Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1828-04-11

Ot letter Ut the l4tsl ttist. aut VI VP"'l
that spon the facts set forth in the said petition, II
is the duty Of the Executive to make an appoint
ment of another Judge in one OF the Courts. i.
"Itappears from the petition, that IN suit lnsu
tuted upon the equity side OF the Court OF Common
Pleas, for Kent county, the petitioner has taken an
appeal from an interocutory order from that Court
to the High Court Of Errors and Appeals: Aud IT
is true, as stated in the petition. the appellate lur's
diction cannot now act in the cause, for the want OF
a Constitutional quorum Of Judges qualified to sit
in the case.
1.-The petitioner has an unquestionable r'gnt 10
have his suit heard and determined. This privilege
is secured to him in Constitutional Professionally
the 9th Sec. AIT. lst, "every man, for AN INJURY
done him in his reputation, person, movable or ,ni-
movable possessions. shall have remedy by the que
course of law aud justice administered according to
the very right of the law of the land, without saie'
denial or unreasonable delay"
by the exercise OF Executive authority, the pc,
toner may be enabled to proceed III his cause, ana
enjoy right common to every other suor IN ourt
by having his cause decided by due course OF law.
without denial or unreasonable delay. But u the
Governor should refuse to yield to this appcali"n
the suit of the petitioner must rest IN court Of JUS
tice until the death resignation OF one OF the 'uds
res, who is disqualified to sit in the cause. such
refusal would but i'll accord With the Constitutional
injunction upon the Governor, that .' he shall take
care the laws be faithfully executed
"'rhe Constitution provides Tor the appointment
of four Judges in each o. the counties-the Supreme
Court, and Court of Common Pleas. The Govern
or is authorized to give effect to this provision
and the petition presents case almost as concfusioey
demanding i, as if expressly enumerated ~ ne
4 Constitution.
/ Here then we have the solemn opinion of Mr.
/ Attorney General ROGERS, who is one OF the prn-
cipal and leading men in the Jackson party-advi-
!, sing the Governor that he IS bound by the Constu
ton and by his oath Of Office to make the appoint
|ment of a fourth Judge-upon the faith OF which
opinion the Governor did appoint Mr. Rowland to
the Supreme Court And now, for this act, the sIov-
lernor is abused and yhed in the columns OF the
Gazette, by the very men and their coadjutors who
advised him to the measure--and the citizens OF
delaware are told that they are to be burthened
with an oppressive tax--with the dreadful tax Of
a tartting piece 10 support this fourth Judge.
The constitution provides for four Judges IN each
> of The courts of common law, one OF whom OF each
court shall reside in each of the counties. When
+ therefore, Mr. Batson resigned his seat in the Su
). preme Court the Governor was absolutely bound
j. by this provision in the constitution to fill the vacan
r cy, by an appointment Of some person in Sussex
J. County-and this duty he performed by the ap
i pointmcnt of Mr. Dngle. The same may be sale
Of Mr.. Naudain--his appointment was made 10 sup
.,'py the place of Mr.. Way, resigned. Mr.. Claytol
. was appointed to ill the vacancy in the Chief Jus
tees seat occasioned by the death of Mr.. Booth
p But say the Jacksonlwrters the Gazette Citizen
'e of New Castle County, presume) why not have Sc
s' llected the Chief Justice IRON Newcastle County
= am sure, the constitution did not limit the Gov
III ernor's selection to that county. The true mcann
and spirit of the constitution are obviously Other
T. wise The trainers of that instrument, in fixing tn
u number Of Judges in each of the courts to four
VI chief Justice and three Assoclaes-one of whol
= must reside in each Of the counties, wisely lett 1t
~ the choice and discretion of the Governor to max
" the selection of Chief Justice from the whole STATE
"e That office, being of higher importance than an
e other the bench, should be filled by men of I'll
greatest talents, legal requirements, and integrity
w. nd the Governor IN selecting such a man, shou
VI have the range OF the whole State--and not be
"a fined any particular countyno, not even to Ne'
H.; Castle County, By promoting Mr.. Clayton to tn
IL office, Mr.. Polk has wisely exercised sound iii
erection and honestly discharged the duty impos
,na upon him by his oath and the constitution.
~ calling that gentleman to the Bench, he has add
no thereto whatever otprobty, oftaents and of wisde
III; in the law. that preserve our judicial procee
nas ngs pure and valuable. Possessing mind car
80 BILE of almost intuition ia the law-stored with I
wac fruits OF twenty years study and practice
,,, adorned with honesty that is unyleding and
The sense justice that knows Partially, Mr. CT;
and ton will be an honor and an ornament to our Ju
laIl cature.
,ree One word more, Mr.. Editor, and | have dt
ces- WIN tnis supJuc' IL wi'i oe rtnemoereu that
and seat of Mr.. Way becam" vacant by his resgnat
e. before the death of Mr. Booth There was, the
An fore, at that time, manner of necessity for fill
nro his place. nasmuch as MIR. Booth was of the sa
rust Court and resided i'll the same county with
curt Way. Yet the most prominent and leading mer
3. of the Jackson party in New Castle county their
e. can be given, and their petition too, if they pre-
the W preferred their petition to Governor Polk soil
this ing and urging him to appoint certain frie.o
is as thsHS 10 M 'he vacancy Inc measure DeiRs
the that time. for the already stated, enti