The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Of the five judges, three held that the constitutionality of the
Fugitive Slave law was settled conclusively by repeated decisions
of the Supreme Court of the United States, and that the State
courts could not release the prisoner. Chief Justice Swan gave
the leading opinion. Its positions were thoroughly distasteful
to the people of Ohio. He knew they would be. His term, which
was one of five years, expired in the following February, and the
vacancy was to be filled at the State election in October. On
the day before the judgment was announced he told his wife that
this would be fatal to his re-election. "If the law makes it
your duty to give such an opinion," said she, "do it, whatever
happens." He gave it, and what they anticipated occurred. The
convention of his party declined to renominate him. He resigned
his office immediately after the election and retired to private
life at an age and under circumstances which made it
impracticable for him to re-enter the bar with success, but with
the consolation of knowing that he had acted right.
Chief Justice Day of Iowa, one of the ablest men who ever sat on
her Supreme bench, in the same way lost a re-election by writing
an opinion of the court, which announced a doctrine that was
legal but unpopular.[Footnote: Koehler _v._ Hill, 60 Iowa
Reports, 543, 603.] His term was soon to expire. He, too, knew
that this decision would prevent his renomination, and it did.
In 1885, Chief Justice Cooley of Michigan, one of the great
jurists and judges of the country, failed to secure a re-election
to its Supreme Court, which he had adorned for twenty-one years,
largely on account of an opinion which he had written supporting
a large verdict against a Detroit newspaper for libel. The
newspaper, upon his renomination, described him as a railroad
judge, and kept up a running fire through the campaign, which
contributed materially to his defeat.
Political contests cost money, and if judges appear as candidates
for popular suffrage they are naturally expected to contribute to
the expense. The other candidates on the same ticket do this,
and if those nominated for the bench did not, somebody would have
to do it for them, thus bringing them under obligations that
might have an unfortunate appearance, if not an unfortunate
effect. In New York, where some of the judicial salaries are
higher than anywhere else in the country, and the terms for the
highest places are long (fourteen years), it has been customary
for those placed in nomination to contribute a large sum to the
campaign expenses of their party. This is tacitly understood to
be a condition of their accepting the nomination, and the amount
to be paid is fixed by party practice. For an original
nomination by the party in power, it is said to be about equal to
a year's salary; for a renomination half that sum may suffice.
Public-domain text, read in full here on John Shaqi.
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