Delaware gazette and American watchman. [volume] (Wilmington, Del.) 1828-1837, 1831-08-12
THE CONVENTION.

ject Of the proposed convention for the alteration of
the constitution Of state has favored us with an
other essay upon the some subject; but while he pro-
fs'ses to be in favour Of the measure he seems spo
sed 90 know from us what are oar views, more with
the design 10 make objections them than to consider
their prosperity, suggest amendments Of his own
But a. we have nothing conceal we shall not COM
plain Of his course, but will endeavour to answer his
objections 70 the plan We have proposed for Judiciary
system. sst..4a
We wiils however, first remark that we consider
ourselves fully Justified from the considerations Of
which have aread stated, in considering the Clay
party in our state as opposed the alteration of the
constitution of the state particularly Prospects the
Judiciary; and would now RENAL as an additional
evidence Of the truth of belief that in Sussex coun
~ they have placed and Associate judge on their con-
vention ticket, whose interest will naturally lead him
20 oppose any such alteration.
Our plan is objected to because il provides for but
one Judge; but We can see reason why single
Judge will not for the courts Having the same
jurisdiction that the "Common Pleas and ,Su
preme" Courts now have, well for the court Of
chancery. If asa judge of common court jurisdiction
interested SO may the chancellor. and then by the
plan Of alternating need not be suspended on ac
count of his being interested for more than one term
which can be a matter of no great Importance in an
extraordinary case The plan is objected to because
IL to have but lawyers and Phlo Viude
thinks that the people would be unwilling to submit
the decision of th~r to none but LAWYERS: but
we can see no more objection to trusting LAWYERS in
matters taining to the law, than trusting to phys
cianyn matters pertaining to physc. Does he when
Sickness Hssaiis him send fot physician and lest the
physician SHOULD prescribe something jur;e. ,i,
send for farmer mechanic control and override
his prescriptions! Il is true that man who has not
read law may understand the laws he has made, or
might have assisted In making, and might mechanic
any oherperson, administer particular dose Of ply
the latter could not be expected understand
every disease and the particular remedies be
applied in all cases. neither can man who has not
made the law his study be likely understand howto
apply all the rules Of law which necessary to be
derstood in the decision of an intricate case. Phlo
Vindex must be sensible that but few cases depend
upon any particular law and that twould be impossible
30 to frame statute law embrace all the points Of
a case; and as well might we expect that man who
had never studied physic should undertake perform
the part of physician, because he knows what will
suit his in particular disease, to suppose
that man who has assisted in making law to bearup
ON particular subject, be able TO understand the
whole range of the law which many years of the most
laborous study will scarcely enable the strongest in
tellect among us thoroughly tounderstand And why
should we be more unwilling totrust to the decision OF
lawyers in case escting legal rights, than to
physician in one connected with life and health! They
would be equally disinterested, and the opposition tc
trusting to lawyers in matters Of law, must, think
be the result of an unreasonable prejudice But Phils
Vindex objects TO plan because some Of our friends
have proposed increase the salaries of the judges
toa sum which would make thecost of the new judi
eiary equal to what it is. We are surely not &C
Sounable fr the opinions of others, though they may
be oer friends They mnst answer for themselves.
Our plan for court Of appeal he thinks good; bu
.tilI he makes an objection to il because judge o
sneellor may be sick or may be interested in cause
ana then the remaining twojudges who have not dec
ded in the case below may be derided in opinion,
which case there could be decision. There is cei
tsnly difficulty in this ease; but suppose there wer
pfoysoa that in such cases the Senate should be r'
ilared to decide, which believe is provided for
some other states This difficulty, without some pr
vision Of the kind, might exist under any plan TIL
could be devised. As courts are organized the
can be no decision by the court of appeals in ca
tried by the supreme court, in which judge of Il
court Of pleas isintrested without the appon
ment of an additional judge, and there is liability
imam Of legal knowledge being overrulel on an o
struse point Of law by men who know but little abe
1t. The same difficulty would, we admit, exist
the case Of appeal to the senate proposed by
but as il woad Be case Of rare occurrence. unless