upon it.

Mississippi, which, in 1832, became a leader in the movement
toward the choice of the judges by popular election, in her
latest Constitution (of 1890) follows the plan of the United
States, the Governor nominating and the Senate confirming.

The action of the confirming or electing body when unfavorable in
any State has generally been unfortunate. It is apt to be
affected by local or personal political influence to which the
chief executive would be insensible. A large number of able men
have thus, from time to time, been deprived of a seat on the
Supreme Court of the United States who would have added to its
luster. In 1867 Massachusetts lost a Chief Justice of the first
rank in this way by the defeat of Benjamin F. Thomas. The
council refused, by a majority of one, to confirm his nomination
because, though of the same party with them, he was of a
different wing.[Footnote: Proceedings Mass. Historical Society,
2d Series, XIV, 301.]

In most of the States the judges are now elected by the
people.[Footnote: In thirty-three. In one other (Florida) the
people elect the judges of the Supreme Court, and the Governor,
with the advice and consent of the Senate, appoints those of the
superior courts. The Governor nominates in Delaware, Mississippi
and New Jersey, and in the four largest New England States. In
Rhode Island and Vermont, South Carolina and Virginia, the
legislature elects.] This makes the choice more a political
affair. The nominations are made by party conventions, and
generally in connection with others of a purely political