The _Notes_ convey to us the strong impression that Professor
Johnston's visit to the West has operated as a wholesome corrective
of a certain tendency in his political opinions. He seems to have
left home with a warm admiration of American institutions generally,
which, like Slender's love, "it pleased heaven to diminish on
further acquaintance." At all events, he could not avoid being
struck with some of the many perplexities and anomalies that
result from referring everything directly to the popular voice.
In England, whatever dissensions may arise about the enactment of
law, all are agreed in a sensitive jealousy as to the purity of its
administration. The most rampant Radical among us looks upon justice
as far too sacred a thing to be hazarded in the rude chance-medley
of popular election. The keenest partisan feels that, in the lofty
and unswerving integrity of our judges, he possesses a substantial
security and blessing, for the loss of which no place, power, or
parliamentary triumph, could compensate. To one accustomed to regard
with veneration the dignified independence of the judicial office
in Great Britain, nothing will appear more harshly repugnant to
sound policy than the system, lately introduced into some of the New
England States, of appointing all judges, high and low, by the votes
of the electors of the district over which they are to preside, and
for a limited term of years.
"It was deservedly considered a great triumph when the
appointment of judges for life liberated the English bench from
the influence of the Crown, and when public opinion became
strong enough to enforce the selection of the most learned
in the law for the highest judicial offices. Now, passing
over the objection which some will strongly urge, that the
popular electors are not the best judges of the qualifications
of those who aspire to the bench, and that the most popular
legal demagogue may expect to obtain from them the highest
legal appointment, it may be reasonably asked whether popular
influence in seasons of excitement, and on questions of great
moment, may not bias the minds of judges whose appointment is in
the hands of the people?--whether the fear of a coming election
may not deter them from unpopular decisions? The influence of a
popular majority may here as profoundly pollute the fountains
of justice as the influence of the Crown ever did among us at
home."--(Vol. i. p. 150.)
Public-domain text, read in full here on John Shaqi.
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