The Redskins; or, Indian and Injin, Volume 1.: Being the Conclusion of the Littlepage ManuscriptsCooper, James Fenimore
History
The Redskins; or, Indian and Injin, Volume 1.: Being the Conclusion of the Littlepage Manuscripts
Cooper, James Fenimore
Indians of North America -- Fiction; New York (State) -- History -- Colonial period, ca. 1600-1775 -- Fiction
"No, no, my friend, we've not much of _that_, in this part of the world,
either. Rich men get very few offices, to begin with; for it's an
argooment in favour of a man for an office, that he's poor, and _wants_
it. Folks don't so much ask who the office wants, as who wants the
office. Then, as for taxes, there isn't much respect paid to the rich,
on that score. Young 'Squire Littlepage pays the tax on this farm
directly himself, and it's assessed half as high ag'in, all things
considered, as any other farm on his estate."
"But dat ist not right."
"Right! Who says it is?--or who thinks there is anything right about
assessments, anywhere? I have heard assessors, with my own ears, use
such words as these:--'Sich a man is rich, and can afford to pay,' and
'sich a man is poor, and it will come hard on him.' Oh! they kiver up
dishonesty, now-a-days, under all sorts of argooments."
"But der law; der rich might haf der law on deir side, surely?"
"In what way, I should like to know? Juries be everything, and juries
will go accordin' to their feelin's, as well as other men. I've seen the
things with my own eyes. The county pays just enough a-day to make poor
men like to be on juries, and they never fail to attend, while them that
can pay their fines stay away, and so leave the law pretty much in the
hands of one party. No rich man gains his cause, unless his case is so
strong it can't be helped."
I had heard this before, there being a very general complaint throughout
the country of the practical abuses connected with the jury system. I
have heard intelligent lawyers complain, that whenever a cause of any
interest is to be tried, the first question asked is not "what are the
merits?" "which has the law and the facts on his side?" but "who is
likely to be on the jury?"--thus obviously placing the composition of
the jury before either law or evidence. Systems may have a very fair
appearance on paper and as theories, that are execrable in practice. As
for juries, I believe the better opinion of the intelligent of all
countries is, that while they are a capital contrivance to resist the
abuse of power in narrow governments, in governments of a broad
constituency they have the effect, which might easily be seen, of
placing the control of the law in the hands of those who would be most
apt to abuse it; since it is adding to, instead of withstanding and
resisting the controlling authority of the State, from which, in a
popular government, most of the abuses must unavoidably proceed.
As for my uncle Ro, he was disposed to pursue the subject with Miller,
who turned out to be a discreet and conscientious man. After a very
short pause, as if to reflect on what had been said, he resumed the
discourse.
"Vhat, den, makes arisdograts in dis coontry?" asked my uncle.
Public-domain text, read in full here on John Shaqi.
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