This compelling parties to pay the expenses of civil suits is one
of the many cases in which government is false to the fundamental
principles on which free government is based. What is the object
of government, but to protect men's rights? On what principle
does a man pay his taxes to the government, except on that of
contributing his proportion towards the necessary cost of
protecting the rights of all? Yet, when his own rights are
actually invaded, the government, which he contributes to
support, instead of fulfilling its implied contract, becomes his
enemy, and not only refuses to protect his rights, (except at his
own cost,) but even forbids him to do it himself.
All free government is founded on the theory of voluntary
association; and on the theory that all the parties to it
voluntarily pay their taxes for its support, on the condition of
receiving protection in return. But the idea that any poor man
would voluntarily pay taxes to build up a government, which will
neither protect his rights, (except at a cost which he cannot
meet,) nor suffer himself to protect them by such means as may be
in his power, is absurd.
Under the prevailing system, a large portion of the lawsuits
determined in courts, are mere contests of purses rather than of
rights. And a jury, sworn to decide causes "according to the
evidence" produced, are quite likely, for aught they themselves
can know, to be deciding merely the comparative length of the
parties' purses, rather than the intrinsic strength of their
respective rights. Jurors ought to refuse to decide a cause at
all, except upon the assurance that all the evidence, necessary
to a full knowledge of the cause, is produced. This assurance
they can seldom have, unless the government itself produces all
the witnesses the parties desire.
In criminal cases, the atrocity of accusing a man of crime, and
then condemning him unless he prove his innocence at his own
charges, is so evident that a jury could rarely, if ever, be
justified in convicting a man under such circumstances.
But the free administration of justice is not only indispensable
to the maintenance of right between man and man; it would also
promote simplicity and stability in the laws. The mania for
legislation would be, in an important degree, restrained, if the
government were compelled to pay the expenses of all the suits
that grew out of it.
Public-domain text, read in full here on John Shaqi.
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