his candidacy. He is therefore under a natural inclination
to use his power, so far as he properly can, in
such a way as to show that he has not forgotten what
his friends have done for him. There is always a
certain amount of judicial patronage to be bestowed.
There are clerks and messengers, trustees and receivers,
referees and committees, perhaps public prosecuting
attorneys and their assistants, to appoint. Other
things being equal, no one would blame a judge for
naming a political friend for such a position. But as
to whether other things are equal he is to decide. To
the most upright and fearless man the danger of this is
great; to a weak or bad man the feeling of personal
obligation will be controlling. Justice Barnard of the
Supreme Court of New York once observed on the
bench that judges had considerable patronage to be
disposed of at their discretion, and that for his part
he had always succeeded in life by helping his friends
and not his enemies. For this practice, among other
things, he was impeached and removed from office; but
how many judges are there who yield to this temptation
without avowing it? A French critic of the
elective judiciary has thus referred to these remarks
of Justice Barnard:

Le Juge Barnard, qui formulait en plein tribunal cette
declaration de principes, fut decrete d'accusation et condamne,
non sans justes motifs. Mais son crime impardonable etait de
proclamer trop franchement les doctrines de la magistrature
elective: il trahissait le secret professionnel.[Footnote: Duc