Perhaps the most certain proof that any people can give of a high moral
condition, is in the administration of justice. Absolute infallibility
is unattainable to men; but there are wide chasms in right and wrong,
between the legal justice of one state of society and that of another.
As the descendants of Englishmen, we in this country are apt to ascribe
a higher tone of purity to the courts of the mother country, than to
those of any other European nation. In this we may be right, without
inferring the necessity of believing that even the ermine of England is
spotless; for it can never be forgotten that Bacon and Jeffries once
filled her highest judicial seats, to say nothing of many others, whose
abuses of their trusts have doubtless been lost in their comparative
obscurity. Passing from the parent to its offspring, the condition of
American justice, so far as it is dependent on the bench, is a profound
moral anomaly. It would seem that every known expedient of man has been
resorted to, to render it corrupt, feeble, and ignorant; yet he would be
a hardy, not to say an audacious commentator, who should presume to
affirm that it is not entitled to stand in the very foremost ranks of
human integrity.
Ill paid, without retiring pensions, with nothing to expect in the way
of family and hereditary honours and dignities; with little, in short,
either in possession or in prospect, to give any particular inducement
to be honest, it is certain that, as a whole, the judges of this great
republic may lay claim to be classed among the most upright of which
history furnishes any account. Unhappily, popular caprice, and popular
ignorance, have been brought to bear on the selection of the
magistrates, of late; and it is easy to predict the result, which, like
that on the militia, is soon to pull down even this all-important
machinery of society to the level of the common mind.
Public-domain text, read in full here on John Shaqi.
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