The Position Of The National Judges As To Their Appointments And
Mode Of Tenure Is Very Different From That Of The State Judges, To
Whom In A Few Lines I Shall More Specially Allude.
This should, I
think, be specially noticed by Englishmen when criticising the
doings of the American courts.
I have observed statements made to
the effect that decisions given by American judges as to
international or maritime affairs affecting English interests could
not be trusted, because the judges so giving them would have been
elected by popular vote, and would be dependent on the popular voice
for reappointment. This is not so. Judges are appointed by popular
vote in very many of the States. But all matters affecting shipping
and all questions touching foreigners are tried in the national
courts before judges who have been appointed for life. I should not
myself have had any fear with reference to the ultimate decision in
the affair of Slidell and Mason had the "Trent" been carried into
New York. I would, however, by no means say so much had the cause
been one for trial before the tribunals of the State of New York.
I have been told that we in England have occasionally fallen into
the error of attributing to the Supreme Court at Washington a quasi
political power which it does not possess. This court can give no
opinion to any department of the government, nor can it decide upon
or influence any subject that has not come before it as a regularly
litigated case in law.
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