Wilmington daily commercial., 1872-12-10
WILMINGTON, DEL.
Tuesday Afternoon, Dec. 10.
LEGAL SYSTEM DEMANDING A NEW

NONbAAAUAAONs
In carefully considered article, some time
ago, which we proposed to make the first of
series on our Legal System, we called attention,
in general way, to some of its defects. We
now propose to discuss its deficiencies more in
detail, and to speak of those more serious ones
which can only be remedied, either by new
Constitution, or very radical amendment Of
the present one.
In opening the subject, some remarks in the
Constitution seem necessary for while soms
Amelioration Of our condition might be accom-
pllshed without framing new one, yet it is true
that the chief and most serious milestone which
is weighing down our whole system is the Con-
stituton itself. Let us state some Of it's OBJ
iectionAble features;
First, THERE'S, in far too many Of provisions,
the presumption exercised Of knowledge OF
the pre-existing condition Of things, as for in
stance the declaration in Art. l., that Trial by
jury shall be as heraofore," clause which is
open also, to some of the succeeding objections.
Second, timidity Of expression which Is evr
idenced by loading down of provisions, other
wise expressive, with such qualifications and ex-
captions as almost to Annul them. As in the 12th
Sect. OF Art t. which having declared in manly
way that no property qualification shall be neces-
sary "to the holding Of any office in this State ex
cept certain offices therein named, fearful lest
something definite and dconclusive might be drawn
nom this. retreats into conservatism, or worse,
by adding land except such officers as the Gem
"eral Assembly shall by law Designate" which
simply amounts to saying. 1.-THE legislature may
make property qualification for any Office, but
it cannot take it away from those here desig-
mated; " which is a very great descent from the
apparent purpose Of the first three or four lines,
Third, tendency 10 give too many discretion
Ary powers as in the care Of the unrestricted
appointing power of the Governor.
Fourth, failure to provide the necessary ma
chinery by which those rights which are de
clared, or granted, can be enforced.
Fiji, An extreme conserv Atism, which in
cludes some of the objections above mentioned
and which is apparent to every reader; and
Si1tt, An evident desire, in many provisions
to avoid responsibility. combined with too little
independence of thought.
Iudeed our constitution can claim very little
in the way of independent thought, since it is il
the main borrowed document its principal ant
least Objectionable features having been bor
rowed, in many instances, even to the YER,
words, from the constitution of Pennsylvania
The fact that, in that State possessing, as i
does, the best features of our own constitution
'cih Improvements Of great ualue. that we hav,
failed to adopt, the people regard new one al
necessary, is forcible argument that our owl
might be improved.
The first clause in our constitution, perhaps
that absolutely demands reform, is the claus,
referred to above, relative to jury trials. We d'
not propose to discuss the causes which combined
to give to all who live under the rule of the En-
glish Law 'That palladium of liberty" 80 called
''the trial by jury" The day has passed in which
its great necessity existed, and now it seems t,
us that it would suffice, to place it in the powe
Of every suitor or prisoner to demand jury, il
he wished. As it exists in Delaware, at present
much valuable time OF Courts, counsel, parties
and jurors is wasted, and much expense irari
to 1.td tbA AAomens good shoes for $50 per par,
How Is tnat for high Please give me call before
buying elsewhere.
LOON for the big 10 on the box by the door.
CHARLES RoBINART, ---s4ju