The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The judiciary may also have suffered somewhat in the esteem of
dispassionate observers on account of its attitude in many of the
States toward the financial enterprises in corporate form, in
which so much money was made and lost in the first third of the
nineteenth century. In commenting on a judicial opinion in a
Southern bank case, the author of one of our leading American
legal treatises, himself once a judge, has referred to this
period in these plain words:
Decisions of this kind, which were not infrequent in the era of
State banks of issue, can only be "reconciled" with modern
holdings in view of the well-known fact that nearly all the
politicians were creditors of those political banks, by notes
often renewed, at the time when they finally suspended, and
that all the judges were politicians. It can hardly be doubted
that in many of those semi-barbarous decisions the judges were
either rendering decisions to exonerate themselves from their
liabilities to the insolvent banks or to exonerate powerful and
influential politicians upon whom they depended for the tenure
of their offices.[Footnote: Thompson on "Private Corporations,"
V, p. 5306.]
It is quite probable that an insensible bias in favor of friends
and neighbors may have had its share in producing the judgments
to which reference was thus made, but quite improbable that they
were the fruit of baser motives. Independently of other
considerations, every judge is watched by sharp eyes in every
step which he may take in the progress of a cause. He acts in
view of the bar at large, and of two of their number in
particular, one of whom probably will be disappointed by his
decision, and solicitous to ascertain and employ every reasonable
ground for overturning it.
The Bar Association of the country have exercised a large
influence during the past thirty years in maintaining public
confidence in the purity of the bench.
It is extremely rare that suspicion of corruption attaches to a
judge; and rarer still that it attaches justly. Jurors are
occasionally found who are guilty of it, and more who, without
being chargeable with so black a crime, are more interested in
serving a friend than in doing justice. As a whole, however,
American courts are clean-handed throughout, and the people know
it.
The judiciary has been popularized in most States by
constitutional provisions replacing tenure during good behavior
by stated terms of years, and appointment by the Governor or
legislature by election by the people.
Public-domain text, read in full here on John Shaqi.
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