POPPED COEN. 151 



whether popular influence in seasons of excitement, and 

 upon questions of great moment, may not bias the minds 

 of Judges whose appointment is in the hands of the 

 people — whether the fear of a coming election may not 

 deter them from unpopular decisions. The influence of 

 a popular majority may here as profoundly pollute the 

 fountains of justice as the influence of the Crown ever 

 did among us at home. It is not wise to expose good 

 men to such temptations. 



The practice is consistent with the theory that all 

 power is in the people, and that all patronage ought to 

 be exercised by them. And it may be that ignorance 

 and passion may not more frequently interfere w4th the 

 appointments of the people, than favouritism and political 

 influence do with those made by sovereigns and their 

 ministers. At all events, it is said that hitherto the 

 system has worked well, and that good selections have 

 been made ; though I have heard it distinctly acknow- 

 ledged that certahi Judges had been excluded at recent 

 elections in this State of New York, because of their 

 known opinions in reference to important public ques- 

 tions which were likely to come before the courts. 



As there are no retiring pensions, the want of success 

 at a re-election necessarily sends a man back to the Bar. 

 And as in Scotland '' ance a bailie, aye a bailie" is the 

 rule, so once a judge or general, always a judge or 

 general, in the United States. Hence the numerous 

 titular judges to be met with among the lawyers, 

 and of generals and colonels among all classes of the 

 people. 



Popped corn is a novelty which the European travelling 



fill all offices with men taken from among the people, and not to con- 

 fine them to those who live by office and make politics a trade." Those 

 who are themselves fit to be taken from the counter or the plough to 

 fill the highest political offices, cannot be unfit merely to select those 

 who are to fill the highest judicial offices. 



