150 INDEPENDENCE OF THE JUDGES IN DANGER. 



Supreme Court are chosen by the electors of the Judicial 

 district over which they preside, and the Judges of the 

 Court of Appeals by the electors of the whole State. 

 These Judges have fixed salaries, are elected for eight 

 years — going out by rotation — and may be removed by a 

 concurrent resolution of two-thirds of the Assembly and 

 of a majority of the Senate of the State. 



There are, in all, thirty-six Judges of the Supreme 

 Courts. Four sit in the Court of Appeals, and four in each 

 of the Supreme Courts located in the eight judicial dis- 

 tricts of the State. The professional rank of all is equal, 

 and their salaries alike — 2500 dollars a-year. This 

 salary for an uncertain period only, and the liability to be 

 thrown out of office without a retiring allowance, at the 

 popular will, will scarcely enable the bench of the State 

 to secure the highest talent of the bar, in a litigation- 

 loving country like this. 



To those, also, who are as sensitive in regard to the 

 purity and independence of the Judges of their country, 

 as to the perfection of its political institutions — especially 

 to persons born in Europe, or who are familiar with the 

 history even of English courts of justice — this mode of 

 election by popular suffrage appears by no means void 

 of danger. It was deservedly considered a great triumph 

 when the appointment of Judges for life liberated the 

 English bench from the influence of the Crown, and 

 when public opinion became strong enough to enforce 

 the selection of the most learned in the law for the 

 highest judicial offices. Now, passing over the objection 

 which some will strongly urge, that the popular electors 

 are not the best judges of the qualifications of those who 

 aspire to the bench, and that the most popular legal 

 demagogue may expect to obtain from them the highest 

 official appointment,* it may be reasonably asked, 



* In the estimation of the Barnburner section of the democratic 

 party, this objection has no weight — one of theii' principles being " to 



