But Now, At The Present
Moment, There Is Arising A Strong Feeling Of The Inexpediency Of
Appointing Judges In Such A Manner.
An anti-democratic bias is
taking possession of men's minds, causing a reaction against that
tendency to universal suffrage in everything which prevailed before
the war began.
As to this matter of the mode of appointing judges,
I have heard but one opinion expressed; and I am inclined to think
that a change will be made in one State after another, as the
constitutions of the different States are revised. Such revisions
take place generally at periods of about twenty-five years'
duration. If, therefore, it be acknowledged that the system be bad,
the error can be soon corrected.
Nor is this mode of appointment the only evil that has been adopted
in the State judicatures. The judges in most of the States are not
appointed for life, nor even during good behavior. They enter their
places for a certain term of years, varying from fifteen down, I
believe, to seven. I do not know whether any are appointed for a
term of less than seven years. When they go out they have no
pensions; and as a lawyer who has been on the bench for seven years
can hardly recall his practice, and find himself at once in receipt
of his old professional income, it may easily be imagined how great
will be the judge's anxiety to retain his position on the bench.
This he can do only by the universal suffrages of the people, by
political popularity, and a general standing of that nature which
enables a man to come forth as the favorite candidate of the lower
orders.
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