeed, have we a ROME! But-Italy had no Rome once. And now we are young, we are new; we have but just found the she-wolf's breast. And behold now the universal diffusion of knowledge; the wonderful achievements of art, and the amazing discoveries of science in this the period of our commencement; then remember hers! And then wait, in fancy, yet six hundred years, until our history be written! For we shall have a history, even more than Roman. And, what is more glorious for those who now live, our deeds have not already been achieved and "grown dim with age;❞ our monuments have not already been erected, and "fallen to decay;" but all with us is still in the future; our history is to be written; our monuments are to be erected.