[58] Massachusetts and New Hampshire judges are appointed and hold during good behavior, but in New Hampshire the judge is subject to recall by the Legislature and on four different occasions, judges have been removed in that state by this method. [59] United States vs. Guthrie, 58 U. S. (17 How.) 284; State, ex rel, Vail, vs. Draper, 48 Mo. 213. [60] Evans vs. Foster, 1 N. H. 374; McDowell vs. VanDusen, 12 Johns. 356. [61] From Address delivered by Judge John F. Philips, December 22’, 1912, at Omaha Club, Omaha, Nebraska, upon the “Judicial Recall.” [62] _Ante idem._ The great Wirt was asked, after the Burr trial: “Why did you not tell Judge Marshall that the people of America demanded a conviction?” And his reply showed not only the high-minded, professional gentleman that he was, but the patriotic citizen as well. It was: “Tell him that? I would as soon have gone to Herschel and told him that the people of America insisted that the moon had horns as a reason why he should draw her with them.” [63] Deuteronomy, 1-17. [64] Dr. Sprenger, in his “Life of Mohammed” says 9,000,000 were burned. [65] Upham’s “Salem Witchcraft in Outline”; Nevin’s “Witchcraft in Salem Village.” [66] Upham’s “Salem Witchcraft in Outline.” [67] North American Review, Article by Albert Fink, vol. 193, p. 690. [68] North American Review, vol. 193, p. 673, for decisions holding that a Republican form of Government is one where the whole people are represented by their representatives. [69] Mr. Rome G. Brown, in his interesting paper before the Minnesota Bar Association, confidently asserts that the United States Supreme Court ought to hold the judicial recall, in the United States as contrary to the Federal Constitution, because a denial of the Republican form of Government, guaranteed by this immortal document. [70] See Excellent Paper of Judge John F. Philips, read at Omaha Club, Feb. 22’, 1912. If such a custom generally prevailed, it is probable that in the due course of time we would indeed have: “Red ruin and the breaking up of laws.” [71] It is a just source of pride to Englishmen that not a single lynching has occurred for three-quarters of a century, in a country governed by the English law. Illustrative of the complete independence that for centuries has characterized the English judiciary, it is reported that when accosted by King James I. and asked how he expected to decide a given case, pending in his court, Sir Edward Coke, then Lord Chief Justice of England replied: “When that case shall come before me, I will decide it as a good judge ought to decide it, in accordance with the law and the evidence.” Percy’s Anecdotes on Justice. CHAPTER IV. TRIAL BY BATTLE. Trial by battle, sometimes called “wager of battel,” or “battile,” as Bouvier refers to it, could be claimed in appeals of felony and in certain civil cases and was of frequent use in affairs of chivalry and honor.[1]