Part 20 (2/2)

In all human inst.i.tutions there is much that is bad, and something [end of page #118] that is good; and the best, as well as the worst, are only combinations of good and evil, differing in the proportions. In mixt governments, or in limited governments, the people can defend their rights better against the sovereign than against those bodies that spring up amongst themselves: whereas, in pure monarchies, they have only to guard against the encroachments of the sovereign; and he will take care to prevent them from being oppressed by any other power.

This tendency to destruction, from encroachments of public bodies in established governments, is more to be dreaded in limited monarchies, and in democracies, than in pure monarchies; but we have had little occasion to observe the progress in governments of the former sort, excepting the clergy, though the military and the n.o.bles generally play their part.

In Rome, the military never were dangerous, while the armies were only raised, like militias, for the purpose of a particular war; but, when they became a standing body, they were the proximate efficient cause of destroying liberty, though this was only the prelude to that decline which afterwards took place.

In limited monarchies, the lawyers are the greatest body, from which this sort of danger arises, and the reasons are numerous and evident.

United in interest, and constantly occupied in studying the law of the country, while the public at large are occupied on a variety of different objects, and without any bond of union, there can be nothing more natural than that they should contrive to render the business which they alone can understand, of as much importance and profit as possible.

In the criminal law of the country, where the king is the prosecutor, and where the lawyers are not interested in multiplying expense or embarra.s.sment, our laws are administered with admirable attention; though, perhaps, in some cases, they are blamed for severity, they are justly admired over the world for their mode of administration.

It is very different in cases of property, or civil actions, where it is man against man, and where both solicitor and council =sic= are interested in the intricacy of the case. Here, indeed, the public is so glaringly imposed upon, that it would be almost useless to dwell on the sub-[end of page #119] ject, and, as a part of the plan of this work is to offer, or point out, a remedy, it may be sufficient, in this case, to go over the business once, and leave the examples till the relief is proposed.

At present, it is, however, necessary to shew why, as things are const.i.tuted in mixed governments like this, no remedy is to be had.

The public only acts by representatives; and, in the House of Lords, the law-lords, who have _l'esprit du corps_, may easily contrive to manage every thing. One or two n.o.blemen excepted, no one either has, or pretends to have sufficient knowledge to argue or adjust a point of law. Indeed, it is no easy matter to do so with effect, for, besides that, the law-lords have ministers on their side, or, which is the same thing, are on the side of ministers, the speaker is himself at the head of the law. The other members who look up to the law-lords, and who are generally very few in number on a law-question, generally give their a.s.sent. In the House of Commons, in which there are a number of lawyers, they are still less opposed. The country gentlemen profess ignorance. They think that to watch money-bills, the privileges of the house, the general interests of the nation, roads, ca.n.a.ls, and inclosures, is their province. The mercantile, and other interests, composed of men getting money with great rapidity, consider the abuses of law as not to them of much importance; they do not feel the inconvenience, and have neither time nor inclination to study the subject. {98}

The prerogative of the king to refuse his a.s.sent, might, perhaps, be expected to come in as a protection, but here there is least of all any thing to be expected. In the first place, it is thought to be wise never to use that prerogative, and, in the second place, the lord-high-chancellor is the king's guide in every thing of the sort, insomuch, that he is styled the keeper of the king's conscience.

With power, influence, and interest on one side, and nothing to oppose it on the other, (for the common proverb is true, as all common

{98} The law is the widest, and the shortest, and the nearest road to a peerage. A Howe, Nelson, and St. Vincent, play a game, partly of skill, and partly of chance, for t.i.tle; they must have luck and opportunity. The others are sure with fewer compet.i.tors to have more prizes.

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proverbs are, that what is every body's business is n.o.body's,) the lawyers must encroach on the public, and they have done so to a most alarming degree.

In this case, it is not, as in others, where the great cut out work for and employ the small. No. The great generally (indeed almost always) begin with the advice and by the means of an attorney, who is only supposed to understand law-practice. The proceeding does not originate with the council, who could form some judgment of the justice of the case, so that a mean petty-fogging attorney may, for a trifle, which he puts into his own pocket, ruin two ignorant and honest men; he may set the ablest council to work, and occupy, for a time, the courts of justice, to the general interruption of law, and injury of the public.

This is, perhaps, one of the greatest and most crying evils in the land, and calls out the most loudly for redress, as the effects are very universal. In a commercial country, so many interests clash, and there are such a variety of circ.u.mstances, that the vast swarms of attorneys, who crowd the kingdom, find no difficulty in misleading one of the parties, and that is the cause of most law-suits.

As commercial wealth increases the evil augments, not in simple proportion, but in a far more rapid progression; first, in proportion to the wealth and gain to be obtained, and, secondly, according to the opportunities which augment with the business done.

In addition to the real dead expense, the loss of time, the attention, and the misfortune and misery occasioned by the law, are terrible evils; and, if ever the moment comes, that a general dissatisfaction prevails, it will be the law that will precipitate the evil.

The mildness of the civil laws in France, and the restraints under which lawyers are held, served greatly to soften the rigours of the revolution for the first two years. Had they possessed the power and the means they do in England, the revolution must have become much more terrible than it was at the first outset.

The lawyers owe all their power to the nature of the government. An arbitrary monarch will have no oppressor but himself, but here the [end of page #121] different interests are supposed to be poised; and when they are, all goes right, but, when they happen not to be so, the most active interest carries the day.

Though the law is the greatest of those bodies that is of a different interest from the public at large, yet there are some others deserving notice, and requiring reformation. It is the interest of all those who are connected with government to do away abuses that tend to endanger its security, or diminish its resources.

As the public revenue is all derived from those who labour, and as it can come from no other persons, if the prosperity and happiness of the subject were a mere matter of indifference, which it cannot be supposed to be; still it would be an object for government to preserve his resources undiminished. It was our lot, in another chapter, to mention the enormous increase of the poor's rate, which was in part attributed to the general increase of wealth; mal-administration is, however, another cause, and, the public is the more to be pitied, that the parish-officers defend their conduct against their const.i.tuents at the expense of their const.i.tuents.

In an inquiry after truth, it should be spoken without fear of offending; and, in this case, though the feelings of Englishmen may, perhaps, be hurt, and their pride wounded, it must be allowed, that if it were not for the mock-democratical form of administrating =sic= the funds for the maintenance of the poor, they would never suffer the extortion, and the bare-faced iniquities that are committed. {99} The s.h.i.+p- money, the poll-tax, the taxes on the Americans, and others, that have caused so much bloodshed and strife, never amounted to one-tenth, if all added together, of what the English public pays to be applied to maintain the poor, and administered by rude illiterate men, who render scarcely any account, and certainly, in general, evade all regular control. Those administrators, though chosen by the people, always, while in office, imbibe _l'esprit du corps_, and make a common cause.

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