France -- Description and travel; France -- Social life and customs
Your legal pursuits will naturally give you an interest in the subject
of the state of justice in this part of the world. A correspondence like
mine would not admit of any very profound analysis of the subject, did I
possess the necessary learning, which I do not, but I may present a few
general facts and notions, that will give you some idea of the state of
this important feature of society. The forms and modes of English
jurisprudence are so much like our own, as to create the impression that
the administration of justice is equally free from venality and favour.
As a whole and when the points at issue reach the higher functionaries
of the law, I should think this opinion true; but, taking those facts
that appear in the daily prints, through the police reports and in the
form of personal narratives, as guides, I should think that there is
much more oppression, many more abuses, and far more outrages on the
intention of the law, in the purlieus of the courts in England, through
the agency of subordinates, than with us. The delays and charges of a
suit in chancery almost amount to a denial of justice. Quite lately, I
saw a statement, which went to show that a legacy to a charity of about
1000_l_., with the interest of some fourteen years, had been consumed in
this court, with the exception of rather more than 100_l_. This is an
intolerable state of things, and goes to prove, I think, that, in some
of its features at least, English jurisprudence is behind that of every
other free country.
But I have been much impressed lately, by a case that would be likely to
escape the attention of more regular commentators. A peer of the realm
having struck a constable on a race-course, is proceeded against, in the
civil action. The jury found for the plaintiff, damages fifty pounds. In
summing up, the judge reasoned exactly contrary to what I am inclined to
think would have been the case had the matter been tried before you. He
gave it as his opinion that the action was frivolous, and ought never to
have been brought; that the affair should have been settled out of
court; and, in short, left the impression that it was not, as such, so
great a hardship for a constable to be struck by a peer, that his honour
might not be satisfied with the offering of a guinea or two. The jury
thought differently; from which I infer that the facts did not sustain
the judge in his notions. Now, the reasoning at home would, I think,
have been just the other way. The English judge said, in substance, a
man of Lord ----'s dignity ought not to have been exposed to this
action; you would have said, a senator is a law-maker, and owes even a
higher example of order than common to the community; _he_ insinuated
that a small reparation ought to suffice, while _you_ would have made
some strong hints at smart-money.
Public-domain text, read in full here on John Shaqi.
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