France -- Description and travel; France -- Social life and customs
On the whole, it is fair to presume that, while public opinion, and that
intelligence which acts virtually as a bill of rights, even in the most
despotic governments of Europe, not even excepting Turkey, perhaps, have
produced a beneficial influence on the courts, the secrecy of their
proceedings, the irresponsible nature of their trusts (responsible to
power, and irresponsible to the nation), and the absence of publicity,
produce precisely the effects that a common-sense view of the facts
would lead one who understands human nature to expect.
I am no great admirer of the compromising verdicts of juries, in civil
suits that admit of a question as to amounts. They are an admirable
invention to settle questions of guilty or not guilty, but an
enlightened court would, nine times in ten, do more justice in the cases
just named. Would it not be an improvement to alter the present powers
of juries, by letting them simply find for or against the suitor,
leaving the damages to be assessed by regular officers, that might
resemble masters in chancery? At all events, juries, or some active
substitute, cannot be safely dispensed with until a people have made
great progress in the science of publicity, and in a knowledge of the
general principles connected with jurisprudence.
This latter feature is quite peculiar to America. Nothing has struck me
more in Europe than the ignorance which everywhere exists on such
subjects, even among educated people. No one appears to have any
distinct notions of legal principles, or even of general law, beyond a
few prominent facts, but the professional men. Chance threw me, not long
since into the company of three or four exceedingly clever young
Englishmen. They were all elder sons, and two were the heirs of
peers.[7] Something was said on the subject of a claim of a gentleman
with whom I am connected to a large Irish estate. The grandfather of
this gentleman was the next brother to the incumbent, who died
intestate. The grandson, however, was defeated in his claim, in
consequence of its being proved, that the ancestor through whom he
derived his claim was of the half-blood. My English companions did not
understand the principle, and when, I explained by adding, that the
grandfather of the claimant was born of a different mother from the
last holder in fee, and that he could never inherit at law (unless by
devise), the estate going to a hundredth cousin of the whole blood in
preference, or even escheating to the king, they one and all protested
England had no such law! They were evidently struck with the injustice
of transferring property that had been acquired by the common ancestor
of two brothers to a remote cousin, merely because the affinity between
the sons was only on the father's side although that very father may
have accumulated the estate; and they could not believe that what struck
them as so grievous a wrong, could be the law of descents under which
they lived.
Public-domain text, read in full here on John Shaqi.
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