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

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court Of errors and appeals.
This is wisely recognized by John
M. Clayton who, above ali mon
whom our State has prod uced, com
,bined pre-. eminent judicial ability with
| profound political sagacity to greater
| degree than any other citizen In her
history. 1t is needless in this pres.
sDce to detail his extraordinary gifts,
or the conspicuous arhiovementa OF his
| remarkable career. lIu thoroughly I'M
derstood the people OF Delaware. and
thelr condition, needs, habits Of
thought and modes Of life, In evory
| seution OF tho State. In confirmation,
here Ia his reply in the convention of
1911, to Judge Willard Hall: :" | au,
Hlr, a native citizen of Delaware, with
all tho feelings, and il the gentleman
| pleases, with some OF the prejudices of
those who like myself have lived and
loved to live in this the land Of their
airtb. Constantly mingling with them,
! profess to know the sentiments and
feelings Ut these people, and to act here
| as their representative, and / will re-
| fuse to outrage their sense Of right,
and their honest jealousy OF inordinnte
power for any visionary chilnera which
any mans ingenuity can DEVISE And
| 10 their name tell the gentlemen that
his one judge system as II ia here
styled, has twice undergone their sen
tence OF condemnation, that they repro
hated a much better plan (that Of a
Chancellor and ona judge IN each
| county, solely on account OF tho very
reason which he now denounces as
mere talk. in 1920, by removing from
the Legislature at one sweep every
man who voted to confer such judicial
authority on single person, and | do
not hesitate TO add that should this
| MUCH more objectionable project be
adopted hero, it cannot Withstand the
force OF their resistance +"
They unhesitatingly preferred the
Old plan (by their representatives in
| lSl6 and by their own votes in 1920 to
a proposition which is not liable to
many OF the objections which attend
this. and on the ground of the power il
conferred upon Judges acting sipgly
| The gentleman will find no imaginary
scare crow to brighten him il be
| presses his plan upon them. Such a
system as this, sir, never had their
confidence, and never can obtain it,.
| lHarSer's Debates, page 14O).
Accordingly. in that convention, in
which Mr.. Clayton was facie princeps
| in both practical statesmanship and
| personal leadership, be sought to secure
judicial system adapted to the actual
and practical, and not the fancied and
| theoretical, requirements aud resources
| OF our people. He sought the useful
not the ornamental. He was not specu-
lative, but a constructive statesman
| who provided for our people as they
are in tho nineteenth century, and not
| aB they should be and it is to be hoped
VIII be, in the millenial period. Hence
although the judicial system which he
has bequeatbed to us, has not all the
theoretical charm and harmonious per.
| fection OF the Utopian dreamer, yet it
has successfully stood the test of G5
| Gears of practical trial and experience,
as the one best suited to the situation,
neads and means of tho people of Della
ware at large. although repeated efforts
have been made to displace it by some
different system. Whilst, like all
human instrunentalities, :. cannot be
claimed to be absolutely perfect, yet,
for our State and people, as they now
exist and win probably continue for
many years to come, it is doubtless,
with slight notifications, the best that
can be devised. 1t is based, as hereto,
fore shown, upon tho three judge or.
| ganization in the courts OF original
common law Jurisdiction and proced-
ure, where sound and prompt decl-
siou ia especially needed, upon the OBJ.
yious and rational theory that three
trained lawyers. as judges, by their
combined Knowledge and attention, are
reasonably more certain to decide any
question arising in the hurry of jury
trial, or the urgency Of other business,
| with greater impartiality, correctness
a nd despatch than one such judge, or
even two, can ordinarily do.
This three Judge system has the
sanction of immemorial recognition and
continuous adoption in Delaware.
From our earliest Colonial period, it
has been tested by experience anu
maintained with general approval by
successive generations. OF her leading
men and thoughtful citizens. Its
principal antagonist, the one-Judge
system, denounced by Mr.. Clayton 10
the convention of 1881 as an obnoxious
project, is foreign importation from
other States whose conditions and
wants arc dissimilar to ours, and there
fore inapplicabe and unneeded hero.
IL was first ably and urgently adj
4 vocated in this State by Judge Hail. in
the convention Of 1891, but signally de-
feated, under the masterful leadership
of Clayton, by that convention. Sub
'sequently, in tho convention of 1852
under the leadership OF another New
England Immigrant 10 Delaware, Mar
tin w. Bates, a further effort was I'M
successfully made to substitute the
one-J Judge system for our three-J udgo
one. Upon its rejection, an i'm
practicable system founded upon an in. :
harmonious two-Judge project with
the vicious appendage of an elective
judiciary-waa proposed by that con
vention. The Constitution embodying
this scheme, upon submission to the,
people for ratliication,. was decisiyely
rejected by formidahly adverse ma.
jority. Thereafter all further serious
effort to displace the present three.
Judge system, was abandoned until
1883 when. owing chiefly to the advanc-
4 ing age of some OF our Judges, no.
newed attempt to do so was made by
means Of the legislative mode OF amend.
/ ing the Constitution, instead of by the
conventional method.
The most prominent leader. of this
movement was the then Speaker of tho
Delaware House of Representatives,
| George Ii BateB, and tho grandson
by adoption If the said Martin w.
4 Bates of the convention of 1862.
1 This proposed Constitutional amend.
'Ifhetlt, eplbolyinu substantially the ono.