In Ohio the appointment is by the joint ballot of both Houses." [Now, since 1851, by the people.]

Among the younger of the northern States, Indiana and Michigan also appointed their judges of the Supreme and Circuit Courts for seven years. In Michigan the judges of the inferior Courts were elected by the people for four years. The election in Indiana is thus fixed by their Constitution of 1816, s. 7 :—

"The judges of the Supreme Court shall be appointed by the Governor, by and with the advice and consent of the Senate. The president of the Circuit Courts shall be appointed by joint ballot of both branches of the General Assembly; and the associate judges of the Circuit Courts shall be elected by the qualified electors of the respective counties."*

"By the Ordinance of Congress of July, 1787, for the government of the north-western territory, the commissions of the judges were to continue in force during good behaviour. But the subsequent Constitution of Ohio and Indiana cut down that permanent tenure to one of seven years.

"OF THE SOUTHERN STATES, Tennessee appointed her judges of the Supreme Court for twelve years, and of the inferior Courts for eight years.

* By the new Constitution of 1851, the judges of the Superior Courts also are now elected by the people.

"Georgia appointed her judges of the Supreme and Circuit Courts for three years. These are elected by the Legislature. All the other judges are elected annually by the people.

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Alabama, in 1819, established the judicial tenure to be during good behaviour; but the Constitution has been since altered, and the tenure changed to six years, and the election is by joint vote of both Houses of General Assembly.

"By the first Constitution of the State of Mississippi, in 1807, the judges held their office during good behaviour, or until 65 years of age, and were appointed by the joint vote of the two Houses of the Legislature, given viva voce, and recorded. But by the Constitution, as amended in 1833, every officer of the Government, legislative, executive, and judicial, is elected by the universal suffrage of the people; that is by every free white male citizen of twenty-one years of age, who has resided within the State for one year preceding, and for the last four months within the county, city, or town in which he offers to vote. The judges of the Supreme Court of Errors and Appeals, are thus chosen by districts for six years. The Chancellor is elected for six years by the electors of the whole State. The judges of the Circuit Courts are elected in districts for four years. The judges of probates and clerks of courts are elected for two years, &c. This is carrying the democratic principle beyond all precedent in this country.

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'In Arkansas the judges of the Supreme Court hold their offices for eight years, and the judges of the Circuit Courts for four years."

Since the date of Mr. Justice Kent's summary of the different modes of appointment of judges in the different States, the great State of New York has adopted the elective system in the appointment of judges. In that State the judges, by the present Constitution, hold their offices for eight years, and are elected by the people, that is to say, "by the white male. citizens of twenty-one years of age, who have resided one year in the State, and four months preceding the election.” "Persons of colour who have resided three years in the State, and who possess a freehold of 250 dollars, and have held it one year, have a right to vote."

In the important State of Pennsylvania also the principle of the appointment of judges for terms of years has been adopted; the judges of the Supreme Court being appointed (by the President and Senate) for fifteen years, those of the Court of Common Pleas for ten, and the Associate Judges for five years. And in the State of New York the salaries of the judges of the Superior Courts are subject to an annual vote of the Legislature, which renders

them annually liable to dismissal from their posts at the pleasure of the Legislature.

In Florida the judges (since 1851) are elected by the people for five years; in Missouri, Iowa, Wisconsin, and California, for six; and in Maryland, and even in Kentucky and Virginia, by their new Constitutions of 1850 and 1851, the judges are elected by "the white male citizens of 21 years of age" (resident from six months to two years), in the first State for ten, and in the last for four, eight, and twelve years.

In twenty-two States, therefore, it appears that the judges are appointed by election, either annually (as in four instances), or for terms of two, three, four, five, six, seven, eight, ten, twelve, or, in one instance, fifteen

years.

In Illinois, and in North and South Carolina, the appointment is by election by the joint ballot of both Houses, but the term during good behaviour.

Louisiana has adopted the principle of a term of years; the judges being appointed by

the Governor for eight years. Texas also limits their term of office to six years, but places the appointment in the Governor.

In the remaining States the judges are, I believe, appointed in the manner hitherto deemed by all authority and experience to be the only one by which the independence of the judiciary can be secured, and with it the rights and liberties of the people; that is, by the Executive, and during good behaviour.

It is impossible to look upon this widespread departure from the only practice which could secure the independence of the judiciary, without recognising in it a feeling, as widely diffused, which aims at putting an end to that independence. The burden of all those elaborate arguments and earnest warnings of the greatest statesmen and lawyers whom the United States has produced, as above quoted, has been, that there was but one check, under their system of government, upon the self-will of democracies, one security against the tyranny of the majority, and that was to be found in the independence of the judicial body. We