Delaware State journal and statesman., 1863-06-02

counsel to perform the duty which tho Attorney
General had refused TO perform. Secondly, to
address the Governor TO remove the Attorney
General or to impeaoh him for misconduct in
Office. The Legislature chose the first but,
upon argument, their chOici was deemed nncon-
sttutional Though they declare that those
violations Of law nre gross aud shameless, and
make il the duty of tho Attorney General to
prosecute, their laws are declared powerless and
the officer Of the State, falling baok upon the
md discretion which the law rresumes him to
have 10y no means IA conclusive presumption not
only dehes the law, but laughs in the faces Ut
the lawmakers
Now what is to he done For two long years
we must yet be afflicted, unless the Legislature
Interfere They cannot declare the Attorney
General guilty Of misconduct in this mntter
because the decision Of the majority Of the
Court it, that the law vests in him discretion
which is above mud beyond the control Of the
Courts that he has the right to bt gin, continue
regulate, determine aud end my criminal pro.
cerdings; and that it is matter left by the law
to him alone whether he will begin any, or in
other words prosecute at all. Now we do not
mean to say that the Court is wrong; but II their
pecisOn is right, the Attorney General can 10
effect abolish the criminal code, and Judge what
shall be his duties, or whether or no be shall
perform any at all. If he is not ameuable to
law, and bound by cuihs and directed hy posi-
tive law AS other civil officers are or if in the
contemplation of law he hns an unlimited DIS
erection and "cau do no wrong; :" it criminal
Jurisprudence 10 this State is but the within or
the caprice, or the corruption of the Attorney
General, 1t is quite time that men ehoull begin
to take care OF their own rights and to fall back
upon the sacred and inahenabe instincts of M.
ture-self-detence and protection Is It not
enough that we should be constantly reminded
Of the corruption and imbecilty Of officers
must we also be male to feel that bad men hold
such responsible places and such unlimited aud
dangerous power? How long shall our patience
aud forbearance be abused? How long shall va
live under and tolerate tyranny aud incapaciiy
mud neglect OF dutyY How long shall our lives
aud our property, and reputation remain inse-
cure, because he who can njure and destroy the
one and embitter AMI burden the other. is uu.
worthy of the sacred trusts repOsed in hun, aut
prostitutes office 10 nggrandize aud enrich him
self
We do not wish to be understood ms quarrel
ling with the Court. True the motion to quasi
was granted by only two Judges, Houston ant
Wootten, against one, Chief Justice Gilpiu, bu
they were majority, and declared the law d
the State and We will cheerfully abide by it
II ought, however. to he stated that the princ
pal grounds Of Chief Justice Gilpin's dissen
were these That on motion to quash an in
dlctment, II was not usual To decide upon The
coustinlionality of law That SUCH n motion
was granted only upon such papable defec
appearing upon the face of the indictment. tha
il would be- impossible for this Court, after con
veiion, to pronounce Judgment aod, TINT i
coull not be asceraned in this case that Their
was even suspicion of defect without goinJ
outside of the record
One word more notwithstanding courts ant
law, aud legislatures to make laws, so potent, 81
deeply rooted, 50 defiant of law is this otter,
influence, that it even evades special legislation
made expressly TO destroy ii. 1t is fruitful il
Object Gus itis constantly becoming entanglel il
questions OF law its purpose is to draw iouerie
legally, it by any hocus- pocus il Gau-bu
8rgdtg y Il must by keeping in Court, b,
occasionally eyading process, by dilatory mo
tions, denurrerS, leaves to amend cont,nuanccs
it gets ut each term of Court, six months NOR,
OF life, There must be power somewhere t,
take hold Of its abuses and violations Of law
InRRE Is POWER, but between Justice aud III
, criminal, between an outraged State and guilt
offender, stands tie counsel of justice and of III
& State 10 prevent the operations OF the Inv, mn
to encourage the RGossest, most ruinOns nu
most Injurious violations of law, 1t is hig
time to remove the obstacle