Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-09-18
AN ELECTIVE JUDICIARY.

1t may not,appear quite pertinent tothe
present local situation of affairs in this
state TO discuss the question of how
iudicia officers should be elected or
appointed. The constitution of the
United States provides that the judicial
power of the United States shall
be vested in one Supreme Court,
and in such inferior courts as Congress
may from time to time ordain and es-
tablish. The judges of the United
States Courts are appointed by the
President, and confirmed by the Senate,
and hold their office during good behav-
Tor, and are entirely independent of the
appointing power forever after confirm
alton, and unless they resign or are I'M
peached they hold office during life.
In New York the judges are elected
by the people for term of fourteen
wears. In Vermont the judges of the
Supreme Court are elected by the Legis-
lature for term of two years, and all
others by the freemen of counties or of
districts. SO here in these three in
stances we have an illustration of the
three most common methods of appoint
ing or electing judiciary, and we shall
obtain from the practical operation of
these three systems, a correct theory of
which is the best. In the United States
Courts we have, as a general rule not
only remarkable ability, but also re-
markable purity of life and action. The
Judges usually pertake of the political
complexion of the administration which
appoints them, but as they hold life APP
pointments, the intervals between the
appointments for the various places are
at such long and irregular duration, that
the judiciary of the country cannot be
changed with the changes of admins
tration, and the judges at once settle
down to the steady and laborious work
of lifetime, and generally party poll
tics are soon forgotten, or rarely ex-
pressed by them and political judgments
are seldom if ever rendered.
In New York under their elective sys-
TEN the Judges are usually active politi-
clans, who have shown skill in the man.
ipulating of conventions and caucuses.
Such men as Barnard and Cordozo,
have been elected to the Supreme bench,
and the odious reputation of New York
Judges, have not only been noxious to
all the people of New York but has
extended across the broad ocean and
been banded as word Of reproach on
the other side Vermont has practically
adopted the same rule as to term of of
fee as the federal constitution. For al
though the forms of an election are gone
through with every two years, it is all
mere form, and the Judges are reelected
until they decline to, further serve. But
in other States where these legislative
elections are held we find that they are
made subject of barter, more or less,
Connecticut has presented a striking ex-
ample in the dead lock at the last ses-
sion where by trading in offices, each
branch brought forth Judgeship, mel
Their of which Governor with any self
respect would have nominated.
We believe the Judiciary should be
wholly independent of political aspira-
tions and influences, that the tenure of
all judicial offices should be during good
behavior, always, and that never during
the life of a good judge should any po-
litical convention be able to replace
Lawrence with a Craig A term of
fourteen years is better than two years,
but the life tenure, if he behaves well,
is still better. Then let the other two
branches be combined in the appoint
ment of the third. Let the executive
nominate and the Legislature confirm,
and we trust we should show in every
community what the United States Su-
preme Court has always been, without
exception, every Judge of which has al
ways been of the highest character,
adorned the Bench by his learning and
ability, and reflected honor on the ma
ton, This rule is, in our opinion, the
only true one, and we hope to see the
people of the Empire State, at their
next general election, adopt the proposed
change they are to vote upon, freeing
their Judiciary from the dirty pool of
ward politics.