The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-18

comparing the facts which fall under their
immediate notice with the experience and
history of other communities, they would
see that this phenomenon of judicial corrup-
ton, generally believed, but aoquiesced In
without much very serious complaint, has no
parallel or example since the beginning OF
civilization. Some of its mischievous conse-
quences are beginning to be felt, not only by
simple Erie bondholders, but by the English
local profession. The two branches OF the
English race knew ouriously little OF one
another till the War of Secession, but there
was an exception to this Ignorance In the
steady interchange of judicial precedents.
Tbere were certain American names which
were appealed TO here with scarcely less conf
dence than Coke or Mansfield But quite
recently English judges have been known to
shrink from recognizing the authority of
modern American cases, and, very possibly
not quite fairly distinguishing between one
man and another, or between one State and
another, have significantly inquired what
these charges of corruption meant.
When an English gentleman deputed by
some railway bondholders addressed the New
York Chamber of Commerce the other day
en- the effect of the action of the New York
judges upon the interests which he repre-
sented, the Chamber broadly admitted the
corrupt origin of this judicial intervention,
but attributed it to the ignorance of alien
constituencies. This merely meant that the
judges of the State of New York are elective,
and that the Irish vote is very powerful in
New York. If, however, the publication of
the American judicature is not to be expected
until Irishmen are debarredsfrom voting, or
until the people give up the direct appoint
ment of public servants, IL may be long
before the reputation of American judges
RECEIVERS itself. It is satisfactory, there
fore, to find one of the most thoughtful
of American newspapers finding the
source of the evil less in the mode OF ap-
pointing judges than in the mode OF ad-
mitting legal practitioners 1t is In fact
quite clear, from English experience, that
the best security for learning and purity in
the bench is learning and feeling Of honor
among the bar. The most powerful of all
forms Of public opinion is professional
opinion, and if the professional feeling of tho
New York practitioners revolted against ig-
norance and corruption as mortal sins in
Judge, the machinery for creating judges
would lose most of its Importance. The mere
discomfort of sitting in a court full of men
of greater knowledge and higher honor than
himself would keep the incapable party hack
from desiring a seat on the bench; and, be-
yond this, the experience of several COM
munities shows that popular constituency
charged with the selection of functionaries
for whom professional qualifications are
required is influenced in the strongest way by
professional opinion. But the American
legislatures have, we are told, adopted of
late the policy of nearly open admission to
the legal profession, the advocates of the
measure defending it on the extraordinarily
fallacious ground that there is no more reason
why special conditions should be demanded
for the calling of legal practitional than for
the calling of a grocer or butcher. AS one
would have thought it enough to reply that
| the only callings which it is best for the
| public interest to leave quite open are those
| to which the maxim ca0edt empt0T applies,
| and that no client can possibly tell whether q
| given lawyer can construe a legislative enact
ment correctly, the only inference which can
! be drawn from such an argument Is an infer
| ence as to the class to whom itwas considered
| worth while to address it. But the fact seems
| to be that in most American States
persons are now admitted to the
mixed profession of barrister and attorney
with the least possible inquiry into
their knowledge or character. The result
we need scarcely say, is very unlike that of I
lax system of admission to the English bar
In this country the moral effects of all-power
full traditions have to be allowed for, and tn,
effect of an undoubtedly unsatisfactory sys
tenn of previous preparation is not that Eng
lish barristers are unlearned, but that the
|
while noticing that the experience of the
American States shows that, under syster
of unchecked competition, the race is in til
long run to the ignorant and the unscrupu
lous Everybody of course would suppose
and we are carefully informed, that even il
New York city there are many skilful ant
honorable practitioners; but they seem to COZ
slider it their chief duty to their clients t
! keep their business out of court, and henC
little moral influence is brought to bear o
the bench by men of this class. a4IaHra boz
1t In very difficult for an Englishman I
judge to how many American States, and eve
to what parts of the State of New York, til
suspicion of Judicial corruption Justly Q.
tends. Yet there are many signs that Il
sacredness of the judicial Office is passi1
3 away everywhere. Nobody has ventured
. breathe a word against the character of Il
a Judges of the United States; but yet there
. evidently 30 scruple in packing for party pu
poses the Supreme Court, probably in son
. respects the most august tribunal in Il
= world The party now all-powerful evident
7 intends not merely to keep Democrats al
3 Southern partisans out of it (Which under Q
r listing circumstances would be scarce
4 wonderfully, but to deny entran
$ into it to all but the extreme
s fanatics of its own opinions. The other d
n President Grant, having two vacancies in t
J, Court to fill up, proposed for them Mr. Sta
= ton, the late Secretary at War, and Mr.. Hot
l. the present Attorney General. Mr.. Stanto
who was thought to be dying, was q We
great administrator, but one of the bitters
OF partisans. Mr.. Hoar, though a Repgb
~ can, is thought to be welded to hi
lie standard of judicial purity and independent
g The Senate instantly confirmed the appoii
ls ment of Mr.. Stanton with almoat irdeca