New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-09-16
THE ELECTION or JUDGES.

upon the question whether the Judges shall be
elected by the people or appointed by the
Executive, subject to confirmation by the
Senate. 1t is impossible under any form of
government to establish rules for the election
of Judge or any other officer, which of them
selves. without the eternal vigilance that has
become so trite reference, will always give
us honest administration. But we believe 1t
has come now to be a pretty generally adj
mitted fact that, so far as the choice OF
judges is concerned, popular election Is a
failure, and that the change from that to the
system of Executive appointment, as suggested,
cannot be otherwise than an improve
ment. We have had a sad expert
ence in the past eight or ten years
with elected Judges. Happily we are rid of
some of the worst specimens of the fearful
crop of corrupt and incompetent political ad-
venturers fastened upon us by baneful and
pernicious caucus system. But what has been
done in the wayOf taking up pettifOgging scampS
who run a ward or rule caucus and putting
them upon the bench may be done again. All
reforms are at the best spasmOdic. The
reform or partial reform of the judiciary which
has been accomplished within the past two
years will be incomplete and temporary in
character if it stop at the expulsion from the
bench of the bad men who have disgraced 1t.
That is not enough. The work OF reform
should be not only to drive these men out,
but to lock the door and keep them out, and
keep out all their kind forever.
With our experience of an elective Judiciary
and our acquaintance with the domination OF
the caucus and the absolute tyranny of party,
we are prepared to say that so long as judges
are elected by the people the chances are
more than ten to one for having an unit and
incompetent bench. Perhaps not always cor
rtpt, nor always absolutely incompetent, but
always unworthy, always on the low
grade of the caucus; judges that come
from the school OF the shyster and
pettifogger, instead OF men learned in the
law, who would give dignity and character to
the bench. 1t cannot in the nature of things
be otherwise. We speak now only of what
experience has demonstrated, emitting the
argument, which seems to lis unanswerable,
that the judicial Office should for Its own
purity be removed as far as possible from the
vulgar touch, and from any possible relation
of dependence upon the citizen in his primary
capacity. Whatever may be said upon that
point, however, as a matter of theory, 1t Will
hardly be denied that experience has demon
strated that, with party discipline and party
organization what they now are, the expert
ment of an elective judiciary is a failure.
Nor is the plan which is practiced in some
States of electing judges by the Legislature
apy better. Indeed we doubt if it is not much
worse. For whenever judges are so chosen,
it invariably happens that the Office is made a
matter, if not of open purchase and sale, GER
tainly of fragrant bargaining and trading, and
the Judge takes his seat under the cloud of
having obtained it not upon his own qualifi-
cations or fitness, but upon the ability OF bis
friends to make sharp bargains with the other
offices at their disposal. Connecticut had
very striking illustration Of this in the last
session of her Legislature. BY the usual
process of trading off other offices for judge
shps, two or three candidates-nOt one of
whom would have been nominated by self
respecting Executive, had the power been his
were put in nomination, and it was only by
dead lock between the two branches, by
which the seats were left vacant and the
election passed over to the next General
election by the people nor election by the
Legislature insures honesty and capacity in
this most important department of govern
ment.
On the other hand. the States which have
pursued the plan of Executive appointment,
with power of confirmation or rejection in the
Senate have had almost without exception
Judges of the highest character, who have
adorned the bench by their learning and
ability, and reflected honor upon State and
nation. The United States Courts, which are
organized under Executive appointments, have
had, with very rare exceptions, judges of learn
ing, ability, and integrity to preside over
them In the strange and anomalous condi-
ton of affairs in the country for the past few
years, when incompetent and dishonest men
have flooded the offices, and considerations of
fitness have been subordnated to those of party
service we have had Durell and Sherman
but in country gone party mad, as this has
been, we should very likely have had more of
them and worse under any other system OF
choosing. 1t is to be remarked that i'll the
higher Federal Courts there have been no such
disgraceful appointments. No one knows, of
course what President Grant may do in the
selection of Chief-Justice; but it is worthy
of remark that of all the candidates named by
the press and people in the list from which he
is likely to select there is not one against
whom any objection on the ground of capacity
or integrity can be justly raised.
1t may be argued that mere politician
such as might possibly be elected Governor
would be likely TO appoint judges of his own
kind and class. True enough but it il To be
replied that with all our bad management and
corrupt politics we have never had Governor
yet whose self-respeet and sense of duty and
would not have forbidden his
making such appointments as parties and
have dlsgraced us with. Nor is il
probable that the Senate, whose approval
hn ,unilI c1.,,.,.,.-. -