The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-22


proach among men all over the world. There
is no doubt that q majority of our Albany leg
islatos for the past ten years have
rendered themselves liable by their
Official acts to occupy felons' cells in State
Prison. The Judges can be removed or
impeached only by the Legislature, and what
fear can there have been in the :nind 81 any
Judge whose morall character was not
sufficiently strong to hold him above tempta-
ton Of retributon at the hands Of such
notorious corruptonists? Who will deny that
Barnard, Cardozo and McCunn would have
been safe from punishment to-day if the
Legislature of last Winter had not been COM
PEELED, in self-preservpton, to proceed against
them9 In the midst Of unpunished and
successful rascality, dazzled by the vulgar
show of easily and rapidly stolen wealth,
accustomed to see fraud, swindling and rob-
berry leading to power, and treated with con-
sideration and respect, Judges were just as
liable to fall as revenue collectors or the heads
of city departments.
But there is deeper evil yet to which the
degradation Of the ermine may be traced. The
election of Judges by the people, a concession
to democratic shibboleth, is the destruction
of an independent and fearless judiciary. We
might point to many elected Judges whose
purity and frmness are beyond question
nevertheless it is undeniable that majority
of our Judicial officers high and low, lend
themselves to the objects of party leaders and
prostitute the honor of the Bench to their own
political interests. The politicians who con-
troll caucus and convention are careful that the
nominations for Judges shall be such as suit
their own purposes; in other Words that
no man shall be elevated to the Bench
whose action they cannot control if neces-
sary. This is the commencement Of the
evil. The successful candidate, probably
not at first knowing the service that
is expected Of him, is grateful for the nomina-
ton, but when elected his gratitude is soon
put to the test In criminal cases and in civil
suits it has now become a common practice
for the parties interested to use the influence
of their political friends with the Judge to
secure favorable verdict and if any difficulty
is experienced, more and more pressure is
brought to bear to effect the purpose. No man
who has mingled in New York politics need be
told of the numberless instances in which JUS
tice has been controlled by political influence,
or of the notorious efforts of Judges when near
the close of their terms of Office to make politi-
cal capital out Of their judicial action. The
elective system in this city, then, gives us i'm
proper men for candidates, men who are the
choice of the political leaders, and are not
nominated because of their qualifications, and
when these men are elected it induces
them to use the judicial Office for
the purpose of securing again the position to
which they are not entitled, but which is the
more valuable to them on that account. As
the most INSCRIPTIONS men to be found in the
city unfortunately control the party nomi-
nations, it follows that the Bench becomes the
ally of the worst class Of politicians. The
remedy lies in an appointed judiciary, to hold
Office during good behavior, f6rGfe, or until
retired by limitation of age. The Judge
would thus be independent of the votes of the
people, and the value of his position would
insure his honesty even if his character should
not be naturally pure. A life Judge would
not be likely to show leniency to political
ruffians or to shape his orders or decisions in
the interests of party leaders. A fearless, in
dependent and able Judiciary would soon put
official corruption to fight and do much to
purify our social and political systems.
The reform is in the hands of the people Of
the State of New York, and if they refuse to
secure it the responsibility for future judicial
corruption will rest at their own doors. The
Judiciary article adopted by the last Constitu-
tional Convention provides for the submission
to the electors Of the State at the general cleo
ton next year, in 1873, Of the question whether
the Judges shall in future be elected or APP
pointed by the Governor and Senate. If
majority of the electors should favor the ap-
pointment Of Judges for life we shall have no
more impeachment trials, and, what is better,
no more scandals on the Bench that lead to
such trials So far as the city of New York is
concerned there can be no difference of opinion
among honest respectable citizens as to the
desirableness of the reform. If it is not SO
importantin other parts ofthe State, the people
outside the metropolis should consider the in
terest they all have in its welfare and vote
accordingly. To them it can make but little
difference whether their Judges are appointed
for life or elected, now that the election is for
the long space offourteen years, and to US the
elective system is deplorable evil. 1t is to
be hoped, therefore, that they will help us
with their favorable votes, and that next year
will see the last of q Judiciary that depends for
Office upon the friendship Of the men WHO
control the primaries, conventions and nomi-
nations Of the political parties in this city.