Delaware State journal and statesman., 1861-01-04

tenufes IA Office On the passage of this act
II deyolved upon me, in the exercise of III,
sound discretion reposed In the Executive o
the state to give to, or withhold from the pro
posed amendments my Official APPRECIATION I
would Afford me pleasure at all times to carr,
out the views and wishes Of those whom W,
represent when clearly expressed through
their representatives, provided / could do d,
by a conscientious discharge of my responsible
duty but with a decided conviction of the in
eXpediency of this measure, ! could not ap
prove of il.
With all due Difference to the last Leg
islatnrc, without intending for "a moment
to reflect on their motives or wisdom.
An constrained tn believa that very largo majority @
er constituents did not and DO NOT now desire any uel
amahdmeni TO the constitution as that proposed.
The eon.tituti1n drafted In Gig teen hundred and
nliy-thee made material change In the jndtlal sys
lent Which upon being submitted 10 tho people Tor iai
hcaiiru was u ctrd hy an oyerehplmns mi iurity and
the feature conained Ia IT, changing the present organ
iMt0n u the ndlcarv rendered Ii unrr nuoxoua thn
any other After such decided expression Of opinion
twas b. expected that the minds Of tn, rninpnfa,ey
ew' WIN han so lous aud M zea'usly tgitae the sub
Jeel, would have beei qnitted but failing 10 effect III,
tesree change by means OF convection they re Dried
10 the Legislature the only other channel ,hrou n
which mat sicied instrument could he rearh,d
lhs Alure ana importance OF the judiciary requires
mat -hsni be Kept above the petty influences party
s.lls aal ieenlnaions anu pera'tly independent oi
.ne eoittant changes and revolutions OF parry pcs-
Under Inc present system It Is 50; but limit the office TO
term OF years ana you will deslrov that juienaudsnre
which Is essential to The Integrity of the beue and xpa
the fountains VI Justice nj the curfuptins Influence 10
which have adyeried. The most UPRIGHT and ropecie.
tinus judge might ously BE- sgeryed from
OF feeunde by the autlng temptation of feappointent
Although the love Of office might make the place par.
ueulaf5 desirable, yet having rainquished all ufher
business pursuits 10 accept IT, the loss VI IT, and The
turn to s former vocation would be to begin lie Again
WIN a its uneeftaiutes of success in advanced age II
Is diieut How IL hnd sufficient number of gentlemen
IN our slal state qualified in all respects for the judicial
station, who able and willing TO ielinuuish such A
pacceAt the bar as their ability aud legal learning co.'s
mand Tor seat on The bench aud especially with thn
image -aty now received by the judges Restrict HE
olace to term Of years proposed by the amendment
referred to, aud the Judiciary will fall from H. pt.sent
elevated position 10 tho level Of the pettifogger
The standard NJ good behavior for tho continuance In
office u the Judicial nastracy. Is certainly one Of tile
most reliable of modern improvements in the practice Of
government In monarchy it excellent barrier To
tho desposm Of tbs pfinre; in republic it Is NO iess
excellent barrier ip the oachmtnts and oppresons
OF the representative body And n Is the 5sf eIpadieaf
which van be devised In any government 10 Acufe a
steady upright and impartial administration the laws
That IS nothing can contribute 80 much to It's rmne,s
and iud pendence as TrmaHcRcg in tniee this unalfy
may Therefore be justly girded indispensihisin IN.
gredrnt Ia its constitution aud III a great measure ns
the citadel the public justice and the public security
Il would strange Indeed II Delaware at this jav
when her sister States have seen and are Of tba
error in their change n the tenure vi Office and lie mode
of ell elton Judges should commit the same error
In connection with this important subject. allow ine To
call your At Onton to that ct Increasing the salaries al liza
Chancellor and Judges Of the several esurts Its hv e
means q topic, hor have the honor Of IT. ofi,in
Nut most pfuuuuu fe-tIu Tor tue judiciary
lug as II does The great Safeguard vt citizens In their
lives, liberty and property, prompts to most earnest
appeal to YOU clothed as you are with theesatye DOW.
Of the State, To sustain by whatever means may ho
proprraud necessary. My pre- loctssor Ia office
Ia his last message to tho legislature recommended INK
measure their favorable consil ration and in gv H.
augurA address heartily c0ncurred in the snye..fr
have lon entertained the opinion, asa thgs mus wbn
have gwen the subject thought that the sdires Of
these high iuucliunaries entirely TOO small
WHEN Vt is considered that tho Judiciary Is the most
Important nraneh ul ue sa,e so'ernment and that tosa
he protection VI citizens always should be- genenu
nj abiits and high legal aainmens II is appNrent ia
the most superficial observer That they NOT adequate
" compensated for their public services. The Tnople
6ur State hsve to boast OF its judiciary; II as be
elevated TO high standard Of probability both M home
aud atrotd, and for the upr hinps aud nferlty ~
those VIM compose 10 aud who have preceded fi.,
the soundntss OF their legal opinions aud DECISIONS and
Indeed n all other re'pers, It stands unryaliy v lnt
any OF her sister STATES
The constitutional provision s that the Clsneell,r
ind JUDI shall respectively hold their Offices dunn,
s0nl heh rlr. aud receive ilr their services a out,,
lion which shall be fixed By Law. The unuusi ,ai,ry #
the Chief Justice shallii BIZ less than one tholssi G
hundred dol'atsi and Inv annual salary Of the ohances
of shall not be lass than one thousand hundred do
lars and the aunuAl salaries Of the Ass,eits Ind.
shall not be- ss than thousand do4rs
iAch In pursuance oil TINS constitutional provision thr
eg Aturr. by act entitled AN Act 10 carry ipt1af
The amended Constitution and ior other PURPOSES p,s,,,
At DO, er on the seventeenth day Of Ianttarv o,lt,
hundred and thirty, fixed the saars. VI be On airt
aud the respective judges At the minimum rat tbst
N. very Low est sr,n Which hernusfitlfinp ,'ii ~,
aud they still remain he constitution also rrnyi,i
that the senators and Repr seutatives shall conn
prniauon for 'hef seryeee to 10 asceltnel by law II
liked at two dollars aud fiY per dav withoni
mileage aud Ia tho Speakers Of eWh houte three dollars
nd 10 their respective rltris dollars and Nf "a, 60
PR da. Ba'iht'e years afterwards the legislature
ouu1 IL necessary to increase their compensation and
that their cIeka aud other officers, y An aci puiitl
An Act tor hSus The compensation of the inenigrs Of
hc General Assembly and their oites Passed ON mo
eighteenth day o Jiualr, eighteen hundred and tbiry
II Nas provided that there should be allowed iion
inu after the second Tue.dly OF Nlpenier slt ~, h
raH 4uT vol of fnf ftI
IRA Assembly three dollas and 10 tho Speakers M e,r
House our dollirf aad that their Clerks should re,p
lively receive the snm OF three dnllss aud ,ne lrk,,
each uue dollar and and my cents; aud Ia addlti
o this sum that each ilenhsf should receive Twelve and
half cents Tor each and every mile lie may he oi In
travel IN going 10 ani returning from his p!ace OF f Id
3ule to the seat u government with thr additional elinv
Anee ct one day ior eN'ni ana one tor returning all
nenhsts Whose place 81 residence is more than nle-n
miles from The sea. ui government We perceive th.
that the legislature soon venturd to iucreaae yery con-
alluAy theirn ruupeust ton, hndthAt their fesnr
lyeoiceis, with which have nn tult IN lind nor Inn
Inst tue act unacceptable their Constituent
Coz ross, within few yeats also reasei r,n,,
mount. And believe no serious objection La. le ma "a
n it, nut aupreheud the same reason, ,vbirb a. III
the Legislature aud Congress IN Increasing their en,nrn
alton existed tVn with equal cUgenty for iucreasng IN
sliries Of the judges ami that theJ SIN exist In sill
greater d. uce oHe thousand dollars. when they VEN
established Ut iho present rates was nearly equal to two
hou-and for all the necessary PURPOSES ~ fvng
Ih subject Comments itself To yonr consideration with
no ordinary force OF reasoning The proprety Of tho
measure has been for many years apparent that II Inns
ilietsd In It's behoof tie eior Of many If our brst c
gems, which regret % say have heen unavailable In
some instances, perhaps from nidty, snd in others nom
Improper Influences. The last Legislature was me,ner |
aliaud IN relation 10 this subj hy tile nitro lar fi
presume Is on file in its proper place, and is we'll w5rv
examination AS we'll for Observation-Disclosures, , i'uS
IONS Ter the weight III authority attached 10 il hv t
character Of the source from whence It emauated
with the profound sense Of duty which fael in rsf,r
anre to this inar cannot too strongly utle upon von
prompt anu fearless discharge Of Your duties in ihis
respect by making such au increase tile salaries L.
errei 10 as will raise hem to fair and liberal compen
salon Tor the services rendered tho public proportioats
10 the compensation Of many officers Interior pttde
also suggest an Increase OF the salary the Secretary
Of Stale. The amount now paid 10 this officer is altoss
too SMALL inadequate TO tie services performed bv him
and greatly dspropOticnae To that received hy olhsr
officers Ut minor Importance.
ALLOW ms to call Your attention 10 the condition of the
state Library, with the view Of providing ,na more
.ieetual means for its preservation /. in bv ,,t,tt
provision, placed under the control OF the s OF t
superior Court with authority make rules h relation
hereto and TOR regulating the use u tho books therein
Saeh rules have been made, and H The available means
li enforcing them exhausted with but little eec; the
books constantly taken from their PLACE and LARGO
portions OF them are rarely 10 hr found in the library
room. ny resolutions Of tho Legislature, adopted oil
HE twentyaith day u February, eighteen bundled aud
oriy-seven Samuel C. lralerbury appointed to tike
charge 81 the chamber the senate ana the Hall 81
ne House If Representatives aud the Library fnn and
was thereby required strictly Ia enforce the rules he
made ar lawfully to be- made for the rs ati,n az ia
Library and the of the hfoka Their in Tor an f which
services recrivrsn compensation f forty dol mon
iunutn This Arrangement has proved 10 H.. naWaei
without auy ftult of tho Librarian. It T. not H. he aSf
led that he should devote the lime aud aftrtinn at,
nrA necessary TO Inv piyen in ord enforce the rule
1r tile safe keeping aud preservation " the Library ior
the small oiil lunsAtion allowed tn him.
heieuie rumiqeul tuN our cusdrfai ION Oh % ittnit
meni oia Lib mhn whose special duty it shall ie to
ahv The exclusive ehhtat VI ilv Library keep in ,d
order mud enforce strrtly all the rule. now mad or
hereafter To b. made by ihe iud gus Ct The Superior Conn
Tor ITS regulation and the nse ot hpoks who shall receive
siit'N salary to he liked ny the liltlaufr aud vim
sbsil houd to the State With sccnfit, Tor Tie fiihi
Z erieiilHucc VI his duties.
Tile number of volumes of The Etnta i,auifta nav