The Portland daily press., 1863-11-30
Written for the Press.
Requisites Of a Go cd Judge.

How to secure wise and able administra-
ton Of the law has been subject of earnest
and dilligent study with the wisest and best
statesmen of modern times. The laws of
state or nation, especially Of republic, are
the highest expound Of the moral sentiment
of that state or nation the embodiment of
its highest perceptions of the principles of
moral right and justice as applicable to the
relations OF its individual members Indi-
yidual perceptions of moral right may rise
higher, but in so far as these rise above the
lays of the land, their enforcement is left to
the dictates of the individual conscience
They may be said TO relate rather to the reg
uation of the inner life in its relations to its
Creator, than in its relations to our fellowmen.
But the written law is the common rule and
guide for all, and by it all are bound by that
memorable rule Of public safety which first
gave rise TO the formation of government
ITSELF
But however wise and justine laws them
selves, the administration of them may be so
perverted and abused by incompetent or dis
honest judges as to render them a mere in
strument Of injustice, oppression and wrong.
Bacon, the most learned jurist, philosopher
and statesman of his age, as Chancellor of
England, was guilty of taking brides from
suitors in his Court 10 the enormous amount
of hundreds of thousands of pounds. And
so overwhelming was the evidence against
him that he voluntarily confessed his guilt
when charged with it In the House of Lords.
Others have been equally corrupt with far less
to aggrayate the enormity of their crime in
the advantages OF extensive learning and a
high social position.
Ii these did not save Bacon from the insid-
ious influences of temptation, and community
from the disastrous consequences of his fall,
surely no one can plead his high position as
an immunity from strict watchfulness by the
public eye and the necessity of closing every
door to such public and private calamities.
Every age has produced its melancholy ex-
amples of human weakness accompanied with
the highest intellectual attachments.
Learning alone does not always secure
strict integrity in judge, or prove an invul-
nerable shield against all improper motives
and influences. Though he be ever so learned
if he possess low moral sentiments and con-
scientousncss, together with inordinate penu-
robustness and venality, he will be an unsafe
man TO trust with judicial power: or il he be
a courtier to the rich and aflluent, pandercr
for their fayoritism and friendship, a poor man
may find his court a very poor resort for JUS
tice as against the expressions of the purse
proud aristocrat; or If he be an aspirant for
political promotion for himself or family, an
influential politician, either as counsel or par
ty, in his court, may find easy means to win
his cause. even against law and evidence.
Nor, on the other hand, is moral sentiment
or conscience alone the sole requisite in
good Judge. Conscience of itself is but a
sentiment and its office is to approve what his
intelligence tells him is right and to condemn
what it tells him is wrong. But what is right
or wrong is not SO easy to determine. To do
this is the Office of his intelligence, which has
its sources insiis natural quickness of percep-
ton and capacity of reasoning, aided by edu-
cation, habits Of study and association. These
all differ in different individuals. II the nat
ural capacities be weak and the aids be neg
lected, a strong moral sentiment or active
conscience may make a man more dangerous
to the peace and happiness of community,
and more cruel and tyrannical Judge on the
bench, than he would be if his conscience were
not dsproportionate to his intelligence The
latter is the guide while the former is the mo-
tive power, and If the guide be blind and lead
in wrong direction, he Is impelled with
equal force to the wrong, as il he were in the
right.
1t was this unfortunate combination in our
Puritan ancestors in Massachusetts,, which led
them to fay the Baptists, hang the Quakers,
and burn the witches; and which has led to
all the religious prosecutions which have
scourged mankind Not that the moral sem
timent was too strong, when considered in
the abstract,but the intelligence was deficient.
The natural capacities might be good, but
they were not sufficiently enlightened and
improved by education and intellectual cul-
ture. The guide was still mentally blind, and
made shpwreck of the reputation and almost
VI 'hS ASoshy Va VIC StatS. Dut We uic piouu
to acknowledge that she has nobly retrieved
her past error, and instead of being STUN
blingsblock to civilization as in her early days,
she has long since entered upon high and
noble career, aud become the light aud guide
to the moral and intellectual progress of the
age.
As with States SO with individuals. A strong
moral sentiment, unless guided by an enlarged
and cultivated understanding, may lead to
the greatest errors. Its tendency is TO make
one opinionated, bigoted, and obstinate
Hence narrow and uncultivated mind under
the influence of strong moral sentiment, nee
essarily becomes abigot and tyrant, when
entrusted with the exercise of power.
The only safety with strong moral SEN
timent, as with all other sentiments, is an ell
larged, cultivated, and enlightened under
standing to guide it, A person who is under
strong impulse to do the right, should
also have a large capacity to ascertain the
right; for if he fall into error, and mistake
the wrong for the right, the stronger the mo-
tive power, the greater the evil resulting.
To say nothing Of the living, we may proud
ly point to at least two distinguished men in
the history of our judiciary, in whom our
State has been highly honored. We refer TO
the two late Chief Justices, Mcllen, and Whit