The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-12-24
An Elective Judiciary.

An Elective Judiciary.
In our last article under the above head, we
endeavored to show that the appointment OF
the Judiciary by the Executive in govern
ment Of the people is unnatural and is contra
ry to the spirit and genius Of such govern
ment. That by the law of its own existence,
It's sympathies and prejudices must necessarily
be In favor Of the prerogatives of the govern
ment, and against the rights and liberties Of
the people. As evidence Of this we alluded
to the anomalous rule governing their adjudi-
cations where the government is party, by
which al presumptions are made to weigh In
its favor, and that such powers only are with
held As are specifically denied by the Consti-
tuition.
It requires no prophets eye to see that I'M
der such rule OF construction, the judiciary
In The hands OF weak or corrupt men, must
necessarily become the mere creature of the
Executive and Legislative departments of the
government, and bound to do their bidding.
II the appointment were for life, as under the
Federal Constitution or till seventy years OF
age, as formerly under our State Constitution,
the danger would be much less, than where it
Is only for the term OF seven years, as at pres
ent In our own State, and the judges are at
the end Of every term candidates for reap
pointment.
Originally in this State, the tenure of judi
clal ONCE by the Constitution was, "during
good behdrior, but not beyond the age Of seu-
enty years. But 10 1880 the spirit OF innova-
tlon reduced 1t to seven years. This, we think
was an uEwise change, and was manifestly in
violation Of the motives and policy of the
original frames Of that instrument Their OBJ
jet was 10 render the judiciary entirely indie
pendent Of both the other departments. Un-
der the Constitution as originally adopted, a
Judge could never be candidate for reap
pointment, and consequently could never have
any motive or inducement to pervert the law
In his adjudications, to please the Executive,
or those who might stand nearest to him In
influence, for the purpose of thereby securing
a re-appointnent- But the reduction OF the
term TO seven years has called into active OPP
Grafton this very influence tending to corrup-
tion, which the original trainers Of the Con-
stitption sought to avoid; and which must
have been the only motive with them for not
making the Judiciary elective like the other
departments. They could but see that fire.
quent eoecutiye appointments must make 1t
far more dependent upon, and consequently
more the tool Of that department than il it
were elective.
Nearly all the other State and county OFF,
GERS have been made elective by Constitution
al amendments. The appointment of the su-
preme Court Judges which have been greatly
decreased In number since the abolishment OF
the district Court, Is now about the only pat
ronagc remaining in the hands Of the Execu-
tive; and this, 1t Is easy to see, may bestowed
as reward for personal or partizan services,
without regard 10 fitness or qualification. And
when once appointed, there is every induce
mont for weak or corrupt minds to SO shape
their sdjudications as 10 give no offence to
the appointing power, or to those who WELD
the most influence wleh it. All the numerous
politicians, therefore, and others possessing
influence with the Executive, either by their
social position, wealth or otherwise, may have
the Judiciary quite as much In their keeping
q the Executive would himself, ii he were q
sutton Ia a court Of his own creating, and
called upon 1t to decide his case with his ex-
ecutivc axe uplfted ready to lop Off its judicial
head II 1t decides against him. Whether a
Court thus situated would be likely to have
more respect for the law than the axe, any
one acquainted with human nature car. decide
IS wen Is ourselves. The baneful effect which
spch an influence may exert In prostituting
the Judiciary into mere machine for promot-
Ing lie own selfish interests at the expense Of
Law and justice, no one can estimate. Nor is
IL necessary 10 enquire how far the effects Of
such an influence cal be traced in the past
As long rs human nature is sometimes found
weak enough to yield to temptation, it is
enough to know that such door farcorruplion
i open, aud that such gigantic defect exists
In our present system. II only becomes neces'
sasy with Court thus created TO ascertain
which party In littIgated suit can WELD the
most influence with the appointing power, tc
determine where the leaning and sympathles