Popular misgovernment in the United StatesCruikshank, Alfred Byron
History
Popular misgovernment in the United States
Cruikshank, Alfred Byron
Suffrage -- United States; United States -- Politics and government
The most determined efforts of the lawyers of our great cities to make a
manhood suffrage constituency understand a judicial election have been
complete failures. It is sometimes amusing to see the straits to which
lawyers and their intelligent friends are driven to keep the judiciary
from degradation. In New York, for instance, where the judges are
elected for fourteen-year terms, the lawyers hit upon the plan of
demanding that sitting judges whose terms expire should always be
renominated by the bosses, on pain of active opposition to the entire
ticket, including their proposed successors. This really involved a
violation of the spirit of the constitution, for it aimed at a life
tenure for judges instead of the fourteen years fixed by that
instrument, to which these lawyers had sworn allegiance. It further
involved the absurdity of allowing the boss to select a judge, but never
to drop him, no matter what his record; and it resulted that a candidate
might be opposed by the bar the first time, but if elected would
certainly be supported by them the next time without in either instance
any real investigation of his record, character or attainments. All this
absurdity has been and is committed by intelligent lawyers in their
efforts to avoid the risk of manhood suffrage popular elections of high
judges. The reader can judge from this how lively the fear of popular
judicial elections must be in the hearts of the lawyers of the city of
New York.
There is of course something repulsive in the very thought of a judge of
a high court being selected in an election contest, and of his owing his
place to the suffrages of a low populace. And then, there is the
practical objection to an elective judiciary, that a judge’s qualities
are special and such as can only be ascertained upon personal
acquaintance and by men of superior attainments. The office is properly
an appointive one, but with manhood suffrage in play, some of the worst
selections for the bench have been made by state governors, in order to
reward followers or venal newspapers. There is really no remedy and no
way of taking the judiciary out of politics while either the judge
himself or the appointing power is created by manhood suffrage. The
trail of the serpent is over everything that comes from that quarter. As
for the lower courts, the selections of their judges have been
scandalous; men have been put on the bench who were ignorant of the
first principles of law; drunkards, reckless politicians, ignorant,
dishonest, uncouth, unmannerly specimens who have sought judicial office
because they had no taste for hard work, or because their ignorance or
habits were such that they were unable to earn an honest living at the
bar. Some of them are notoriously owned by politicians. Senator Breen
says that “After being whispered about among a coterie of closest
friends it becomes well-known that this particular politician owns a
certain judge and can get him to do anything.... The miserable creature
Public-domain text, read in full here on John Shaqi.
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