At first sight, it seems quite unaccountable that an enlightened
people should ever have devised or sanctioned a system which so
obviously exposes the bench to the risk of corruption; and one is
at a loss to reconcile a reverence for the law with an ordinance
that subjects her minister to the ordeal of canvassing and cajoling
all and sundry--perhaps the very men who may next day be in the
dock before him. But the root of the anomaly is not hard to find.
Into the purest of republics ambition and cupidity--the love of
office and the love of dollars--will force their way. But then,
under that form of constition, situations of trust and emolument
are necessarily few in comparison to the number of candidates for
them. The offices in the civil departments of the United States
governments are not numerous. The navy employs altogether some five
hundred officers above the rank of midshipman--exactly the number
of our post-captains; and the whole army of the Confederation, rank
and file, musicians and artificers included, is very little over
ten thousand men. There is little temptation to enter the medical
profession, in which learning and experience go for nothing, and a
Brodie is precisely on a level with a "Doctor Bokanky;"--nor the
Church, in which the pastor is hired by the twelvemonth, and is
thought handsomely paid with a wage of £100 a-year. What field,
then, remains for the aspiring spirit but the law?--and what
wonder if the sixteen thousand attorneys, who, we are told, find
a living in the States, and take a leading part in the management
of all public business, should vote "the higher honours of the
profession" far too few to be retained as perpetual incumbencies?
Hence has sprung the device of popular election to, and rotation
in, the sweets of office, which, by "passing it round," and giving
everyone a chance, is designed to render it as generally available
as possible. The constitution of the judiciary is not uniform, but
varies in almost every different state. In New York, the Judges of
Appeals, as well as those of the Supreme and Circuit Courts, are
elected by the people at large, and for a term of eight years,
each leaving office in rotation. In New Jersey they are appointed
for six years by the governor and senate; in Vermont, annually by
the legislature. In Connecticut nearly the same system prevails as
that in Vermont; while in Massachusetts the judges retain office
"during good behaviour." The salaries are not less various, in some
States the remuneration of judges of supreme courts being £500
a-year, which is about the highest rate; and in others so low as
£180. There are no retiring allowances in any case; and as they are
thus liable to be thrown out of office at an uncertain period, or
compelled to vacate it after a short term of years, it can scarcely
be expected that such remuneration will secure the highest grade of
legal acquirements, either for the bench itself, or for the inferior
Public-domain text, read in full here on John Shaqi.
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