"Our elective judiciary has contributed immeasurably to the vicious,
demoralizing spirit of the age." The intelligent and upright judge is
the representative of the law in its simplicity, sufficiency and
learning. He is the living exponent of its justice. Whatever the law is
will appear in him, and whatever it does will be done through him. The
different departments of industrial activity center in him. The plowman
in the field, the smith at his anvil, the miner in the earth, the
operative in the factory, the banker at his desk, are all a vital part
of his being. He is the foremost agent of providence in keeping up the
natural distinction of race and position. His creed is that men are not
to be antagonists, but friends. Differ they must in usages and
institutions, in habits and pursuits; but in his opinion they differ,
not that they may be separated, but for a truer sympathy and a compacter
union. Mountains and seas insulate, language and religion differentiate
men, but the law in its economical administration corrects these things
into the elements of a genuine brotherhood. The fortunes of the world,
so far as they are delegated to human care, are in his hands. The
peaceful progress of society is blended with his personal integrity.
Commonwealths, corporations and individuals vest their wealth, their
reputation, their security in him, and if any one man more than another
is under the most sacred of earthly obligations to be an example of the
highest integrity, the most exact justice, the noblest virtue of
thought, word and action, it is the judge of our courts of record. No
feudal baron--no courtly knight--ever had the power that may now be
exercised by him.
"Our civilization pledges us to the sway of moral principles; its rule
is imperative, because we have assumed the title of men, domesticated
our hearts, and accepted the religion of Jesus Christ. Judicial life, by
the earnestness with which it has acted in the past crisis of our state
and national history, by the patriotic devotion and interpretation of
the constitution and the laws made in pursuance thereof, by its
conservative temper in resisting fanaticism, vice, corruption and fraud
has shown itself a watchful guardian of the momentous trusts confided to
its keeping. The honest, learned judge has pledged himself for the faith
of contracts and treaties; he has jealously guarded the institutions of
the country and bravely upheld them as the embodiment of our doctrines
and our hopes. The traditions, laws and customs of the country have been
committed to him, and with the ever active jealousy of encroachment, he
has not disguised his fears of centralization or oppression. Hitherto,
irrespective of all party relations, the judicial system was slowly but
surely working out the great problems of domestic prosperity. Times have
changed, however, and we have changed with them. Our present elective
judiciary is indeed the black vomit of reconstruction.
Public-domain text, read in full here on John Shaqi.
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