Be  it  so.  Now  let  us  see  how  the  judges  of  the  court  for  the  correc-
tion of  errors  were  elected  in  New  York.  The  members  of  that
court  were  elected  on  political  grounds,  in  the  strife  of  political
elections,  in  the  hottest  times  of  political  excitement — ^were  even
elected  in  1840,  when  men  were  carried  away  in  a  whirlwind  of
excitement  that  they  could  not  themselves  analyze,  and  that  was
therefore  fiercer  and  more  unreasonable.  In  the  election  of  these
judges,  none  asked  whether  they  were  competent  as  lawyers,  com-
petent as  judges,  learned,  cool,  calm,  bold,  energetic,  industrious,  or
independent  of  political  feeling.  Men  asked  whether  they  were  good
partisans,  whether  they  were  in  favor  of  certain  political  moves,  or
perhaps  whether  they  were  available.
Yet  under  all  these  circumstances  this  court  was  not  to  be  despised
for  its  corruption,  and  was  in  the  end  abolished  not   because  the


POPULAR  PROCEEDINGS  AND  DEBATE  495

principle  of  election  was  deemed  wrong,  for  that  principle  only  was
retained,  but  because  its  duty  as  lawmaker  and  law-expounder
clashed,  and  because  the  people  had  not  a  fair  opportunity  to  show
their  discrimination  when  they  were  obliged  to  elect  men  for  the
many  different  purposes  for  which  these  men  were  elected.  Depend
upon  it  the  people  will  support  men  who  oppose  their  wishes  on  the
bench,  when  such  opposition  is  exercised  conscientiously.  Boldness
men  admire,  even  when  opposed  to  their  wills;  and  the  judge  who  has
sense  enough  to  see  what  is  right  will  secure  not  only  the  goodwill
but  the  enthusiastic  respect  of  those  who  elect  him.
