pointed he was considered a good lawyer; and he did not disappoint the bar while on the bench. His best opinion was in the case of the State of Indiana against the Vincennes University; and although the de cision was reversed by the Supreme Court of the United States, the minority of the court, including Taney, concurred fully with his opinion. After he retired from the bench he resumed the practice at New Albany. He was the reporter of one volume of In diana reports, a private enterprise, published in 1850 at New Albany. It is the smallest volume of any of the Indiana reports, and contains only twenty-one opinions not pub lished in Blackford's and the other Indiana reports. It in fact falls in part between Blackford's eighth volume and volume one of the Indiana reports. THE NEW SUPREME COURT. On the 18th day of January, 1850, the General Assembly provided for the call of a convention of the people of the State, to revise, amend, or alter the Constitution of 1 8 16. The convention met on the first Mon day of the following October; and an en tirely new constitution was framed, which took effect Nov. i, 1851. By its terms, as amended in 1881, the judicial power of the State is vested in a Supreme Court, in Cir cuit Courts, and in such other courts as the General Assembly may establish, — the Su preme Court to consist of not less than three nor more than five judges, a majority of whom constitute a quorum; and the judges to hold their offices for six years, " if they so long behave well." The legislature is required to divide the State into as many districts as there were judges; and one judge is elected from each district, who must reside therein, "by the election of the State at large." The Supreme Court is given jurisdiction by the Constitution co-extensive with the limits of the State, " in appeals and writs of error, under such regulations and restric tions as may be prescribed by law." It is
also given such original jurisdiction as the General Assembly may confer upon it. Upon the decision of every case the court must "give a statement in writing of each question arising in the record of such case, and the decision of the court thereon." The General Assembly is required to pro vide by law " for the speedy publication of the decisions of the Supreme Court made under" the Constitution; but no judge of the court is " allowed to report such deci sion." The clerk of the court is elected by an election at large for a term of four years. The judges of the court are made conservators of the peace; their salaries can never be diminished during the term for which they are elected, and they are not eligible during such term " to any office of trust or profit under the State, other than a judicial office." Neither the Constitution nor the statute requires of a judge any qualifications for the high office he holds. In this we have the reflex of the absurd clause of the Constitu tion, that " every person of good moral char acter, being a voter, shall be entitled to admission to practise law in all courts of justice." Indeed, more is required of an attorney than of a judge of the Supreme Court; for the latter is not required to have a " moral character," if he " behave well," or even to have been admitted to practise law. Thus the people have reserved to themselves the power to send any elector of the State to the highest (or to the low est) judicial bench of the State, regardless of his fitness for the position; but the spirit of reform has not swept with such resistless might as to place upon the Su preme Court bench any one who was not a practising lawyer, nor men who have not stood at the head or in the very front rank of their home associates. The poorest judges, in ability and learning, have been the appoin tees of the governors, to fill vacancies caused by deaths and resignations. This is strong testimony and argument in favor of the popular election of the judiciary.
