THE SUPREME COURT OF MISSOURI.
By L. C. Krauthoff.
The judicial system of Missouri has been the subject of many changes which have necessarily affected and controlled the membership of her Supreme Court. The lack of symmetry in the system has greatly contributed to impair the usefulness of that tribunal, and the uniformity of its decisions. The result has been to militate against a general recognition of the high authority and standing which those decisions deserve to enjoy. The fact that those who came to make up the early population of Missouri brought with them widely divergent views, and the recollection of many theories else where in vogue; the further fact that for a time the fierceness of political controversy dominated and dictated the course of legislation; and more recently the multitude of expedients suggested and being experimented with as remedies for a crowded docket, — all these combine to explain the want of a stead fast adherence to any one consistent plan.
The history of the court may be considered as resolving itself into five periods: —
1. The Constitution of 1820, under which the State was admitted into the Union, provided for a Supreme Court of three judges, and created a separate chancery court, to consist of a chancellor. It also provided that those officers should be appointed by the governor, and confirmed by the senate, to hold during good behavior until the age of sixty-five years was attained. In 1821, by constitutional amendment, the chancery court was abolished, and its jurisdiction vested in the Supreme Court. The offices of all the judges were vacated and directed to be filled as provided in the Constitution. This system prevailed until 1848. As all the records bearing on the subject were destroyed by fire in 1837, the exact date when the first judges were appointed cannot now be definitely ascertained. In Switzler's "History of Missouri" it is stated that "among the first duties of the legislature (which met Sept. 19, 1820), was the appointment of three Supreme judges." The reports of the court show that it held its first term in March, 1821. The records in the office of the Secretary of State, prepared from recollection in 1837, and since officially continued, state that the appointments were made in 1822. The probabilities are that the appointments were made in 1820, and that in 1822 the same persons were re-appointed to fill the vacancies declared in 1821. No such distinctive office as Chief-Justice has ever been provided for. In the earlier days by rule of court, and later by statutory and constitutional provisions, the Pennsylvania rule was adopted, that the judge oldest in commission should be the presiding or chief-justice, with the further provision that in case the commissions of two or more judges bore the same date, the court should designate its chief. Until 1875 the court held its sessions at different cities throughout the State, which were fixed and changed from time to time. These were sometimes three, and at other times four in number. The State was laid off into districts accordingly. The Constitution of 1875, among other reforms, provided for a concentration of the court at the State capital, Jefferson City. The first terms were provided to be held at St. Charles, St. Louis, Fayette, and Jackson. The membership of the court from 1820 to 1848, and the periods the several judges remained on the bench, may be thus summarized: The first court consisted of Mathias McGirk, John D. Cook, and John R. Jones. Judge McGirk remained on the bench until 1841, when he resigned. Judge Cook resigned in 1823, and Judge Jones died in April, 1824. Rufus Pettibone succeeded Judge Cook, and died in 1825. George Tompkins succeeded Judge Jones on
