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
who is robed in judicial honors reposes in perfect ignorance of the
ignominy which his acts of dishonor are bringing on his name. This has
been the fate of many a judge.” (_Thirty Years in New York Politics_, p.
25.) A New York newspaper in the Tweed days said that there was no
quarter of the civilized world where the name of a New York judge is not
a hissing and a byword. The New York bench has on the whole improved
since 1871 when this was written; but it is very far from being what it
ought to be, and its attainment of a high standard is impossible under
manhood suffrage.
Taking the judicial system of the United States as a whole for the last
three quarters of a century it must be said that the administration of
justice has been inefficient; a large percentage of the judges have been
and are unfit for their places; clerks and sheriffs corrupt and
incapable; there have been chronic and intolerable delays; juries almost
everywhere carelessly selected, and usually incompetent and morally weak
or dishonest; inferior magistrates corrupt and unfit; many of the trial
judges weak and slow and referees and masters grasping and extortionate.
Congress and the several states have adopted the stupid policy of
underpaying the bench, apparently on the theory that any lawyer is
capable of being a judge; and of employing as few judges as possible in
order to save some of the money elsewhere so wickedly squandered. These
foolish economies to offset reckless waste are characteristic of the
lower classes; they are given effect by universal suffrage, and
harmonize with the whole inefficient outfit. The result is that in many
cities important cases are on the trial calendars for months and even
years waiting to be heard because there are not judges enough to hear
them promptly; erroneous decisions of weak and ignorant judges keep the
appellate courts busy ordering reversals and granting new trials; and a
controversy that ought to be disposed of in a few months may drag along
for years and until some of the witnesses have disappeared or died and
others have forgotten all they once knew about the case. Mr. Bryce, in
his _American Commonwealth_, treats the subject of the judiciary with
great circumspection, and with an evident desire to speak well of the
American bench, but is unable after “careful inquiries” to answer even
in the matter of honesty for more than “nearly all the northern and most
of the southern and western states.” He says that “In a few states,
probably six or seven in all, suspicions have at one time or another
within the last twenty years attached to one or more of the Supreme
judges,” and has “never heard of a state in which more than two or three
judges were the objects of distrust at the same time.” It is worth while
to stop to realize what this amounts to: from twelve to twenty dishonest
judges of the highest state courts in the United States, actually
sitting day after day, dealing out infamy under the name of justice;
Public-domain text, read in full here on John Shaqi.
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