Daily Republican., 1879-10-07

ting forth particularly the grounds and
specifications upon. which he contests
the election.
| II provides for formal legal evidence
to be given under oath, and to be con-
fined to the grounds and specifications
set forth in the petition.
It requires the City Council to hear
the allegations and proof of the parties,
and 1t imposes on this body the sacred
duty Of dermining according to the
very right of the matter"
The City Council are therefore cloth
ed with the duties, the functions, the
attributes and the powers Of Court.
They officially sit for the purposes Of
this case, in the City Hall as "a place
wherein justice is judicially administer
ed" which is Blackstone's definition
Of court.
They are for the purposes Of the case
under the Constitution and Laws of
this State ijust as much Court, as
are the Superior Court, the Court Of
General Sessions, the Court of Oyer
and Iermine, the Court of Chancery,
or any of the Courts created by the
laws Of Delaware.
Mr.. Evans as we'll as Mr.. Carmichael
have the right to be represented by
Counsel in this case before this court,
the cause of the common law, as we'll as
by the Constitution and laws of Della
ware. Every party to cause pending
before any court has right to be rep
resented by counsel, who can appear
for him, prepare his pleadings, present
his evidence, examine his witnesses and
those Of his opponent, argue the merits
of the case upon the law and the facts,
and generally conduct the case from its
beginning to its end.
Unless some alleged precedent of this
body be to the contrary, the right has
never before been denied by any Court
to any citizen ofthis State. This right
is Of the most ancient origin.
Bowler in his Law Dictionary (see
"Attorney"l says appearance by an
attorney has been allowed in England
from the time of the earliest records OF
the Courts of that country. They are
mentioned in Glanville, Bracton, Fleta
and Brittvn, and case turning upon
the party's right to appear by attorney
is reported in the year book ofthe 18th
Of Edward the III, page s, case 23d.
/ Blackstone in the third volume Of
his CONNIE ntaries, page Is says: ''for-
merly every suitor was obliged to ap-
pear in person, to prosecute or defend
his suit according to the ld-6othic
Constitution,) but as in the Roman
law, as with us, it is now permitted in
general by divers ancient statutes,
whereof the first is statute Westminis-
ter 8, C. 10, that Attorneys may be
made to prosecute or defend any action
in the absence Of the parties to the
suit" In a judicial proceeding all
indeed the denial of the right of par
ties to the assistance of Counsel, would
be utterly inconsistant with that regard
for the due administration of justice
which is one of the most strongly mark
ed features of the advanced state OF
civilization.
Hon. T. M. Cooley the learned author
of Cooling's Constitutional Limitation,
in an article, published in the Ameri-
can Cyclopedia vol. 10. p. 236, says !:
"In barbarous countries or under a
despotism there could be little occasion
for lawyers. and indeed they would
scarcely be tolerated; but in civilized
countries, where justice is administer
ed in accordance with rules previously
promulgated, the employment of per-
SONS familiar with those rules to assist
in legal controversies those who were
not, would be so natural proceeding
that the establishment of such prac-
tice would be anticipated as quite a
matter of course"
The only exception to this otherwise
universal rule, and the greatest re-
proach to the English Law while it
remained, was the denial Of Counsel to
persons accused of High Treason or
felony.
Cooley, in his work on Constitutional
Limitations, page 33l, says: "Strange'
ly enough, however, the aid of this
profession" (lawyers) "was denied in
the very cases in which it was needed
most, aud it has cost a long struggle,
continuing even into the present CEN
tury, to rid the English law of one OF
its most horrible features. In civil
causes and in the charges OF misde-
meanor the parties were entitled to the
aid of counsel in eliciting the facts, and
in prosecuting both the facts and the
law to the court and pay; but when the
government charged a person with
treason or felony he was denied the
privilege =,
This right to the assistance OF counsel
was first given in cases of High Treason
as early as the Statute of 70s, William
III, and in cases of felony in Statute
GO7.. William ". While it is secured
10 all citizens of Delaware, when accused
of crime, both by the Constitution OF
the State, (Art. l, Sec. 7, and the Con-
stitution of the United States. (Amend-
ment 6th.)
The appointment of Attorneys at Law
is authorized by the Constitution OF
Delaware, (Article Z, Sec. 81 And the
Act of Assembly, (see Revised Code,
Chapter 90, Sec. g. provides that
"There may be competent number Of
persons, of an honest disposition, and
learned in the law. admitted by the
Judges of the respective courts, to prac-
tics as Attorneys there" and
that "such Attorneys may enter actions,
prosecute and defend suits, draw writs,
process and pleadings, and practicegen-
orally in all the courts of this State
without further license.'
But whatever may have been the
formar depial Of the right to be defend