The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In States where the judges are only appointed for a certain term
of years, it is not unusual for the Governor, if he has the power
of nomination, to exercise it in favor of outgoing judges who are
his political opponents. So, also, if there happen to be several
original vacancies to fill, it is the traditional method in a few
States to give one of the places to a member of the opposition
party. If the election belongs to the legislature, a similar
practice prevails in some of the older States. In Connecticut
but six instances of refusing a re-election to judges of the
higher courts for mere party reasons have occurred for more than
a hundred years.[Footnote: Judges Baldwin, Goddard, Gould and
Trumbull were dropped in 1818 and 1819 as an incident of the
political revolution which destroyed the Federalist party in
Connecticut and brought about the adoption of a Constitution,
under which the judges were to hold for life, to replace the
royal charter. Judges Seymour and Waldo were dropped in 1863
during the Civil War, because they were classed with the "Peace
Democrats." Their successors, however, were appointed from the
"War Democrats," though the legislature was Republican.] In
Vermont, where elections to the Supreme Court were annual, Judge
Redfield was placed on the Supreme bench and then re-elected year
after year for twenty-three successive years by legislatures
controlled by the party politically opposed to him.[Footnote:
Edward J. Phelps, "Orations and Essays," 220.]
In a few States it is not customary for his party to renominate a
judge more than once. Two terms are considered enough for one
man, and when he has served them he should make room for some one
else. Many a judge has thus been taken from the bench at a time
when, with the aid of experience, he was doing his best work.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account