No. 6.

[ No. 6. ]

MEMORIAL of F. J. Littlejohn, praying for a division of the 9th Judicial District.

To the Hon. the Senate and House of Representatives of the State of Michigan in Legislature assembled:

The memorial] of F. J.Littlejohn, of Allegan, in said State, respectfully showeth :

That the Ninth Judicial Circuit of said State, as at present organized, embraces the territory of seventeen counties in the Lower Peninsula, including the islands in Lake Michigan, composing the county of Manitou. A reference to the map will exhibit a continuous shore-line jurisdiction (without reference to the principal indentations) of at least two hundred and fifty miles.

As a matter of fact, throughout this extent, there is little or no coastwise trade cr Lake navigation, and of course no regular facilities for transit or travel. The business transaction of the residents is mainly by water with Chicago and other points on the west side of Lake Michigan; thus forming, on this side, isolated settlements with small interest in common, and with apparently as little desire to

open a communication and business intercourse coastwise with their neighbors.

The result of this isolation in position, interest and feeling is apparent in the fact that in the large portion of said Circuit, north of the Muskegon river, there is not on the shore, or inland, a wagon road even that can be made available in passing to and from the respective county seats. In attempting to discharge his official duties, your Circuit Judge must travel on horseback with frequent startling transitions from the beach to an inland trail, still farther diversified by clambering over accumulations of drift wood, swimming rivers, climbing sand hills or plunging into

morasses.

All this might be borne by one, even if he were not in search of incidents to fill a volume, were it not for the island branch of the service. To meet with certainty Term appointments, the only reliable means of reaching the county of Manitou is via. Chicago, and thence by steamer in the line of travel touching at Beaver Island. Between this and the next point on the main land, (Grand Traverse city,) a distance of many miles, there is no regular, certain or safe means of transit. The consequent risk of a failure to connect the County Terms of the Circuit, by a series of appointments, is thus greatly enhanced, especially when it is remembered that for weeks at a time, both spring and fall, no sane man would venture out in a keelless oar-boat.

Your memorialist would respectfully suggest that a Circuit thus organized and thus situated, having an extent of territory far greater than any other Circuit, and quintuple that of some of them-with facilities for travel through much its largest portion by far less than those of the least favored of the other Circuits -fearfully exposed by its 250 miles of Lake shore, and its inaccessibility by land, to depredation and every variety of crime, is entirely too large and unwieldy for the proper, systematic and efficient

administration of justice (through the organism of Circuit Terms) by one man.

Your memorialist, therefore, respectfully submits that a pressing necessity exists for a division of said Circuit by an east and west line drawn at least as far south as the north line of Manistee county. If such a request should be by you deemed unreasonable, then your memorialist would still further suggest for your consideration a proposition to attach the county of Manitou to the county of Grand Traverse, for judicial purposes. By a like exertion of power, and for like reasons, the county of Emmett was thus attached in the act organizing said Circuit.

If, however, the suggestions of your memorialist shall each in turn fail to enlist your favorable regard, then your memorialist would respectfully crave such other relief to be devised and perfected by Legislative enactment, as shall remove the evils complained of, or furnish adequate' means successfully to struggle with and surmount the

same.

F. J. LITTLEJOHN,

Circuit Judge of the 9th Judicial Circuit.

January 16, 1859.

Mr. Conger, from the committee on the judiciary, to whom was referred the foregoing memorial, submitted the following report thereon:

The committee on the Judiciary, to whom was referred the memorial of the Hon. Flavius Josephus Littlejohn, Circuit Judge of the Ninth Judicial Circuit, praying

1st. For a division of the Ninth Judicial District, and in case this prayer cannot be granted, then praying

2d. That the county of Manitou may be attached to Grand Traverse county for judicial purposes. And in case the Legislature should refuse to grant either of the above requests, then praying—

3d. That the memorialist may have such other relief, to

be devised and perfected by Legislative enactment, as shall remove the evils complained of, or furnish adequate means successfully to struggle with and surmount the same;

All of which prayers, together with other matters of thrilling interest to your committee, will more fully appear in said memorial, herewith returned;

And all of which your committee have had under earnest consideration.

Your committee are of the opinion that the Ninth Judicial District should not be divided into two Judicial Districts, if for no other reason, for this, that your committee are unwilling to incur the ill-will, if not actual hatred, of that portion of the people of the Ninth Judicial District who would thus wantonly be deprived of the judicial abilities of the memorialist. As 'to the second proposition, that Manitou be attached to Grand Traverse, for the reason that it is impossible for the memorialist to go from Grand Traverse to Manitou, your committee are not fully advised how much greater the distance actually is from Grand Traverse to Manitou, than from Manitou to Grand Traverse, nor does the memorial fully show; neither are your committee informed at what greater convenience and economy the people, parties, witnesses, officers, jurors, &c., can go to Grand Traverse than the memorialist can go Manitou; and therefore your committee cannot make any recommendation as to said second prayer of the memorial

ist.

To the consideration of the 3d point, your committee approach with meekness and trembling, distrusting their ability to point out the relief probably anticipated by the memoralist.

It is true, (and your committee are bound to deal fairly with each member of the committee, as well as with the subject) it is true, that one member of the committee timidly suggested that the memorialist could escape the in

sufferable evils of his position by resigning his seat; but your committee are proud to assure the Hon. Senate, that your committee on the judiciary entertain too exalted an opinion of the judicial ermine, than thus to lay violent hands upon the bench, and pluck its ornament therefrom. Your committee would express regret that human nature is so constituted that the aspirant for political honors should so frequently, in his zeal to yield to the urgency of his constituency, neglect to foresee the dangers and evils of his coveted position; but your committee have faith "like a grain of mustard seed," in the bravery and endurance of the bench.

Your committee are not aware of any constitutional provision (and your committee make this confession with deep humility) whereby this Legislature can remove the Islands of Manitou county any nearer to the main land, or to remove the residence of the memorialist to the Islands.

Your committee regret this oversight of the Constitutional Convention, but feel bound to assure the Senate that this subject is the only one, discovered by your committee, unprovided for by our glorious Constitution.

Having thus reached the climax, your committee refer the matter back to the Senate, and ask to be discharged from the further consideration of the subject.

1