As people often fail to agree with regard to their relative rights and duties, and as they sometimes violate their agreements with each other, and even violate and disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and decide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These determinations are called judicial. Upon the organization of the Northwest Territory, courts were established and laws promulgated for the proper government of the same. The first to take shape was the Court of Common Pleas, established by the Governor and Judges at Marietta, August 23, 1788. This court was composed of not less than three nor more than five Justices, appointed in each county and commissioned by the Governor, "to be styled the County Court of Common Pleas," whose sessions were held twice a year in each county. By an act passed at Cincinnati, November 6, 1790, this court was authorized to hold four sessions per year for the greater facility in the transaction of business, and the number of Judges were increased, to not less than three nor more than seven in each county. Beside the regular sessions, these courts were empowered to hold special terms, as often as necessary, while their powers and duties were fully defined and regulated by law.
On the 30th of August, 1788, the General Court of the Territory was organized for the trial of "civil and criminal cases." Its sessions were held once a year in each county, and November 4, 1790, the time and place for holding said courts was defined. An act eas adopted from the Virginia statutes July 16, 1795, giving the Judges power to continue suits in necessary cases.
Probate Courts were created by an act passed at Marietta August 30, 1788, establishing a Judge of Probate in each county. He was authorized to hold four sessions annually, and special sessions whenever necessary. Probate Judges were appointed by the Governor, and had charge of all probate and testamentary business. Their decisions were not final, but they could call in two Justices of the Court of Common Pleas, who, with the Probate Judge constituted the Court of Probate, which had power to render final decisions and decrees in all matters cognizable in said court, subject, however, to appeal in all cases to the General Court of the Territory.
The act establishing Orphans' Courts was adopted from the statutes of Pennsylvania, June 16, 1795. They consisted of the Justices of the General Quarter Sessions of the Peace, and were created in each county. These courts were domestic, possessing peculiar facilities for acquiring correct information of the condition of intestate estates within their jurisdiction, and much was intended to be confided to their discretion because their proceedings were ex parte, and in most cases operated upon and effected the rights of minors. They worked in harmony with the Judge of Probate, and their duties and powers were defined in conjunction with his. Upon the organization of the State judiciary April 15, 1803, all business of a probate or testamentary nature, pending in the Orphans' Courts, or Courts of Probate, was transferred to the Courts of Common Pleas; and the law of 1795, defining the limits of judicial power in relation to intestate estates remained in force. Thus the Court of Common Pleas was endowed with all the former duties and power of the Probate and Orphans' Courts, and so remained until the adoption of the new constitution, when the office of Probate Judge was created as it exists to-day.
The General Quarter Sessions of the Peace were established August 23, 1788, to be held four times a year in each county. This court consisted of not less than three nor more than five Justices, who were appointed by the Governor. It was created for the trial of small causes, and its jurisdiction was defined by law.
Circuit Courts were created by an act approved December 9, 1800. They were held annually in the several districts into which the Territory was divided, by one or more Judges of said Territory, to which cases from the Court of Common Pleas were taken, removed or appealed. These several courts comprised the Territorial judiciary, until the admission of Ohio into the Union.