"It may be seriously questioned whether under any circumstances the
elective system is adequate for the purpose designed. All classes, high
and low, sooner or later come before the tribunal of justice. Its
judgments and decrees affect the humblest, as well as the most powerful
individual and control the strongest combinations of men. We know that
it is utterly impossible to keep the nomination and election clear of
mere political influences and those of the worst kind. It is said that
revolutions never go backward; nevertheless in the teeth of the adage I
confess that I can see no better way of selecting judges than the mode
pointed out by the unamended constitutions and the laws and by the
general good sense of mankind. I believe that this method is wise and
conservative, in harmony with our institutions and sufficiently
democratic to satisfy the people. All the rest is faction, demagogism
and cabal. The judge should represent no interest, no party, only the
law; he is an umpire between man and man, between the individual and the
body social.
"What is required in the judge is ability, learning, integrity. In
public station it is as necessary to be thought honest as to be so, and
the moment the popular mind once takes in the true position of the
elective judge, the moment that it perceives the magistrate to be
possessed of neither true power nor real dignity, and exposed
perpetually to temptation, that moment the influence and usefulness of
the judge will be destroyed. Their judgments in such cases will be
received without respect and obeyed only so far as they can be enforced,
and if the people shall ever break down and trample under foot the
defences of unpopular power; the Judiciary will be scouted from their
seats, their filthy and tattered ermine will be torn from their backs,
and they will be driven out into hopeless ignominy as the meanest of
sycophants, and the most truculent of demagogues.... A hundred and
eighty years ago the English parliament, sick of the miseries resulting
from a corrupt judiciary, changed the tenure of the office, abolished
their dependence on the sovereign and made the tenure of their
existence dependent on their good behavior alone. From that time to this
the English judiciary has risen in character and influence. With us the
system is elective. The judicial candidate, like a fish monger, goes
with his wares into a market overt. He advertises his opinions--his
promises, he makes his pledges, he puts a premium upon the ballot, he
weighs to a nicety the purchasable value of negro electors. The rival
candidate does the same, and hence the office is purchasable at the
price of manhood, integrity, learning and capacity. Thus the whole
machinery of the courts is run with an eye single to making political
capital for the radical party and intensifying their hatred toward the
South.
Public-domain text, read in full here on John Shaqi.
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