lative, perseveringly accumulative business men. Wholesome and well-executed laws make man trusty, generous in credit, giving, expansive, and associative. Despotic and arbitrary governments, on the other hand, cripple this spirit in man, make him sly, beggarly, distrustful, hoarding, in one word-Chinese. We should then not expect that our officers to be less speculative than the rest, nor should we grumble if many are eager to get an office. This desire for office and money is the sole cause of parties, and the glue that makes them cohere or stick together. Principles never do such things, for there seldom agree two men about one. But about an office, with a good salary, thousands may have the same opinion and sharp appetite. To get at the offices in our republic we must be in the majority; to get that we must organize or join a party. When one party has succeeded to be in the majority in the presidential election, it has, as the phrase is, a right to the spoils that is, offices, salaries, emoluments, etc.; because it is the custom that the president of the victorious party elects among his party friends the officers for the offices in his gift. This, however, is the reacting cause, why, from that moment, the party left in the minority, and, of course, out of office, rallies and strains every nerve to recover the lost fleshpots-of course, an impossible thing without clubbing and party organization. This is natural. It is the same in Europe with one great difference, that the party in power is permanent; because the chief of a monarchical government is hereditary, and retains therefore loyal officers for life, while others, not loyal, never can get any office at all. There is, of course, little excitement about office. Court favor takes the place of party. There are no election expenses-which often amount with us to considerable sums, as ten per cent of the salaries and more. They are one of the causes of raising the salaries of late. The charges of the political brokers, I mentioned in another letter, are now much higher than previously.

In republics and monarchies prevails the same difficulty about the filling of offices with the right men. One of the best French statesmen, Mr. Hopital, chancellor under the profligate Catherine de Medicis, preferred the selling or farming out of the offices, to deprive the vicious court of the occasion to fill them with its creatures. In several Swiss cantons the same policy has been adopted to preclude hungry office-seekers, and stop their hunting for office.

The best help promises self-government, self-control in this difficulty. If each is his own governor in the right direction, he, of course, needs none to govern him. St. Paul understood this perfeetly well. Virtue and godliness makes man free, self-governing, independent. No doubt about that, my children.

I remarked, in another place, that our parties are outside the pale of the constitutions; they are ignored by them; they can not alter the constitutions. Their platforms, promises, resolves, stump speeches, etc., at election times, have merely an eye upon the majority, which promises offices, salaries, jobs, etc. They may exercise a great influence upon the making of laws and their execution, if the officials are partial, unmindful of their obligation and office oaths, and winking at partisan iniquity. Logrolling laws are inseparable from spurious political business.

LETTER XXVI.

Judiciary. Supreme Court. Inferior Courts. Salaries. Appointed during Good Behavior.-Judiciary a Product of State. -Elective Judges inclining to favor Mobism. - Public Morals under an Elective Judiciary.

As there is a necessity of distributing some kinds of judicial business among certain districts, called towns, counties, etc., so there is a necessity of giving a certain class of quarrels and disputes and crimes to Congress to settle them according to the laws. Also, the courts established by Congress have nothing to do with ideal justice or with the realization of moral problems, but only to execute the laws, or to decide what is right or wrong. These laws may be sometimes repugnant to the feelings: still, if they are enacted by the legislative bodies in due form, they must be executed and obeyed as long as they are valid. What kind of judicial business shall belong to Congress you will learn by the following:

ARTICLE III.

Of the Judiciary.

SECTION I.

"1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time

to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."

This is the third branch of the institution called federal government or government of the United States. We have seen that the president appoints these judges with the advice and consent of the senate, which is sound doctrine, because the judiciary is the product of the state institution, and not of society. It is against the well-understood principles of politics to make the judiciary dependent upon popular elections. The federal constitution is in this regard not so well appreciated at home as it ought to be. The truth is, people are in need of justice, and erect for this purpose an institution called state, with a constitution. Out of this institution comes the judiciary, in order to make it entirely independent of the people, of whose acts and deeds and obligations it shall judge. It is a state right or duty of government to provide a judiciary; because the principal aim of this institution is the realization of justice, which most of the people who come in business contact with the judiciary do not like at all. Public morals will unavoidably come to a low ebb in states where the judiciary is elective. The constitution creates the United States supreme court, but leaves it wisely to Congress to organize it and the needful inferior courts, according to time and circumstances. The supreme court held at Washington is the highest legal authority. It construes and adjudges the constitution and the laws of the United States supremely. What belongs to the laws of nations comes under the sole cognizance of this tribunal. It has ever borne a noble character and enjoyed universal confidence in the United States and abroad.

Some complain that transactions before this court are too expensive and too long protracted. This is applicable to all courts organized after the English fashion; because they act not under strict codes of procedure, but under their own rules. Still, it is in the nature of cases coming under the jurisdiction of this court that they are complicated and therefore time-absorbing.

The appointment of the judges during good behavior should be also the rule for the municipal judges.

5

LETTER XXVII.

National Judicial Business.- Court of Claims.- Checks upon State Wars.

LET us continue our reading.

SECTION II.

"1. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens, or subjects."

From this array of business which belongs to the competency of the supreme court, claims against a state by citizens of another state, or by citizens or subjects of any foreign state, according to the eleventh amendment to the constitution, are excluded, because such claims do not partake of the character of national affairs, inasmuch as a state when sued takes the place of a private person or corporation. But it is desirable that provision should be made for a court adjudging such controversies, wherein the state is defendant, as a substitute for the mere pleasure of the legislature in such instances. Congress has felt the necessity of such a court and created the United States court of claims, which should be a real independent court, and not a mere committee, as it stands at present. Neither the supreme court nor the lower tribunals are above law, but only the interpreters in regard to the final meaning of the law, without willing anything. This is a power inherent to all courts.

It has been maintained that a state can not be sued by a private person, because it is inherent in the nature of "sovereignty" not to be amenable to any private person. This may hold good in Europe, but even there not generally, because the continental

governments have designated by law certain courts before which

claims raised against them or their treasuries, and refused, may be tried like all other claims. Even in Great Britain, which is in all these things much behind time, the chancellor has some authority to decide on such claims. A monarch, called sovereign—a thing we have not-who pretends that he got by the grace of God the right to manage the political affairs of the people as his property, is very likely to pretend, too, that he can never do wrong, and, of course, can not afford to be sued. Our governments have nothing in common with this specious doctrine. They are agents, and when they, as such, bind the state, the state must suffer to be sued like other bound people who refuse to fulfil their obligations.

This section makes the supreme court the arbiter between independent states; and this eminently-wise arrangement is the reason that there can not be from any cause, however provoking, a war between the several states. Yes, my dear children, fond as some of the male gender are of fighting, there can be no war between Massachusetts and South Carolina, or between Michigan and Ohio, or California and Oregon. The supreme court is the arbiter in all our more or less wicked state-troubles. What an inestimable blessing, then, is our Union for a large branch of the human family! Where is the like? Without this constitutional guaranty of peace there would be eternal fighting between our parties. Hence the opinions and decisions of the supreme court are cheerfully considered as entirely conclusive and final by the people.

The house of representatives excels in such speculative or logrolling law propositions, against which most of the presidents have battled with their vetoes successfully. It is significant that the same popular branch of Congress is indifferent in regard to laws which bear upon the better administration of justice, as the adjustment of claims, regulation of the territories, etc. Large legislative bodies seldom answer to their real purpose. The members of the legislative bodies who transact the national business from mere party views, violate their constitutional duty and oath. Party may help one to a seat in Congress, but when sworn in party influence should cease.

The patronage of our president amounts, at a general estimation, to eighty odd millions of dollars. There is much attraction