The Caucasian. (Clinton, N.C.) 188?-1913, 1897-08-05
Judge Walter Clark.
CONTINUED from LIST maze I

ted States Judges. The Constitution
therefore should not only be made de-
mocratic as to the election of United
States Senators. but the Judges should
be also chosen by the people and for
a term Of years, and for the same rea-
sons that the people of the States have
made their State Judges elective. The
same reasons that apply to the other
with equal force. No State that has
once made It's Judges elective, has gone
back to the appOintive system. A
proposition Of that kind submitted to
the people of New York was over
whelmingly voted down. 1t must be
admitted, under our theory of govern
ment that the people are the best
judges of whom they should have for
their public officials. There is indeed
but one objection which can be made
to the proposition to make judges elect
tive by the people, and that is fiat
denial that they are capable of select
ing the best servants and the assertion
that some one else can do it for them
better than they can do it for them
selves.
1t was in 1920, long after he had re-
turned from the heated theatre of &C
tion that Mr.. Jefferson made his
CELEBRATED DECLARATION
that the Federal Judges were "a CORDS
of sappers and miners steadily under
mining the Constitution 1t was two
years later-in lS22-that he wrote his
letter to Mr.. Barry in which he ex-
pressed his view that the Constitution
should be amended by restricting the
Federal Judges to terms OF six years.
When the Federal Judges are made
elective by the people, the United
States District Judges and district at
torneys can be elected by the people
of their districts, as State District
Judges and district attorneys and
members Of Congress are chosen; the
circuit judges by the people of their
by the people of the States composing
t retrospective citcuits and the Chief
Jst by the whole Union.
That the public sentiment is in ia
vOr of this reform is evidenced not
only by the same change as to the
manner Of electlng State Judges. but is
common observation. AS long ago as
1891 distinguished judge and law wri-
ter and theeditOr of theleadIDg law ma
gazine in the country, gentleman
whom we have the pleasure of having
with us today wrote (25 Am. Law Rev.
2SS, March, 1S9l) "if the proposition to
make the Federal Judiciary elective
instead of appointive is once seriously
discussed before the people, nothing
can stay
THE GROWTH OF THAT SENTIMENT,
and it is almost certain that every ses-
sion of the Federal Supreme Court will
furnish material to stimulate that
growth"
In what have said there has been
no intention to reflect upon the Fed
eral Judges, either singly or in a body,
but the present mode of their selection
and tenure is undemOcratic and medi
eval and capable of untold abuse. No
depository of power in this country
should be above the power of public
supervision of his conduct. 1t is time
this matter was fully and thoroughly
discussed and the reform brought
about. 1t is no injustice to the public
servants who happen to occupy offices
which may be affected, to agitate for a
reform required by the public interest.
am aware that every Federal Judge
below the Supreme Court, though NOM
lnally holding for life, can be abolished
by an Act of Congress, since the power
that creates q Federal district or cir.
cult can abolish it at will. If it can
abolish one district, it can abolish all
at once. Several districts have from
time to time been abolished, notably
tw,i n 1901. And we know that the Is
Circuit Judges created by the Judi
ciary Act of 1901 were abolished eigh-
teen months later.
- OF of
a great public sentiment, every U. s.
District and Circuit Judge can be leg
islated out of office by simple Act of
with new judges, but that would be a
strong measure and unlike q cOnstitu-
tiOnal amendment, might be q refiec-
| ton upon the present incnnbents. 1t
! is also true, as has been pointed out by
distinguished lawyers, I hat while the U.
| S. Supreme Court cannot thus be abOl-
ished, it exercises its appellate funcr
tions with such exceptions and unde-
such regulations as Congress shall
make" Constitution, Article III, Sec
ton q and that as Congress enacted
the Judiciary Act of 1889 it can modify
or repeal it at will.
| In 1881 the att empt was made to re.
| peal the 25th section of the judiciary
| a ct of 1889 by virtue of which writs Of
error lay from State Supreme Courts
in certain cases. Though the section
was not repealed, the repeal was sup
porte d and voted for by such men al
Henry Clay and James X. Polk, name'
which have not yet lost their music il
your ears.
But what is desired is not the exer
else of such powers by Congress which
it undoubtedly possesses, and in AZ
emergency would exercise, but on
stitutional revision by which the Fed
eral Judges, like other public servants
should be chosen by the people.
But it may be said that the Fedora
Judges are now in Office for life and
would be unjust to dispussess them
, So it was with the State Judges IN eac
state when 10 changed from life Judge
to judges elected by the people, bu
this argument in no case stayed tn
reform. Indeed all the Federal Judge
except the Supreme Court, being sub
iect to be abolished at any time by q
Act Of Congress OCCUPY IN inferior Pa