Year: 1868

In other days, the glory of our nation was
an incoruptbe Judiciary. Men reposed with


confidence upon the honest and intelligent ad


ministratiOn of the law of the land, and felt
reasonably secure in their persons and property.
Judges were appointed and confirmed by the
highest executive and legislative authorities of
the State; they held Office during good be-
haviOr, or until an advanced period of life,
and were independent of party prescription or
political power. In an evil day, the great error
was committed of electing Judges like Alder
men for short terms 10y the direct vote of the
people and from that hour the actual appoint
ment of Judges vested in intriguing ire


sponsble politicians and the constantly
recurring expiration of their terms forced men
of less than Spartan virtue to court the popu-
lace and flatter party leaders. Very soon, it
was found that no exertiOn or cOmpalsance
could insure q denomination to q worthy Judge.
The place came to be regarded as valuable for
the power and patronage it welded, and men
with neither moral nor intellectual fitness as


pired to and obtained seats upon the bench.
In an unhappy hour, it came to be suspected,
| and afterward TO be generally believed, and
| finally to be known, that certain Judges were
| guilty of corrupt practices. BY and by, the
| corrupt Judges were known to have so much


political power that they were enabled to over


awe the rest of the bench and to dictate who
should be made Judges, not only in their own
but even in adjoining districts. To make their
own positions perfectly secure, it was under


stood that, to a certain extent, they made their
associates partners in the profits of their profit


gacy, not by sharing with them, perhaps,
- lin
moneys received by connivance with referees
and receivers, but by showing favOrs TO the
sons and other near relatives of their col
leagues. To preserve political influence, Judges
became willing TO sacrifice their dignity and
degrade their offices by presiding over partisan
political meetings, and did not hesitate t.
abandon their duties as Judges, but without
relinquishing their salaries, in order TO serve
their party in constitutional conventions. Nor
did they disdain to stoOp and to act as mem
bers of nominating caucuses. The body Of the
bench escaped suspicion of that kind of cor
ruptiOn which consists in taking so much
money for such decision, but very few were
believed to be uninhuenced by the power Of
men or the dread of party, and fewer still to
be influenced by the fear Of God. The mer-


chant, hitherto secure in his legal rights was
advised by bis counsel that, before certain


Judges, it was hopeless task to seek to avoid
the ruinous step of having receiver appointed,
where the least opening for such an appoint
ment existed, unless counsel were employed
having peculiarly intimate relations with the
Judge If it was certain that the receiver
could make money, it was equally certain that
he would be appointed without regard to law
or equity, and the receivers name was as well
known before as after his appointment. AS to
the lesser nuisance OF referee, that was o
matter Of course in any case where one could
be appointed and, i'll some cases. where such
an appointment was known to the law, such as
referees to decide motions brought before the
Court Oh afidavits, no matter how large q
bill was charged 10y the receiver or the referee
il was sure to be sanctioned by the Court, If
not perchaDce indorsed; and many thought
these officers had some private expenses to pay
which were not put into their bills. BY degrees,
the bar were partially debauched by the grant
ing of extra allowances unknown TO the law,
and unfounded in justice or reason, demon
strating that Judges should not be intrusted
with this much-abused privilege of paying their
favorite lawyers at the expense of suitors, and
Of Withholding even what is just from those
they do not like and do not care to win. The
most hdeous development Of one mans in
nuence over the entire Court was shown where
single Judge, sitting at special term, ventured
to speak for a majority of his associates, with
whom he must either have privately consulted,
or whom he believed too timid to differ in opin
ion with himself upon a point he personally
wished to carry. In short, in a hundred forms,
the presence OF impurity upon the bench has
made itself more than suspected to the bar Of
this city. and the general public have become
80 convinced that corruption exists, that very
inferior counsel have received enormous fees |
ior the sake OF their supposed influence What
ever the real extent Of downright corruption