political affiliations, and regarded the whole matter as a new
proof of the wisdom of separating the judiciary from any
unjudicial participation in the decision of political
issues.[Footnote: See Wilson, "Division and Reunion," 286;
S. S. Cox, "Three Decades of Federal Legislation," 655; Pomeroy,
"Some Account of the Work of Stephen J. Field," 440.]

Justices of the Supreme Court have since sat on international
tribunals of arbitration, but this is, or should be, a strictly
judicial proceeding.

In the State Constitutions, the judges of the highest courts are
now often expressly forbidden to accept other office,[Footnote:
See Chap XXII.] but in the absence of such a prohibition it would
be considered as unbecoming. Formerly and during the first third
of the nineteenth century this was in many States not so. Some
were then judges because they held legislative office and as an
incident of it. Others did not hesitate to accept political
positions. Of the six Federalist electors chosen in New
Hampshire at the presidential election of 1800, three were judges
of her Supreme Court.[Footnote: Wharton's State Trials, 47.]

Judges have frequently taken part in constitutional conventions
of their States. In Virginia, Chief Justice Marshall was a
member of that of 1829, and Judge Underwood of the District Court
presided over that of 1867. Chancellor Kent and Chief Justice
Spencer were members of that of 1821 in New York.

It may well be doubted if the advantages to be gained by their
counsel in such a position are not outweighed by the evil of