The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Among the men of the first eminence at the bar whom the
meagerness of the salary has kept off the bench may be mentioned
Jeremiah Mason, who declined the position of Chief Justice of New
Hampshire on this account, and William Wirt. Wirt in 1802 was
made one of the Chancellors of Virginia at the age of
twenty-nine. The salary and fees amounted to about five hundred
pounds a year. He married on the strength of it, but in a few
months found that his income was insufficient to maintain his
family, and resigned.[Footnote: "Memoirs of William Wirt," I, 91,
99.]
Dignity and power, however, are strong attractions. Theophilus
Parsons in 1806 left a practice worth $10,000 a year--the largest
in New England in his day--to take the place of Chief Justice of
Massachusetts on a salary of $2,500. After three years he sent
in his resignation, saying that he found that this sum was
insufficient for his support, even with the addition of the
income from such property as he possessed. The legislature
thereupon raised the salary to $3,500, and he remained on the
bench through a long life.[Footnote: "Memoir of Chief Justice
Parsons," 194, 228, 230.] In 1891, Richard W. Greene of Rhode
Island, who then had a practice of $8,000 a year, gave it up for
the Chief Justiceship of the State, though the salary was then
but $750, supplemented by some trifling fees. In a few years,
however, he resigned the office on account of the inadequacy of
the compensation.[Footnote: Payne, "Reminiscences of the Rhode
Island Bar," 75.]
The qualities of a judge are by no means the qualities of a
politician. The faculty of looking at both sides of a question
and the power of forming deliberate and well-considered judgments
do not tell for much in a campaign speech. The politician's
title to support is standing by his friends. The judge's duty
may be to decide a cause against his friends. Many a lawyer of
eminence might accept a nomination from a President or Governor
involving no participation in a political election contest who
would refuse one from a party convention.
The general sentiment of thinking men in the United States is
that judges should never be chosen by popular vote. It is,
however, an unpopular sentiment. The people in general do not
appreciate the difference between their fitness to select
political rulers and to select judicial rulers--to choose out
good men and to choose out good lawyers. And the people make and
ought to make our Constitutions. Rufus Choate once said that the
question at bottom was, Are you afraid to trust the people? If
you answer Yes, then they cry out that "he blasphemeth." If you
answer No, they naturally reply, Then let them elect their
judges.
Public-domain text, read in full here on John Shaqi.
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