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tenure were those who had been in favor of the appoint-
ment of the judges, and after having given up that point,
now contended for the long term.
Gentlemen spoke of judges who prostituted their office
for partisan purposes, but, although the people might
make a bad selection, yet in case of an obnoxious judge,
if the tenure was only for a term of years, they could get
rid of him after a short time, but under the system as
reported by the committee, they would have to submit to
him during his life. Take the case of Judge Underwood,
in Virginia, who holds his office for life. Would not the
people of Virginia be glad if they had the privilege of
voting him out? These very judges of whom gentlemen
speak, it was proposed to place them before the people to
pass upon. He thought that being subject to the popular
sentiment acted as a very wholesome check on judges.
The life-tenure policy, which had been imported from
England, was not suited to our system, nor our institu-
tions in the least. He doubted not that the fact of being
within the reach of the influence of the popular sentiment
had a great effect on the judges. The whole community
was watching their decisions, and the slightest deviation
from impartiality was instantly detected and condemned.
The judges who now were the subject of public censure
were the ones who had made partisan decisions.
As to the objection to retiring all judges after reaching
the age of seventy years, it was generally the case that
even if mentally able, a judge was not physically able to
perform the duties required after reaching seventy years.
There were cases where men retained all their faculties
and vigor beyond this age, and he did admit that it seemed
hard to turn men out under such circumstances; but pri-
vate interests must subserve to the public necessity, and
the services of such a judge had better be lost than en-
danger the rights of the citizens and of property by the
retention of incompetent judges. The life, liberties and
property of the people should never be endangered by be-
ing placed in the control of a man mentally or physically
incompetent.
Mr. Farnandis would say with his colleague (Mr. Archer)
that he was unwilling to try experiments. One thing was
certain, the evils of today press upon us, but time throws
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