sharp to one who by force of circumstances has a certain social
standing to maintain. The leaders at the bar therefore seldom
consent to go upon the bench unless they have property enough to
ensure their comfortable support after they leave it, without
returning to the labors of the bar.

This is one of those evils which carry in some sort their own
antidote. The lawyers, as a body, are always anxious for their
own sake to have an able and independent bench. They do not wish
to trust their causes, when they come before a court of last
resort for final disposition, to men of inferior capacity and
standing. They therefore can generally be relied on to urge on
the nominating or appointing power the selection of competent
men. Their influence in this respect is little short of
controlling. If competent men will not ordinarily go on the
bench of an appellate court, unless by way of promotion, until
they have accumulated a sufficient fortune to make them
comfortable in old age, then as competent men will usually, in
one way or another, be selected, and as few of these are men who
from their youth have been occupying judicial positions, the
judges will usually be possessed of some independent means. A
property qualification almost is thus imposed by circumstances on
those forming the American judiciary in its highest places. The
same thing is true of our higher diplomatic positions. As Goethe
has said, there is a dignity in gold. It is a poor kind of
dignity when unsupported by merit, but if to gold merit be
joined, each lends to the other solidity and power.

Among the men of the first eminence at the bar whom the
meagerness of the salary has kept off the bench may be mentioned