A radical reform in the civil service of the general government has been proposed. The plan is to make qualifications, and not political services and influence, the chief test in determining appointments, and to give subordinates in the civil service the same permanency of place which is enjoyed by officers of the army and navy. The introduction of this reform will be attended with some difficulties. But in revising our State constitution, if this object is kept constantly in view, there is little reason to doubt that it can be successfully accomplished.

Our judicial system is plainly inadequate to the wants of the people of the State. Extensive alterations of existing provisions must be made. The suggestions I desire to present in this connection are as to the manner of selecting judges, their terms of office, and their salaries. It is fortunately true that the judges of our courts have heretofore been, for the most part, lawyers of learning, ability, and integrity. But it must be remembered that the tremendous events and the wonderful progress of the last few years are working great changes in the condition of our society. Hitherto population has been sparse, property not unequally distributed, and the bad elements which so frequently control large cities have been almost unknown in our State. But with a dense population crowding into towns and cities, with vast wealth accumulating in the hands of a few persons or corporations, it is to be apprehended that the time is coming when judges elected by popular vote, for short official terms, and poorly paid, will not possess the independence required to protect individual rights. Under the National constitution, judges are nominated by the executive and confirmed by the Senate, and hold office during good behavior. It is worthy of consideration whether a return to the system established by the fathers is not the dictate of the highest prudence. I believe that a system under which judges are so appointed, for long terms and with adequate salaries, will afford to the citizen the amplest possible security that impartial justice will be administered by an independent judiciary.

The Life, Public Services and Select Speeches of Rutherford B. Hayes — Part 55

I forbear to consider further at this time the interesting questions which will arise in the revision and amendment of the constitution. Convinced of the soundness of the maxim that "that government is best which governs least," I would resist the tendency common to all systems to enlarge the functions of government. The law should touch the rights, the business, and the feelings of the citizen at as few points as is consistent with the preservation of order and the maintenance of justice. If every department of government is kept within its own sphere, and every officer performs faithfully his own duty without magnifying his office, harmony, efficiency, and economy will prevail.

The Life, Public Services and Select Speeches of Rutherford B. Hayes — Part 55