The Washington union., 1857-10-02
AN ELECTIVE JUDICIARY.

ernment. The great problem mas been, Where power
could be most safely vested? In the United States
the Legislative and executive power early intrust
ed to agents elected by the people. BY whom the
Judiciary shall be selected is question still agtated
by public journals of high standing. AT an early
day the King of England appointed and removed at
pleasure, and history informs that some judges
were ready instruments through whom he pun
ished his enemies and protected his friends.
When the law required them to be appointed
for life the judges became independent Of the
Crown. In preparing our national constitution,
we secured our judges stated compensation and Of
flee during good behavior, vesting the appointment
in the President, with the concurrence of the SEN
ate. Most of early State constitutions contain
similar provisions More recently, in amending
them, or framing new ones, the judges have been
made elective by the people-in many States for
term of years, and in others during good behavior.
The question now is, which is the preferable mode
of seeotion In the struggle in England to avoid the
Crown exercising malgn influence those who
held their commissions at its WILL the people wisely
insisted that the judges should be independent of
it, and hence the common expression, "independ-
ence of the judiciary"-a phrase which has no
applicability to the question involved. In this
country their salaries are certain, and they are
fully independent, because they cannot be re-
moved during their term if they do not misbehave.
The true object is to secure not independence, but
uprighness and capacity Isit probable that judges
appointed by the executive authority holding Office
for life will be upright than those elected by
the people for period of years, and who may wish
to be reelected? Those who contend that
ecutive appontees wilprove the most upright start
with the assumption that all Judiciary selfish
and bad at heart, and will prove themselves
whenever an opportunity is presented of gratifying
their natural propensties. This may be true in
cases. but to say that it has broad application is
libel upon the Judiciary of our country Even in
England, while commissions held at the will of
the sovereign there were but few who consented to
soil the ermine to avoid removal The great body of
the Judiciary were upright and just, and their de-
cisions are now respected wherever the common law
prevails. Since the judges there became secure
against removalby the Crown, some have dishonored
their robes and disgraced their country. In this
country the elective judges will not suffer by COM
parison with those appointed by executive authority
either for learning, ability moral worth. No
who knows them will have the effrontery to allege
that the district judges appointed by the President
are wiser better than the elected Judiciary in
the States where it exists One has been impeached
by the House of Representatives and condemned by
only one less than majority of the Senate Violent and
bitter complaints have been made against others. Num-
bers of territorial judges have been assailed and
actually removed upon charges. And even justice
of the Supreme Court appointed by Washington
mpeached by the House, and majority Of the Senate
voted him guilty upon three out of eight charges.
In some of the States aleadng Of abolshing old
constitutions and framing was to get rid of
mperious political and Objectionable judges appoint
ed by Executives for life. No person familiar
with the jurisprudence of the States can honestly
affirm that the law has been administered with less
ability, learning, and impartialty since judges be-
came elective The decisions of State tribunals
where the Judges elected, are, equally with Others
read and received as authority in all tribunals in
Guiding the Supreme Court of the United States
Twenty-Five of the States elect their judciary-four
by the Legislature and eighteen by the people and
whenever the compensation is ample, men of tho
highest character for talents learning and integrity
are found upon the bench. In nearly every instance
of ncompetency of judges, whether appointed or
elected, the cause can be traced to inadequacy of
compensation which prevented ADLER men from ac-
ceptng Office A weak judge will be weak, however
he may obtain his commission while corrupt one
will remain corrupt even if appointed by Execu-
tive. If anything will deter him from practice of
evil, it will be the desire to appear to be virtuous
and good to secure reelection.
One objection made against an elective judiciary
is that the judges elected by political parties
and that they will be liable to be swayed in their
judgments by partisan feeling If admit the dam
gor, do not escape from it by concentrating the
power in executive hands Every Executive is elect
ed by political party He selects Judges from his
own party, who harmonize with him in principle
feeling, and practice Opposing partisans often seek
to defeat a confirmation, as once occurred in New
York, when near dozen of Gov Clinton's nomina-
tions were rejected. We know that whig Senate
refused to confirm Chief Justice Taney when nomi-
mated to fill the place of Justice Duva and Chancel-
lor Walworth to 6ll Justice Thompson's vacancy
We all know that judicial appointments, when made
by Executives and confirmed by Senates are as
strongly political as those elected by the people
When Judge is once firmly seated upon the bench
for life, except decorum, there are no effect
i've restraints upon him. and he acts out the impulses