If this mode of decision were introduced into courts of justice, we
should see a parallel, and only a parallel, to that system of
legislation which we witness daily. We should see large bodies of men
conspiring to bring perfectly groundless suits, against other bodies of
men, for large sums of money, and to carry them by sheer force of
numbers; just as we now continually see large bodies of men conspiring
to carry, by mere force of numbers, some scheme of legislation that
will, directly or indirectly, take money out of other men's pockets, and
put it into their own. And we should also see distinct bodies of men,
parties in separate suits, combining and agreeing all to appear and be
counted as plaintiffs or defendants in each other's suits, for the
purpose of ekeing out the necessary majority; just as we now see
distinct bodies of men, interested in separate schemes of ambition or
plunder, conspiring to carry through a batch of legislative enactments,
that shall accomplish their several purposes.
This system of combination and conspiracy would go on, until at length
whole states and a whole nation would become divided into two great
litigating parties, each party composed of several smaller bodies,
having their separate suits, but all confederating for the purpose of
making up the necessary majority in each case. The individuals composing
each of these two great parties, would at length become so accustomed to
acting together, and so well acquainted with each others' schemes, and
so mutually dependent upon each others' fidelity for success, that they
would become organized as permanent associations; bound together by that
kind of honor that prevails among thieves; and pledged by all their
interests, sympathies, and animosities, to mutual fidelity, and to
unceasing hostility to their opponents; and exerting all their arts and
all their resources of threats, injuries, promises, and bribes, to drive
or seduce from the other party enough to enable their own to retain or
acquire such a majority as would be necessary to gain their own suits,
and defeat the suits of their opponents. All the wealth and talent of
the country would become enlisted in the service of these rival
associations; and both would at length become so compact, so well
organized, so powerful, and yet always so much in need of recruits,
that a private person would be nearly or quite unable to obtain justice
in the most paltry suit with his neighbor, except on the condition of
joining one of these great litigating associations, who would agree to
carry through his cause, on condition of his assisting them to carry
through all the others, good and bad, which they had already undertaken.
If he refused this, they would threaten to make a similar offer to his
antagonist, and suffer their whole numbers to be counted against him.
Public-domain text, read in full here on John Shaqi.
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