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’TIS SIXTY YEARS SINCE
51

I do not hesitate to say I would adhere to older, and, as I think, better principles, or revert to them where they have been experimentally abandoned. It took the Anglo–Saxon race two centuries of incessant conflict to wrest from a despotic executive, practically an autocracy, judicial independence. That was effected through what is as a tenure during good behavior, as opposed to a tenure at the will of the monarch. This, then, for two centuries, was accepted as a fundamental principle of constitutional government. Of late, a new theory has been propounded, and by those chafing at all restraint—constitutionality lawless in disposition—it is said the Recall should also be applied to the Judiciary. Having, therefore, wrested the independence of the Judiciary from the hand of the Autocrat, we now propose to place it, in all trustfulness, in the hands of the Democrat. To me the proposition does not command itself. It is founded on no correct principle, for the irresponsible democratic majority is even more liable to ill-considered and vacillating action than is the responsible autocrat. In that matter I would not trust myself; why, then, should I trust the composite Democrat? In the case of the Judiciary, therefore, I would so far as the fundamental law is concerned abide by the older and better considered principles of the framers.

Next, the Executive. Again, we hear the demand of Democracy,—the Recall! Once more I revert to the record. This Republic has now been in working operation,