to their
jurisdiction were adopted, there would be an extensive and, I might add,
a most entertaining variety of justice. Judges, who were elected by a
"blue" or republican majority, and who were anxious for re-election,
would always deliver judgment in favour of the blues. The same thing
would happen in the "white" or royalists districts. "Justice has her
epochs," Pascal said ironically, and in this case justice would have her
districts. It would not be the same in the _Alpes-Maritimes_ as in the
_Cotes-du-Nord_. The Court of Appeal, if it attempted to be impartial,
would spend its time sending cases back from a blue district to be
revised in a white, and the decisions delivered in a white country to
be revised in a blue. There would be judicial and legal anarchy.

--If the bench is not to be inherited, nor bought, nor chosen by the
Government, nor elected by the people, by whom is it to be nominated?--

By itself; I see no other solution.

For instance I can suggest one good method, though there may be several.
All the doctors of law in France could choose the judges of appeal and
the judges of appeal could choose and promote all the judges. This is an
aristocratic-democratic scheme on a very broad basis.

Or else the judges alone might choose the judges of appeal, and the
judges of appeal might appoint and promote the judges. That is an
oligarchical method.

Or again, here is a plan for passing from the system that is, to that
which ought to be. For the first time the doctors of law might choose
the _Cour de Cassation_, and it could choose the judges. Afterwards the
judges could fill the vacancies in the _Cour de Cassation_, which would
nominate and promote the judges.

The Government would still go on, and continue to nominate the persons
eligible to serve as magistrates.

Under all these systems the judges would form an autonomous,
self-creative body, dependent upon and responsible to themselves alone,
and by reason of their absolute independence, strictly impartial.

--But they would form a caste!--

They would form a caste. I am sorry for it, but it is the case. You will
never be well judged until you have a judicial caste, which is neither
the Government, nor the world at large. For the Government cannot judge
properly when it is both judge and party to the suit. Further, if it be
litigious; it will never be out of court. Again, the world at large
cannot judge properly, because, in practice, the world