Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-31

our present able and accomplished
Chancellor, Hon. John X. Nicholson,
is his great.great- grandson.
Richard Dassett has already baen
mentioned as also member with
George Read OF the Convention OF
l776. 1t is indicative Of their eminent
judicial qualifications and public
prominence, to find that, in 1893,
Mr.. Read was appointed to be the first
Chief Justice OF tho Supreme Court,
and Mr.. Rassett the FIRST Chief Justice
OF the court of common pleas under
the new Constitution which then be-
came operative.
Apropos of Mr.. Reads appointment,
it is quite odd to discover that a
motion was made in the Convention of
1892, by Kensey Johns and seconded
by Mr.. Bassett, that the Chief Justice
of said Supreme Court should be IA
person Of sound legal knowledge; and
that it was defeated by vote OF 10
nays to 8 yeas John Dickinson and
Nicholas Ridgely being among the
nays. AS Il historic fact, Mr.. Read
was selected, and against his wishes
owing TO the inadequate compensation,
especially because Of his recognized
pre- eminent legal qualifications for
the successful discharge of the duties
Of that particular Office. This reason
really led, it is said, to the creation by
the Convention of 1902, of the separate
Court of Chancery. For Mr.. Killeu,
then Chief Justice under the Consti-
tuition of 17T6 was 10 years of age.
The duties OF the Chief Justice, owing
to the controversies arising out of the
pnt fiat, M. al
were then very arduous, and more
vigorous occupant Of the Office was re-
quired. Accordingly said Convention
created the Office OF Chancellor, and
made him also President of the APP
pelate Court SO that Mr.. Read might
be appointed Chief Justice OF the
supreme Court, aud Chief Justice
Killen appointed Chancellor with due
Difference to his age and long service
On the bench.
The Constitution of 1902 wrought
very radical changes in the preceding
superintendent of judicial powers
Original jurisdiction Of civi, suits,
concurrent with the court of common
pleas, was given to the Supreme Court
IA power not formerly possessed by it. L
also was made the tribunal Of last resort
from the orphans court and the regis
ter's court. Said Supreme Court was
to consist of not fewer than three, nor
more than four Judges, one of them to
be Chief Justice; and Judge must
reside in each county. Any two might
be quorum. The court OF common
pleas was similarly constituted. The
jurisdiction Of each of said courts was
to extend over the State
This Constitution, also. for the first
time in the history of Delaware,
divorced equity from the law courts
and created a separate chancery juris-
diction, to DO exercised solely by the
Chancellor. But whilst it deprived the
court OF common pleas of its equity
powers, it, at tho same time, increased
The dignity and Importance Of its JUS
tees by making them State instead OF
mere county Judges.
A High Court Of Errors and APP
peals' was also created, in lieu of the
preceding court of appeals, and given
exclusive jurisdiction of writs of error
to the court of common pleas as we'll re
to tho supreme court; and OF appeals
from tho Chancellor.
The result of these changes was thai
the supreme Ecourt was Invested OF itE
hitherto superior and appellate iuris
diction over the court of common pleas
in civil suits and equity causes; and
also, by subsequent statutory provision,
over the court of general quarter ses
sions Of the peace and Jail delivery ir
criminal cases. Accordingly the su
premo court became considerably
shorn of both it's former functions and
itH relative superiority over the courts
of common pleas, although it's Judges
still retained their oyer and terminei
original jurisdiction of capital cases,
and their supervisory powers over IN
ferior officers and tribunals; and not
withstanding that it was newly giver
original Jurisdiction, co ordinatelS
with the court Of common pleas, Of
civil suits, and final appellate powers
over the orphans court and the regis
ter's court.
A iudicia! system which supplied
two coordinate courts of civil iuris
diction, comprising nine State Judges,
inclusive of two Chief Justices and 9
Chancellor, was necessarily cumher
somo and disproportionate to the
limited area and population of such 6
State rs Delaware. Doubtless the pre-
vailing feeling in regard TO it wat
somewhat akin to that once expressed
by n disappointed suitor respecting the
court of errors and appeals of New
Jersey, which then consisted of II
members-.that il" twas too big for 8
jury and not big enough for mass
meeting
THE CONSTITUTION OF 1881.
Tbarafnrn ;.J
| chiefly for Its reorganization, was hello
in 1881, which framed the present Con
stitution and established the courts al
they now exist. Conspicuous among
tho members of this convention were
| Hon. John M. Clayton, Judge Willard
| Hall of the United States district
court for Delaware, James Rogers, ESQ.,,
an attorney. general of the State
George Read, ESQ.,, the grandson o.
George Read the signer, Judge Dinglt
| of Sussex county, tho grandfather o.
Edward ID. Hearn, ESQ.,, member O.
the present Constitutional Convention,
Presley Spruance of Kent county,
formerly United States Senator. tn,
father Of William q. Spruance, ESQ.
also a member OF the convention now II
session at Dover, and other prominen
citizens Of thu state. The dis
cussions of the important questions
before thus convention have been pub
lished in Harker's Debates, ant
evince very great ability and atfort
exceedingly interesting and valuable
information.
BY the provisions of this Constitu
tion the State judges were reduced
from nine to five. consisting of 1
Chancellor and n Chief Justice Of th,