The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-10
MONDAY, AUGUST 10, 1858.
The Appointment of Public Officers.

The Appointment of Public Officers.
IN nation such as our own, there Is much
more danger of too much power being vested
directly in the hands of the people, than there
is of it's being lodged with any public officer.
The tendency of all democraoies is towards
q distribution rather than a Capitalization OF
power, and the extreme jealousy OF our people
renders it peculiarly so in the United States.
AS good citizens always should strive to pre-
serve balance by carefully considering the
right of the weaker side, it is we'll for US to see
whether there is not more real danger in the
overplus of public power, than there is in
mere vesting of appointments in the hands OF
some officer, himself chosen by the popular
suffrage, and accountable to it for all his ac-
ions. We are aware of the arguments used in
favor of eleoting public officers. 1t is
said, and justly, that the people have
o right to choose directly the leaders of the
state, that it is part of the inalienable privi-
lege of an American citizen TO say who shall
be his rulers, or rather his public servants,
and that when this power is taken away,
rights are infringed. 1t is further said that
the tendency of the appointing power is to
make the officer feel subordinate, not to the
people, but to his superior, and leads to
sacrifice Of public interests out Of gratitude or
fear. Then again, by vesting SO large an au'
thority with one man it makes him so power
full as to become dangerous to the state, and
leads him to seek in his selections not the
public good, but his personal advancement.
There Is no small force in these arguments,
and they have so far prevailed in this
country, and more especially in
this State, that with one or two
exceptions every officer is elected directly
by the people. So far our experience has not
been such as to cause us much anxiety on this
head. We have been as a rule, peculiarly
fortunate. The closeness of the strength of the
political parties both in the State and in our
city, has prevented them from daring to no
inmate bad men tor high offices. Especially
has it prevented the choice of corrupt or igno-
rant men to any judicial position. But the
question arises whether in the future the pre-
dominance Of one or the other may not become
30 great as to lead them to venture on such a
choice, and then entail on the community the
greatest curse that We can imagine. That
the politicians will not hesitate to do 80 is
clearly shown by the evil example Of New
York city, where corruption has no rival
on the bench except ignorance, and
where system Of petty tyranny and Jeffreys-
like bribery disgrace the greatest part of the
local judiciary. The tate of the Empire City
shows what the effect of vast political ma
jority will be. So now thinking men are
asking themselves whether it would not be
safest to vest the selection Of the judges in the
hands of the Governor, and require the con-
sent of the Senate, the same as a confirmation
is necessary for national officers by the United
States Senate. When We recall the vast inhu-
ence exercised by the Judges, the fact that
they possess the keys to liberty and public
safety, that not only property, but ones life
itself, is in great measure under their control,
we must recognize the vital importance
doing all possible to accomplish the choice of
wise and worthy men to such positions. There
are interests under their control far higher
than mere temporary needs or passing rights
The Office should be so removed from
all the passions of the day as to place
its actor above suspicion of being
influenced by them. The most satisfac-
tory way of accomplishing this is to make the
tenure of the Office as secure as possible. If a
plan could bs devised which would nicely
modulate freedom and a restriotion-a free
dom from popular bias, yet restriction
against wrong doing and arbitrary conduct
we would have the essence of judicial sys-
tenn. We are not prepared to say, that by
making these officers appointive and not cleo
tive, this excellent result could be attained,
but the question is one which is beginning to
agitste the public mind. The daily increasing
evil of the election of judges in New York
cannot but force it on the attention of Phila-
delphia. So long, however, as We are not
cursed with bad judges ourselves, we do not
suppose that any practical step will be taken
towards changing the system OF election.
But there is one thisg which it requires no
discussion to see, and that is the appointing
power should not be restricted further. II the
tide must few, let it go backwards towards
the days when all judicial and mi.judicial
officers were appointed. There is danger
ahead in making law officers fall directly under
the reach of the popular will, and it is sound
wisdom to check rather than extend this tend
ency towards elections.
Overmuch Legislation.
IF it were allowable to paraphrase the saying
of the great Swedish minister to his son, that
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