A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The PeopleSpooner, Lysander
Philosophy
A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People
Spooner, Lysander
Cleveland, Grover, 1837-1908; United States -- Politics and government
But this principle of personal responsibility, each for his own judicial
or executive acts, does not stand in the way of men's associating, at
pleasure, for the maintenance of justice; and selecting such persons as
they think most suitable, for judicial and executive duties; and
_requesting_ them to perform those duties; and then paying them for
their labor. But the persons, thus selected, must still perform their
duties according to their own judgments and consciences alone, and
subject to their own personal responsibility for any errors of either
ignorance or design.
To make it safe and proper for persons to perform judicial duties,
subject to their personal responsibility for any errors of either
ignorance or design, two things would seem to be important, if not
indispensable, _viz._:
1. That, as far as is reasonably practicable, all judicial proceedings
should be in writing; that is, that all testimony, and all judicial
opinions, even to quite minute details, should be in writing, and be
preserved; so that judges may always have it in their power to show
fully what their acts, and their reasons for their acts, have been; and
also that anybody, and everybody, interested, may forever after have the
means of knowing fully the reasons on which everything has been done;
and that any errors, ever afterwards discovered, may be corrected.
2. That all judicial tribunals should consist of so many judges--within
any reasonable number--as either party may desire; or as may be
necessary to prevent any wrong doing, by any one or more of the judges,
either through ignorance or design.
Such tribunals, consisting of judges, numerous enough, and perfectly
competent to settle justly probably ninety-nine one-hundredths of all
the controversies that arise among men, could be obtained in every
village. They could give their immediate attention to every case; and
thus avoid most of the delay, and most of the expense, now attendant on
judicial proceedings.
To make these tribunals satisfactory to all reasonable and honest
persons, it is important, and probably indispensable, that all judicial
proceedings should be had, _in the first instance_, at the expense of
the association, or associations, to which the parties to the suit
belong.
An association for the maintenance of justice should be a purely
voluntary one; and should be formed upon the same principle as a mutual
fire or marine insurance company; that is, each member should pay his
just proportion of the expense necessary for protecting all.
A single individual could not reasonably be expected to delay, or
forego, the exercise of his natural right to enforce his own rights, and
redress his own wrongs, except upon the condition that there is an
association that will do it promptly, and without expense to him. But
having paid his proper proportion of the expense necessary for the
protection of all, he has then a right to demand prompt and complete
protection for himself.
Public-domain text, read in full here on John Shaqi.
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