Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
Now, this strange _Jury system_, boasted of as the _Palladium_ of
Liberty by the English Barbarians, strikes my poor mind as something
very cumbersome, irrational, and hurtful. The criminal class may
well esteem it, for it seems exactly contrived to set the criminal
at liberty, and to vex, terrify, annoy, and confuse everybody else.
Witnesses themselves often fare more hardly than the actual criminal!
and Society is shocked by needless and reiterated exposures of every
particular of dreadful things to no rational purpose--unless to give
fees to Lawyers and a host of busy officials, who live and fatten in
these horrors.
One might suspect that the whole machinery was contrived by the Lawyers
(called _criminal_) to effect their purpose--that is, to protect their
friends and supporters; the numerous men, women, and half-grown youths
swarming everywhere, and known as the _criminal class_.
Another unjust custom is when a man offends a Judge, he is not at once
brought before him for reproof and proper correction. No; for his
disrespect he is compelled to pay a _fine_ [tsig] in money which may
beggar his innocent family, or prevent his creditors from obtaining
their dues; or, _unable_ to pay, must lie in prison till it _be paid_,
or until released by the angry Judge. Thus making the innocent to
suffer! How much better in our _Flowery Land_, where disrespectful
conduct is at once reprimanded and, if the disrespect be marked,
punished on the spot, in the presence of the magistrate, and under his
paternal direction.
These may serve to illustrate usages not readily referable to any
principle. They are rooted in old customs, when general ignorance and
universal poverty made the mass one, and when simplicity and directness
were natural. They are retained now in an artificial and totally
different state of society, for no better reason than the English
Barbarians have for other abuses and enormities--_they support the
fungi which cling to them_! And the upper classes find their interests
concerned in maintaining things as they are. The lower classes, too
ignorant to see, are made to believe that nothing in human Wisdom
and experience excels these very Laws and customs! The Barbarian
stolidity, too, in the well-to-do classes, supports these singular
views as to the perfection of the Laws and system of administration.
These classes constantly mistake this _stolidity_ for solidity of
character. When an evil is unmistakable, none the less, instead of
removing it, they say, "Better bear those ills we have than fly to
others we know not of!" (Quoting from their great Shakespeare.) But
they do not stop to consider if it must necessarily follow that when
one quits one ill he flies to _another_. As if one with a sore finger
should refuse to apply any remedy to the _finger_ for fear he might
thereupon find a sore upon his leg!
Public-domain text, read in full here on John Shaqi.
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