offices of attorney-generalships and chief-clerkships, which are all
held by the same lax tenure of popular favour. Even if the system
has "worked well," as it is said to have done by American writers,
during the four or five years it has been in operation in New
York--even if it be true that the lawyers of the Empire State have,
by avoiding the snares thrown in their way, given proof individually
of the probity of Cato, and of a constancy worthy of Socrates, we
still say that the State does wrong in putting their virtues to such
a test. Mr Johnston supplies us with an example of the temptation
it holds out to a dangerous pliancy of principle. Most of our
readers must be aware of the existence of an active and noisy party
in the States, who, under the name of "Anti-renters," are seeking
to free themselves from payment of certain reserved _rents_, or
_feu-duties_, as they would be termed in Scotland, which form the
stipulated condition of land tenure in a certain district.
"The question has caused much excitement and considerable
disturbance in the State. It has been agitated in the
legislature and in the courts of law, and the supposed opinion
in regard to it of candidates for legal appointments, is said to
have formed an element which weighed with many in determining
which candidate they would support. During the last canvass
for the office of attorney-general, I met with the following
advertisement in the public journals of the State:--
"'I have repeatedly been applied to by individuals to know my
opinions with regard to the manorial titles, and what course I
intend to pursue, if elected, in relation to suits commenced,
and to be commenced, under the joint resolution of the Senate
and Assembly. I have uniformly replied to these inquiries, that
I regard the manor titles as a public curse which ought not
to exist in a free government, and that if they can be broken
up and invalidated by law, it will give me great pleasure;
and I shall prosecute the pending suits with as much vigour
and industry as I possess, and will commence others, if, on
examination, I shall be satisfied there is the least chance of
success. I regard these prosecutions as a matter of public duty,
and, in this instance, duty squares with my inclination and
wishes. 'L. S. CHATFIELD.'
"Mr Chatfield," adds Professor Johnston, "_is now
attorney-general_; and I was informed that the known opinions of
certain of the old judges on this exciting question was one of
the understood reasons why they were not re-elected by popular
suffrage, when, according to the new constitution, their term of
office had expired."--(Vol. ii. p. 291.)
Public-domain text, read in full here on John Shaqi.
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