New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-20

of the State. III the elective sysVem breaks
down here, it breaks down universally. w.
f. doubts whether even in unfortunate New
"York City" our judges are any worse than
Eve would have had by appointment from
" Albany If he means appointment by the
Legislature, we agree with him; but New York
has never had Governor who would have
appointed McCunn or Barnard. The Governor
of State like New-Yotk is pretty
certain TO be man of good personal
character, because neither party can afford
to place before large and, on the
average, yirtuous constituency candidate
whose character viii not bear examination. In
small districts, however, where the power OF
political managers is greater, and the number
of scrutinizing eyes il less, bad Legislators and
bad Judges are elected every year. lt comes
to lust this: an appointed Judge Is selected by
the highest functionary of the State-an officer
who feels bis responsibility to the whole peo-
pie of the State, and is always held to strict
account for the character of his appointments; ;
while an elected Judge is chosen not by the
people but by caucus of professional poll
ticians who are responsible to nooooy' ana are
never held to account at all.
2. The plea that it is undemocrauc TO refuse
to trust the people shows an entire mlscOn-
ception of the nature of our form OF govern
ment. Our system is not democratic put rep
rescntatiye. We do not trust the people to
make laws or to repeal them. we do not
trust them to declare the meaning OF the laws
We do not trust them to do II thousand other
things which pertain to the ADMINISTRATION OF
government. Theoretically they DO not even
choose the President of the United states, but
that is done for them by a college OF repre-
sentative electors and it is because that de-
vice does not accomplish in practice what it
is supposed to do in theory that we now talk
about abOlishing it. The American principle,
in short is the principle ct delegated
power The people lntrust 10 their rep
resentatives IA commission to do Tor Jhem
what they cannot safely or conveniently DO
for themselves, and the power OF appointment
70 office is one of the public functions which
they have always most freely delegated. II
the democratic theory requires that they should
choose all public officers directly at the polls
why do they not vote for generals and adInl-
rails. for members of the cabinet, clerks III the
departments, doorkeepers to Congress, police
men, postmasters and collectors Legislators
and Governors and Presidents ought to be
elected because they are chosen to express and
TO execute the will of the people. But Judges
are not representatives of the people, They
are not the mOuthpieces of the popular WILL
but the interpreters of the law which is above
the popular will.
3. 1t is such little while since the Erie
Railway Company kept its own elected Judges
in New-Yorll that one can hardly listen with a
straight face to the objection that the appoint
ing system would soon make tine courts mere
creatures of monopolists and rich corporations
We have only to bethink ourselves for moment,
and we must admit that it is invariably the
elected officers, such as Congressman and State
Senators and Assemblymen, over whom the cor
porations most easily obtain control And the
reason is that it is easier and safer to corrupt
a man indirectly by aiding his election than TO
buy him outright