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found that this photospheric matter was derlying matter in such sort as to cause actually of the nature of cloud or fog, it to shine less resplendently than elseand that it was, in fact, formed by the where. But all round a region thus cooled, condensation of the glowing vapours of intense eruptive action was invariably exmany metallic elements into innumerable cited, every spot we visited being literally globules or vesicles, resembling the water- circled about by prominences of greater or vesicles of our clouds. From the inner less size. Some of these eruptions were surface of some of these clouds, we could so amazingly active that the ejected matperceive that metallic rain was falling. ter (which seemed to come from an inThe metallic showers were particularly measurable depth) was propelled with a heavy on the borders of the spot, though velocity even exceeding that of any of the whether this was due to the cooling to matter which arrived from without; so which the region of the spot appeared to that we could not but conclude that have been exposed, or to electrical action the matter thus disgorged was driven caused by the intense activity all round wholly and for ever away from the sun. the spot, we could not satisfactorily deter There were signs which led us to believe mine. And though we visited several that intense electrical action was excited other spots one of them remarkably during these eruptions, and it does not large we could perceive nothing explan- seem unlikely that such action may afford atory of these localized showers. the true explanation of the radiations seen in the outer solar envelopes.

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In passing over the general photosphere that is, over regions where there were Although not liable to any sense of fano spots we saw no signs of the objects tigue, and impervious to any of those which have been called willow-leaves. risks which seemed to multiply around us, The photosphere presents a curdled aspect, we began to be bewildered by the succesas though the metallic clouds which pro- sion of wonders which had been revealed duce the greater part of its light had been to us. Y., in particular, wished to escape agitated into somewhat uniformly-disposed from the fierce light and the dazzling colwaves not rollers, but such waves as ours, as well as from the inconceivable upare seen when two seas meet-but there roar and tumult, which we had now expewas nothing suggestive of interlacing. In rienced, for some hours in reality, but for the neighbourhood of the great dark de- an age to our perceptions. X. was desirpressions, however, the rounded clouds ous of penetrating deeply beneath the seemed to be lengthened by the effects of photosphere, in order to obtain an answer atmospheric disturbance, an effect which to some of those questions which have was enhanced by the downfall of metallic lately arisen respecting the condition of showers from these clouds. X., who had the sun's interior. He suffered himself, been inclined to entertain the belief that however, te be overruled, though exacting the bright solar willow-leaves are in some from us a promise that this, our first voysense organized beings, admitted at once age to the sun, should not be the last. that nothing in their aspect on a nearer view encourages such a conception of their nature.

Shall I tell you the thought that chiefly occupied us as we returned to the earth? On all sides were countless myriads of We visited both spot zones, and examined stars; in front, the mighty convolutions many spot depressions in several stages of of the galaxy, infinitely complex in stardevelopment. From what we saw, we texture; directly below, the great Magelwere led to the conclusion that spots are lanic cloud, full of stars and star-clusters; caused, in the first instance, by the arrival suns everywhere, of every order of magof matter from without, under such cir-nitude and splendour. We had wondered cumstances as to cause a large portion of at the beautiful spectacle presented by the the solar atmosphere to be cooled. It was sun of our own system; but now that we clear, indeed, that much of the matter had visited that sun, and had learned which continued to arrive from without something of its amazing might and activcaused a local increase of the sun's heat. This was especially the case with matter which arrived nearly on a vertical course. But other matter, which decended less rapidly to the surface, produced a precisely contrary effect, and as it settled down in the solar atmosphere, displacing and driving outwards the intensely bright solar clouds, it appeared to cool the un

ity, the thought seemed awful, nay, almost appalling, that all those suns, as well as the unnumbered millions which we could not perceive, were of like nature, - that the infinitely wonderful scene we had just beheld was thus infinitely multiplied throughout the infinite universe of the Almighty.

From Macmillan's Magazine.
AMERICAN JUDGES.

BY JAMES BRYCE.

ceremonious pomp of the Middle Age, and followed hither and thither by admiring crowds. The criticisms of our outspoken press rarely assail their ability, and To an account of the American Bar, never their fairness. Even the bar, which such as that which it was attempted to watches them daily, which knows all their give in the January number of this Maga- ins and outs (to use an American phrase), zine, some account of the American Judges both before and after their elevation, is an almost necessary sequel. The rela- treats them with far more respect than is tion between Bar and Bench is in the commonly shown by the clergy to the American system, as in our own, a very bishops. Thus we form our conception intimate one, and any change in the char- of the Judge as a personage necessarily acter of the one must immediately and and naturally dignified and upright; and, directly affect the other. Everybody having formed it, we carry it abroad with knows that such a change has passed on us as we do our notions of land tenure the American judiciary, and that it has and other insular conceptions, and are been a change for the worse. But very astonished when we find that it does not few know precisely how far the degrada- hold in other countries. It is a fine and tion has gone, to what extent it has spread, fruitful conception, and one which one or what are the causes which have pro- would desire to see accepted everywhere. duced it; still less do they know how far But it is quite peculiar to ourselves; the it may be considered symptomatic of a de- British Judge is as abnormal as the Britcline in public morals generally. To ex-ish Constitution, and owes his character to plain this, to describe the phenomena a not less curious and complex combinaaccurately, to estimate their importance, tion of conditions. In most parts of the to show their connection with the political Contiuent the Judge, even in the Superior life of the country, is not an easy matter, especially for a foreigner, who is necessarily at the mercy of first impressions, and the reports of a comparatively small number of informants. But the subject is one of so much consequence, that even an imperfect account may render some service. Bad as the judiciary is in some parts of the Union, it is not so bad as a few outrageous scandals might seem to prove it: and it has not exerted so corrupting an influence on the morals of the community as Englishmen naturally and almost necessarily incline to fancy.

Courts, does not hold a very high social position. He is not chosen from the ranks of the Bar, and has not that community of feeling with it which we find so valuable. Its leaders outshine him in France; the famous professors of law often exert a far greater authority in Germany. Both in France and in Italy his purity is, or till lately was, by no means above suspicion. In no part of Europe do his wishes and opinions carry the same weight, or does he command the same popular reverence as among ourselves. One must not therefore be greatly surprised to find him in America so different from what we are disposed to expect. For it is not so much his inferiority there that is exceptional as his excellence here in England.

The first condition for understanding the judicial arrangements of America is to get thoroughly rid of our English conception of a Judge. For some centuries, we have associated the ideas of power, The most noticeable feature of the dignity, and intellectual eminence with American system is the co-existence the judicial office; a tradition, shorter no throughout the Union of two wholly disdoubt, but still of respectable length, has tinct and independent judicial organizamade us regard it as incorruptible. Our tions that of the State Courts, and that Judges are among the greatest permanent of the Federal Courts. Each State, being officials of the State. They have earned for many purposes an independent comtheir place by success, more or less bril-monwealth, has its own Courts and its own liant, but always considerable, in the struggles of the Bar; they are removable by the Crown only upon an address of both Houses of Parliament; they enjoy large incomes and great social respect. Some of them sit in the House of Lords; some are members of the Privy Council. When they go through the country on their circuits, they are received by the High Sheriff of each county with the

laws, which may and often do differ entirely from those of its neighbours. Such Courts have exclusive jurisdiction in suits between members of the same State, and there is no appeal from them to any other Court.* In matters properly within its cognizance, the highest Court of Rhode

Except in cases arising under the laws of the United States as distinct from State law.

Island or Delaware enjoys the same au- tions no authority from the reports of the thority as the House of Lords does with Supreme Court can be cited and it is a us, and is not bound to regard as authori- real misfortune to the Judges of the titive any case not decided in its own State Courts to be freed from the check Courts. The great bulk of ordinary suits which the possibility of an appeal from come in this way before the State Judges, their decisions tends to impose. Still who are of course responsible only to the more important is the difference in the Government of their own State. Entirely mode of choice. The Judges of the Feddistinct from these State Courts, are the eral Courts are appointed by the PresiFederal or United States Courts, which dent by and with the advice and consent have jurisdiction in suits where the par- of the Senate, and hold office, like our ties are citizens of different States, or own, during good behaviour. It is said where either party is a foreigner, or where that, especially of late years, the nominathe parties are themselves States, or where tions have fallen too much under the conthe United States is itself a party; or trol of the senators, and that they are where the question arises under a law of frequently made rather from political or the United States.* personal motives than with a view to the These Federal Courts are of three public good. In the main, however, the kinds District Courts, held by Judges men chosen are men of capacity, and bepermanently stationed in one place;† Cir- ing safe in their seat when once appointed cuit Courts, held by members of the Su- they have no motive for further political preme Court, who move from place to subserviency. Quite otherwise in the sevplace, through certain divisions of the eral States. In the great majority of country; and the Supreme Court, consist- them the practice has sprung up within ing of a Chief Justice and eight associate the last thirty years of choosing a Judge Judges, which sits at Washington, and by popular vote, for a longer or shorter entertains appeals from all the inferior Federal tribunals. They have nothing to do with the authorities of the States in which they happen to sit, have their own executive officers, the marshals, and are responsible to the President and Congress only.

This is, of course, the merest outline of a very complex system, to explain the full working of which many pages would be needed. The contrast between the two sets of Courts is in most respects in favour of the Federal. They have the great advantage of administering a more harmonious and consistent body of rules; for as all the decisions given by inferior Judges in them are subject to review by the Supreme Court, composed of the ablest Judges in the country, and they are bound thereafter to follow its decisions, their law tends to attain a higher degree of certainty, delicacy, and symmetry, than that of most, if not all of the several States. Indirectly, of course, the decisions of the Federal Courts influence the State Courts; that is to say, they have a moral weight, just as our Law Reports have, and a decision of the Supreme Court at Washington would be almost implicitly followed in any Court. But upon a great number of ques

In some cases under United States law State Courts have a concurrent jurisdiction. There are other minor instances (eg Admiralty and maritime causes) of Federal jurisdiction which for brevity's sake I omit.

† A district is usually coterminous with a State.

term- - sometimes for one year only, as in Vermont (where however he is almost invariably re-elected, and where he is chosen by the legislature), sometimes for four, six, eight, ten or fourteen years; every State being in these matters a law unto itself. Fourteen is (since 1870) the term in New York. Massachusetts is an honourable exception she still commits the appointment of Judges to the Governor of the State, and makes them independent by giving them a tenure during good behaviour. This is the practice in three or four other States; and in several, although the office is temporary, the election is made not directly by the people, but by the legislature of the State.

The practical working of these arrangements differs much, as might be expected, in different parts of the country. Nearly every where the elections are influenced by political considerations; and a man not belonging to the dominant party, and not agreeable to its managers, has little chance of success. In some places, however, the Bar takes the matter up, and insists on the party's putting forward competent men here and there it even happens that the Bar agrees upon and carries a list including respectable men of both parties. It would seem that in most of the eastern and northern States (of the South I do not undertake to speak, and its present condition is too abnormal and transitory to make it worth reasoning from) the elections are fairly well made. So for exam

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ple in Connecticut, Ohio, Illinois; so even in Pennsylvania, which stands in point of political honour rather low among her sister commonwealths. Both in Chicago and in Philadelphia people say that it is the influence of the Bar that procures respectable appointments - without this, the electors would be entirely at the mercy of the party wire-pullers. In Massachusetts one hears nothing but good of the Judges; and it is admitted that this is owing to the system of life appointments by the Governor. In New York one hears a great deal of evil: not only are some (by no means all) of its Judges bad men, greedy, violent, corrupt- they are chosen because they are bad men, because their want of principle makes them useful party tools.

atively ill-remunerated in America. The clergy for instance have a hard time of it, except in a few of the largest towns; the schoolmasters and professors in the universities are, according to English ideas, miserably underpaid. But the leading members of the Bar, whose remuneration is governed by the laws of demand and supply, obtain very large fees, and it might reasonably be supposed that their incomes and those to be gained by eminent ability in any other line of life, would fix the scale by which a Judge's salary would be regulated.

The

Something may perhaps be due to the fact that at a time when these salaries were fixed, life was much simpler, and the necessaries of life much cheaper than is now the case. The rise in wants and the The salaries paid to the Judges vary prices leads lawyers and men in other from State to State, but are every where professions to protect themselves by makmiserably inadequate. In Massachusetts ing higher charges for their labour, while and Connecticut, for example, wealthy incomes settled by law have undergone manufacturing and trading common- little change. There are, however, deeper wealths, no Judge receives more than reasons for this inadequate payment of £1,000 a year much less than the aver- the Judges. In the first place, their salaage salary of a County Court Judge here. ries are determined by legislative bodies In Pennsylvania the maximum is about composed in great part of persons of nar£1,100, and I doubt whether it is higher row means and narrower ideas. in any other State (except New York), members of a State legislature are mostly while in many it is a good deal lower.* poor men, belonging to what would be New York has lately raised her scale, and called here the lower middle class: they now gives the highest Judges over £2,000. cannot see why everybody should not be It is to be hoped she may soon get some content to live according to their standard better worth her money. The Federal of comfort and elegance, and have no idea Government is not a whit more liberal of helping him to anything better. Not than are the States. The average salary very long ago it was proposed in the legisof a Federal Judge does not exceed £800 lature of Massachusetts to raise the salary or £900 a year; those of the Justices of of the Judges. An honest old farmer stood the Supreme Court at Washington, who up to oppose the proposition. They are supposed to be the picked men of the have got three thousand dollars a year at country, are fixed at about £1,150, and present," he said, "and I know that no have been but quite lately raised even to man can spend more than six hundred dolthat modest figure. Nor does the mere lars a year." The argument seems to have statement of these sums give a proper been thought convincing; anyhow, the bill notion of their inadequacy. In the towns was lost. To have explained that it was of America, and notably in Washington not a question of what a man could live on, and other cities of the eastern seaboard, but of the necessity of paying high in orliving is more expensive than in England; der to meet the competition of other occuand £1,200 goes no further than £800 pations for able men, would have been would here. wasting breath. For it is not merely that these rural legislators, in their ignorance of the refinements and artificial needs of city life, do not understand what good pay is- they do not see why good pay should be given. They have no notion of the value of special training and high capacity: one office is to them much the same as another, and an honest man of average common sense is good enough for any. That it is essential to have the very best men has never occurred to them.

To what is this extraordinary parsimony to be ascribed? What can induce a nation among whom money is plentiful, who earn it quickly and spend it lavishly, to pay such contemptible salaries for work which it is of the highest consequence to them to have properly performed? It is true that all intellectual labour is compar

There were in 1869 twenty-four States in which

the salary of the Judges of the highest Courts ranged

from £400 to £850 per annum,

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make a seat in it still an object of ambition. But it is sometimes found impossible to induce the best men to take it — for to be able to do so they must have already saved a respectable fortune. Not long ago, when the Chief Justiceship of this Court seemed likely to be vacant, and the question of filling it up was talked about, many people thought that one very eminent lawyer, who would have done honour to it, would probably refuse because he might not be able to afford the great loss of income it would have involved. It sometimes happens that Judges of this Court or in the Supreme Courts of the several States resign their offices and go back to the Bar.*

There is, however, so say the lawyers, a second reason for the poorness of these salaries the indifference of the professional politicians to judicial office. The men who go into politics as a trade, and they are unhappily not rare, are mostly rather low and ignorant fellows, who do not care about being made Judges, and therefore have no interest in raising a Judge's salary, while they are quite willing to pay well for a place which they have a better chance of getting, and for which they would feel themselves less conspicuously unfit. It is no paradox to assert," said a very distinguished New England lawyer and man of letters, "that with us the higher the functions of an office, the lower its emoluments. Everybody is will- The social position of the judiciary, deing to make a good thing of a place which pending to a great extent upon income and everybody can hope to get into; but where upon the eminence of those who compose the aspirants are few, the office, whatever it, is not generally good, and seems to be its consequence, is sure to be starved." So it seems to have been with judgeships. The hack politician who, even if he has once practised, is more of an office seeker than a lawyer, cares as little about the welfare of the Bench as does the farmer. What attracts him is a place where the work, if it be done at all, may be done by the meanest capacity, and where payment is by fees, with all the chances which that plan opens of occasional and illicit gains. The Custom House has such places, and the Custom House is therefore the paradise of politicians, with its great fees and its greater opportunities. It is currently believed that the collector at New York has an income not much less than that of all the Judges of the Supreme Court at Washington put together.

still further sinking. The Federal Judges, holding for life, appear to stand well, and so do those in Massachusetts. But in most of the States, a State Judge would not take rank with the leaders of the Bar and the most cultivated members of the mercantile class, or, if he did, would do so in virtue of some personal merits. His official rank would count for little or nothing. Speaking of one of the Judges of the Supreme Court of New York City, a prominent politician once said to me: "I don't think him so bad a fellow as they make out; he has always been very friendly to me, and would give me a midnight injunction or do anything else for me at a moment's notice; and he's not an ill-natured man. But of course he's the last person I should ever dream of asking to my house." New York It is not surprising, when one knows how City is exceptional, and the functionary in the Judges are chosen and paid, to find that question was exceptional even there; but the best men do not become Judges. Peo- in Pennsylvania, in Connecticut, in the ple who are making eight, or ten, or fifteen middle and western States generally, thousand pounds a year at the Bar cannot Judges are held in but slight esteem. They be expected to accept places, especially have not even those external badges of temporary places, worth eight hundred or dignity which, childish as they may appear a thousand only, nor is it certain, in some to the philosopher, have so much power States, that if they offered themselves they over the imaginations of the mass of manwould be chosen, It is only where the kind, and are not without a valuable reflex office is held for life and is surrounded with influence on the person whom they sura good deal of dignity, that eminent law-round, raising his sense of his position and yers will accept it. This is the case in reminding him of its responsibilities. They Massachusetts, and there accordingly the wear no robe of office nor other characterBench of the highest Courts is filled by istic dress, have no attendants to escort persons who, if they have not always had them, are in all respects treated like ordithe largest practice, are yet for the most nary citizens. Popular sentiment, which part thoroughly competent and upright. The traditional glory of the Supreme Federal Court, and its political importance as the guardian of the law and interpreter in the last resort of the written Constitution,

The courtesy of society continues their title both to these ex-Judges and to those whose term of office has expired; so one meets abundance of Judges " practising at the Bar. For social purposes, once a Judge always a Judge.

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