The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-12-31

We believe the general course of our Ma
tional history iustiffes the almost universal
feeling among our people that those who
framed our Federal Constitution were endow-
ed With especial wisdom or were guided by the
favoring hand of Providence TO an suspicious
completion of their work. In nothing is this
wisdom from on high more plainly seen than
in that clause Of the third article which pro-
yides that the Judges of all the United States
Courts, Supreme or Inferior, shall hold their
Offices during good behavior and that their
salaries shall not be at the caprice of parti-
+; san majority of the legislative body. There is
no reason fornot applying this principle to the
State Courts. The Judiciary though no less
important than the other departments of the
government is the weakest of the three; in
deed, Montesquieu speaks ofits power as ''next
to nothing" Apprehensions for popular lib
erty from this source are groundless: espe-
cially so, as to the State tribunals.
Enough no reasonable fear can be enter
tanned from the judiciary alone, there would
be great occasion for alarm were it to be unit
ed with either of the other departments.
The legislature prescribes the rule of conduct
tothe citizen, regulating it at pleasure, and
controls the nations purse; the Executive
Yields the sword and power of the people:
the Judiciary has no sway over the pecuniary
or military resources of the republic, but re-
lies upon the other departments of the GOV
erament, and, above all, on the good sense Of
the community for proper obedience to its de-
cisions. 1t has been truly said to have Meth
ertorce nor will but only judgment. Moth
ing can SO surely tend to strengthen the iude-
ment and lead to correct conclusions as in
dependence of extraneous influences and con-
sderations. The chief end and aim of all
government is security. In no way can the
safety OF individual rights of person and prop
erty be SO firmly assured as though Courts
placed beyond the reach of temporary in
huences and not changed by every breath of
popular favor Not only is independence thus
given to the individual judge but stability to
the whole bench and consistency to its deci-
sions. - 4-ee
compare the Courts of Massachusetts with
those Of New York and we see how great the
difference of public respect for tribunals pre-
sided over by officials selected in such differ
ent ways and holding their positions by such
different tenure. New York, at her recent
election, after the experiment had been fully
tried there, decided to take one step back to-
ward the old paths of the founders of the re-
public, from which she ought never to have
diyefged. In Maine, though we have not as
yet land 'tis to be hoped we never NAV y
made our judges dependent upon the result
OF contested election, we have not adhered
to that course recommended by the political
wisdom of our forefathers and enforced by
the observation and experience of later DAYS.
As we have twice within five years voted to
amend our State Constitution we are not
: without hope that another amendment NAV
b9 eneratted upon that instrument placing
or judicial appointments upon the same ba-
SIS as that fixed for those of the national