Evening journal., 1896-12-24
MORE ABOUT THE BENCH
ndge Grub Discourses on
Judges of the Past.
z INTERESTING READING


Jerry INTERESTING READING
WiOWS HOW THE DELAWARE
yCOURTS WERE CONSTITUTED IN
1.-THE PAST-MANY PERTINENT
( HREMARKs ON THE WORKING OF
1.-THE SYSTEMS.
+ Following is the third part of Judge
ISubbs paper on "The Judiciary of
d fRlaware':
THE CONSTITUTION OF 1892.
rhe constitution of 1776 was framed amid
turmoil Of revolution and in the hurry
N preparation for impending war As it
q the offspring Of an exigency, it proved
q be provisional and not permanent ar
n cement of governmental powers. Con-
g Iuently a convention for its revision was
<3 d in 1892. which established more elab-
b te judicial system than had previously
d sted.
q his convention. like its predecessor,
IF nprised among it's leaders some of the
81 st distinguished men of the time-John
81 kinson and Kensey Johns. Sr. of New
stle county. and Richard Bassett and
N holas Ridgely of Kent.
81 Ohm Dickinson was born in Maryland,
81 red in Kent county Delaware read law
81 Philadelphia and at the Temple in Lon
practiced law in Philadelphia and died
"a Wilmington at his residence which
81 od upon the present site of the VIII
~ gton Institute building. II is notable
of the five most distinguished public
5 of Delaware during the revolution
~ era-McKean. Dickinson, Read, Bas
and Rodney. the latter-was the only
<& i've of this state which each served SC
q 'iotically and so honorably. Mexican
born in Pennsylvania and Dickinson.
# and Bassett in Maryland.
M ike Mexican. Dickinson was honored
4 high and responsible positions, by
Ga b Pennsylvania and Delaware. He was
< eminent political writer and unques
81 ably one of the most conspicuous lead
of his day. He served Delaware as hei
gate in the Congress from 1861 and
80: as president of the state in 1852
signer OF the articles of confederation
also of the Federal Constitution, az
as a member of her constitutional
'ention Of 1922.
,nsey Johns sr.. was also born ir
ytyland. read and Dracticed law in the
II Of New Castle. and became chief JUS
OF the Supreme Court. and subsequent
chancellor. under the constitution o..
\ Echolas Ridgely was born at Dover
n ware Upon the resignation of Chan
\ L..
u ted in his stead and filled the office fol
II VI years. lie is justly regarded as the
D ar Of chancery Jurisprudence in Della
III William Killen whom he succeed
chancellor. was the first and only
II justice for the state under the con
III ton Of l776. as well as the first chan
~ under that of 1892. It is interesting
a low that our present able and accom-
d N ed chancellor. the Hon. John R. Mich
MI is his great great t-grandson.
II hard Bassett has already been men
% d as also a member with George Read
convention of I716. IL is indicative
4 cir eminent judicial qualifications an6
C prominence to find that in 1898
4 t3ead was appointed to be the first chic
ID e Of the Supreme Court and Mr.
4 1att the FIRST chief justice Of the Cour
f1mmon Pleas under the new constitu
which then became operative.
4 hard Bassott has already been men
d as also a member, with George
N of the convention of l776. 1t is in
III i've of their eminent judicial qualiica-
and public prominence 20 find that.
sN Il 93. Mr.. Read was appointed to be the
chief justice Of the Supreme Court
Mr. Bassett the first chief justice Of
'ourt OF Common Pleas under the new
4 tuition which then became operative.
M -opos Of MIR. Reads appointment II IS
l odd to discover that motion was
in the convention of 1892. by Kensey
and seconded by Mr.. 3assetr, that
- .hief Justice Of said Supreme Court
d be "a person Of sound legal know
%: and that it was defeated by a vote
teen nays to FIVE yeas--Johl. Dickin-
nd Nicholas Rilgely being among the
AS a historic fact Mr.. Read was Sc
I and against his wishes, OWING to tho
quate compensation, especially be-
W of his recognized pre-emincnt legal
ica;ions for the successful discharge
dudes Of that particular office. This
really led. it is said, 20 the creation
convention Of 1892 of the separate
Of Chancery. For Mr.. killon. then
s. Justice under the constitution Of l57G
W 20 years of age. The dulies Of the
Justice. owing to the controversies
out of the Revolutionary war and
w causes. were then very arduous, and
e vigorous occupant Of The office was
ed Accordingly said convention
ID the Office of chancellor and made
Iso president of the Appellate Court
Mr. Read might be appointed chiei
of the Supreme Court and CHIEF
Knen appointed chancellor with
aferenco to his age and long service
bench.
constitution Of 1892 wrought very
changes in the preceding apportion-
54 IF judicial powers. Original iurisdic-
# civil suits, concurrent with 'he
Of Common Pleas, was given 10 the
M < no Court-a power not formerly pog-
by It, II also was made .he tribu-
last resort from the Orphans Cour;
ne Registers Court. Said supreme
was 10 consist of not fewa- than
nor moro than four Judges. one o.
f7|# 10 be chief justice; and a Judge must
in each county Any two migh. be a
H. The Court of Common pleas Wa,
z3 rly constituted The jurisdiction O
I'-<1E ,...~tc tra e fD .asfFr1 ...... a.