Delaware inquirer. (Wilmington, Del.) 1859-18??, 1860-02-11
THE ATTORNEY aENERALsHIP.

behooves the Democrats of the State to look
fer some suitable lawyer, and recommend him
to the Governor for that honorable position.
Who is or should be the man. il does not he
come your correspondent to proclaim. This
Ia the prerogatvc of the Democratic party Of
the State. am not disposed to assume it,
There are, however, certain considerations
which would like to present to that party,
and know OF no better medium than your press,
which has, or should have general circuln-
tion throughout the State.
The Attorney General is the highest legal
officer in the State. lie is ministerial off,
Ger, who acts for the government by which he
is appointed, as an attorney does for his en-
ployers He is the legal adviser of the Gov
ernor and all of his subordinstes. He Is BY
oath and honor bound without the hope of re-
ward or fear of displeasure, to prosecute all
offenders against our laws. He Is in fact he
officer OF the State to whom the intelligent,
moral, and responsible citizen must look for
protection in certain doubtful and perilous
times. This being admitted, the responsibility
of making the appointment is one of no ordin-
officer, or the least public evidence Of want of
ability to discharge his duties under all cir
cumstances, reflects first upon the State--next
upon the political party of which the officer is
or should be Il prominent member. and lastly
upos the Governor, who, upon the recon-
mendation of others, made the appointment.
In discussing this question it has been said,
that the Governor should not be censured If
the appontee failed to meet the expectation of
| the public, because he made the appointment
upon the recommendation of his political
| friends As regards most officers this is doubt
less true, but it cannot he applied to the At
torney General. Any gentleman of ordinary
intelligence, who possesses certain other es-
sentiais, can creditably fill most offices Of the
State, and such persons being generally men
| in private lilc IL cannot always be expected
the Governor would know-hcnce strong
popular recommendation is sometimes ncces-
sary TO justify the appointment. But rs re-
CARDS the Attorney General, the case is entire
" different. lie must be selected from the
members of the bar, and, by general custom,
of the political party OF which tho Governor is
the representative, or most prominent MEM
| Der.
The Governors Of Delaware have always
been notorious as men Of strong minds and
good common sense. They could of them
selves, from their necessary knowledge ofmcm-
hers Of the bar, who are, to n certain extent
public men, form pretty correct opinion Of
their respective qualifications. They know
who have experience, who have practice, who
have professional qualifications for an AttOr-
ney General. Former chief Magistrates have
recognized or required them, and have yet
no reason to believe Governor Burton will
overlook them in his selection. Our late At
torney Generals, Mcssrs Rogers, Gilpn, and
Salisbury, (the last of whom strcnuousy OPP
posed from personal considerations, maintain
ed the dignity of tho bar, and the honor of
their profession. The incumbent, Mr.. Fisher,
has likewise given very general satisfaction !;
but will Mr. Fisher himself, or amy of his as
socates say, that he could have made will
not say on account of the high respect which |
entertain for him, an efficient, but us efficient
all officer had he been appointed as he desired,
and have a certain right TO expect, in lS45?-
At that time, and this is susceptible of proof
in court of Justice, Governor Stockton had
promised the office to Mr. Fisher. Mr. Fisher
was an amiable clever, and promising young
man; but he lacked, on account of his youth,
that peculiar fitness professional standing and
experience which were essential to the office.
Governor Stockton, US all Governors should
do, consulted the court and the bar. ms well
as the citizens of the State, who are in inter-
course with them and although he liked Mr.,
Fisher, as did every man of his party, he found
it necessary, for the reasons above stated, to
break his promise and re-appoint Mr.. Gilpin.
Had Mr. Fisher been appointed in ls45, he
might have been compelled, do not say he
would, to delay the court in the transaction OF
its legitimate business by some such request as
yonng Hoyt of Boston, the volunteer counsel
OF John Brown, at Charlostown, made Judge
Parker, "may II please your honor, would
like the case postponed for few days to ell
able me to read the criminal code of the State,
of which am totally ignorant But Mr.. Fish
er's appointment was only delayed. After ten
years had passed, or in 1855, having during u
part of which time sedulsusy applied himself
to his profession, and advanced the interest OF
his party, he received the commission, which
he meritcd and was able to discharge the du-
ties Of the Office to the satisfaction ofhis friends
will readily admit that there are exccp-
tions to all rules, and to most cases which
may state or be able to state. There may bC
ut our bar members of such transccndent abili
ty, and political influence that the appoint
mcnt of any one ofthem would need no further
recommendation but If there be such my im
preston is they would not accept the Office
Who then is to he appointed and how sllal
the Governor know upon whom he SHOULD
confer the office? ] answer, from his owl
good sense, positive knowledge of the proics
sional abilities of the man, and his orthodo.
political principles - backed by the recon
mediation of those qualified to judge, Whoar
qualified to Judge? Not the men who dahl
and weekly violate our laws. They wOul,
prefer n weak and inefficient officer, with hop
that, if indicated, their chances for cscapinl
the Just penalties Of the law would be incrcas
ed Not the men who without consideration
sign any petition presented them. unfamilia
with the courts, their practice, and the powe
and responsibility of the Office they arc, to sa
the least, incompetent judges. Not the NON
bers of the opposition party. They, | rcgre
to say, would in some instances, and this
one Of them, delight to strengthen their TOW
party by bad appointments in ours. An efloi
to this effect know is now being made in bot
this and New Castle county, and though
may he play to them, tits death to u.s. il sue
cessful The men qualified to Judge impart
u ally are the Judges of the court, the Demo
cratic members ofthe bar, and the intclliger
farmer, merchant and mechanic, who are at
customed to serve on juries, and unfortunat
n enough to have business in court These al
e the men whose signatures carry some weigh
IS and whose recommendation Governor Burto
/, should respect They are the men who wi
y have to share the odium, brook the ridicul
a and bear the reproach which bad appoin
!. ment will produce; or divide the honor, enjc
,e the profit, and merit the praise which must r,
n suit from the appointment of a learned and dis
j. fed attorney.
IL For these reasons, therefore, Mr.. Editor
r appeal TO such men throughout the State
" interest themselves at once in behalfof Il suit
D. ble lawyer. Let there be no pickering becaui
~ the man may be supposed to favor the prom
err nent politicians in this, that, or the 9th,
rs wing" or branch of tho Democratic party
81 Every individual is entitled to his prefcrenc
mi