ere modified by statute. British and
colonial statutes made prior to the Revolution continued also in force
unless expressly repealed. The system of civil and criminal courts, the
remedies in common law and equity, the forms of writs, the functions of
justices of the peace, the courts of probate, all remained substantially
unchanged. In Pennsylvania, Delaware, and New Jersey, the judges held
office for a term of seven years; in all the other states they held
office for life or during good behaviour. In all the states save Georgia
they were appointed either by the governor or by the legislature. It was
Georgia that in 1812 first set the pernicious example of electing judges
for short terms by the people,[1]--a practice which is responsible for
much of the degradation that the courts have suffered in many of our
states, and which will have to be abandoned before a proper
administration of justice can ever be secured.

[Sidenote: The limited suffrage.]

In bestowing the suffrage, the new constitutions were as conservative as
in all other respects. The general state of opinion in America at that
time, with regard to universal suffrage, was far more advanced than the
general state of opinion in England, but it was less advanced than the
opinions of such statesmen as Pitt and Shelburne and the Duke of
Richmond. There was a truly English irregularity in the provisions which
were made on this subject. In New Hampshire, Pennsylvania, Delaware,
and South Carolina, all resident freemen who paid taxes could vote. In
North Carolina all such persons could vote for members of the lower
house, but in order to vote for senators a freehold of fifty acres was
required. In Virginia none could vote save those who possessed such a
freehold of fifty acres. To vote for governor or for senators in New
York, one must possess a freehold of $250, clear of mortgage, and to
vote for assemblymen one must either have a freehold of $50, or pay a
yearly rent of $10. The pettiness of these sums was in keeping with the
time when two daily coaches sufficed for the traffic between our two
greatest commercial cities. In Rhode Island an unincumbered freehold
worth $134 was required; but in Rhode Island and Pennsylvania the eldest
sons of qualified freemen could vote without payment of taxes. In all
the other states the possession of a small amount of property, either
real or personal, varying from $33 to $200, was the necessary
qualification for voting. Thus