Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1827-06-05

must accord with the Attorney General, in the
opinion be has given on this subject and be pleased
with the promptness with which the Governor has
determined to discharge the duty required Of him
by the constitution, under the peculiar circum-
stances stated in the petition and published in this
days paper. The memorial on this subject, now
addressed, as understand, for the first time to
the Governor, presents very novel case-of which
indeed We had heard but not SO fully understood as
the Petition, and the Opinion of the Attorney Gen
eral now enable US to comprehend. 1t seems to be
clearly case in which citizen has right to de-
mand of the Executive the appointment of Judge
to administer the laws, and which leaves to the Gov
ernor discretion as to the question Of its expedi-
ency. Whatever objections, therefore, the Govern
OF may have entertained to appointment of
fourth Judge, in the present case, it appears to US,
an appointment seems absolutely imperative.
We know it is thought to be expedient that the
person to be appointed, should be citizen of New
Castle County, inasmuch if the selection should
be made from either Kent or Sussex the Governor
would, in the event of vacancy in the office Of
Chief Justice, be restricted to single county, in
stead of having before him the range of the whole
state for the selection of suitable person to fill
that distinguished and important station. For the
constitution has provided that there shall be at least
one Judge in each county, and the same instrument
evidently intends to give the Executive the range Of
the whole State for the choice of Chief Justice. II
| 1t also appears to us to be expedient, that the
Judge to be appointed should be Judge Of the SUI
preme Court, nasmuch as the appointment Of an
| IA. I,,ln a. &c
not provide for future cases. similar to that which
now induces the Executive to make the appoint
ment Suppose, for instance, that in the stated
in the memorial, either party should hereafter APP
peal from another nterlocutory order, or from the
final decree bow could Judge appointed for the
Court OF Common Pleas, whose duty it would be to
sit on the trial Of the in that court in the first
instance, hear that cause in appeal? 1t appears,
E therefore, that he proper remedy for the existing
difficulty, and for others which may arise under
similar circumstances is the appointment of another
Judge of the Supreme Court If one were appoin-
ted for the Court of Common Pleas then, on anoth-
j err appeal in this cause, in another under like
circumstances, the party appealing would have an
unquestionable right to demand the appointment Of
a Judge in the other Court-that is--the Supreme
Court: whereas, the. appointment, on the present
t occasion, of Judge of the Supreme Court seems
not only to remove the present, but future similar
difficulty
: We have no doubt that the person who is to fill
this station will be selected with discretion and Wis
dom and that, in the choice Of the Judge, the in
elligence andrespectability ofthe citizen will be d
: ly considered.
: PRoMoTIoN BY THE GovEKNoR.--LIEuT. Cor.
MANSFIELD of the third Regiment, to be BRIGADrER
GENERAL, in the room of S. Fl. Block, deceased.
e SHERIFF,S OFFICE.