roperty and character
that there be an impartial interpretation of the laws, and
administration of justice. It is the right of every citizen to be
tried by judges as free, impartial and independent as the lot of
humanity will admit. It is, therefore, not only the best policy but
for the security of the rights of the people and of every citizen that
the judges of the supreme judicial court should hold their offices so
long as they behave themselves well; and that they should have
honorable salaries ascertained and established by standing laws." New
Hampshire, with a similar experience, adopted the same language in
Art. XXXV of her Bill of Rights. The Maryland Declaration of Rights
of 1776 contains this article: "Art. XXX. That the independency
and uprightness of the judges are essential to the impartial
administration of justice and a great security to the rights and
liberties of the people; wherefore the chancellor and judges ought
to hold commissions during good behavior."

It is true that in most of the states the official tenure of the
judges has since been reduced to a more or less brief term of years.
This fact is only another instance of the tendency of the governing
power to lower if not remove all barriers set up against it for the
protection of the individual. Majorities as well as absolute kings
like their own way. The change where made may have given majorities
greater freedom to enforce their will upon individuals, but it has not
increased confidence in the integrity of the judges nor made them more
firm to ascertain and declare only the truth.

It is true also that in most states now the people have taken to
themselves directly the task of selecting men suitable for judges
instead of entrusting that important duty to the governor or
legislature, as was the practice in the early days of the republic.
I cannot think this has tended to secure better judges, though it may
have secured judges more subservient to majorities. Effectually to
guard the constitutional and legal rights of all alike, the judges
should possess what is called the legal mind and the judicial
temperament. They should be able and learned that they may appreciate
the real meaning, purpose, and scope of the constitution and statutes;
calm and equable in temperament that they may not be influenced by
sympathy, prejudice, or other emotions; strong and courageous in
character that they may resist all pressure other than fair argument.
To find