at large means
the majority, and the majority is a party, and by definition a party can
hardly be impartial.

But democracy does not want to be judged by a caste. In the first place
because it abhors castes, and secondly because it does not care about
impartial justice. Do not exclaim at the paradox. Democracy does want to
be judged impartially in little every-day cases, but in all important
cases in which a political question is involved and in which one of the
majority is opposed to one of the minority, the verdict then has to be
for the stronger side.

It says to the judicial bench what a simple-minded deputy said to the
President of the Chamber: "It is your duty to protect the majority."

This is why democracy clings to its official magistracy, which contains
some good elements though its members cannot always be impartial. They
were condemned by the mouth of one of their highest dignitaries who
answered when questioned about some illegal proceeding: "There are
reasons of high State policy," thus throwing both the law and the judges
at the feet of the Government. On another occasion, with the very best
intentions, in order to put an end to an interminable affair, they
turned and twisted the law and set a bad example; for by not applying
the law correctly, they laid themselves open to endless and justifiable
attacks upon their decision; they did not procure the longed-for
settlement, and, instead, left the matter open to interminable dispute.
They have knowledge, good sense and intelligence, but as their want of
independence, in other words their moral inefficiency, neutralises
their technical efficiency, they do not and cannot possess authority.

Democracy will inevitably go further along the road towards its ideal,
which is direct government. It will want to elect the judges.

Already it chooses them remotely in the third degree; for it chooses the
deputies who choose the Government, which chooses the judges; and to
some extent, in the second degree, for it chooses the deputies who bring
pressure to bear upon the nomination of the judges and interfere with
their promotion and their decisions. This also is remote.

And, as by this constitution, or, rather by this practice, recognition
is given to the principle that it is the people who really appoints the
judges through its intermediaries, democracy, always logical and matter
of fact, would like to see the principle applied without concealment,
and the people