The Delaware Gazette

FOR THE GAZETTE.

Decasio non negligenda.

MR. JONES,

AS there have been several attempts in the state of Delaware to procure the adoption of the reference law, permit me, through the medium of your paper, to observe to the gentlemen advocates of that system, (which I hope they will have the satisfaction ere long to carry into effect,) that the most essential point to which they ought to bend their attention is the right of appeal. This, gentlemen, you will observe among other things, is creating some stir with the advocates of the measure in Pennsylvania. Unfortunately for the people of that state, the bill has been drafted by very imperfect legislators, which circumstance ought also to excite your serious attention here.

If I recollect perfectly, the author of "Samson against the Philistines" has overlooked this point. I cannot omit in this place (though I hold in high estimation, in many respects, both the author and pamphlet) that there are some very important omissions in that valuable and ingenious work; and to the best of my memory, the one now alluded to. The right of appeal, I view differently from many of the writers in Pennsylvania. I would certainly in this case admit of appeal on the following conditions, viz: That the party dissatisfied with the first decision may have a second or third reference, by paying all costs incident thereto, but in no case admit of an appeal to court, as it would most certainly augment litigation, and destroy the very intentions of the law. We all know "Omne principium grave;" yet 'tis certain, 'tis an easy thing to succeed, when business is rightly began.

But, if attention is wanted in the first instance, ten to one if the whole is not lost (however pure) from want of this requisite.

Gentlemen, you will consider maturely the above observations, as I hope the time is not far distant when you will most completely enjoy the benefits of this wholesome law. I would also refer you the publications in a late Aurora, relative to this point.

A FRIEND.