Not only have the obvious and well-earned inducements to keep men
honest—competence, honours, and security in office—been recklessly
thrown away by the open hand of popular delusion, but all the minor
expedients by which those who cannot think might be made to feel, have
been laid aside, leaving the machinery of justice as naked as the hand.
Although the colonial system was never elaborated in these last
particulars, there were some of its useful and respectable remains, down
as late as the commencement of the present century. The sheriff appeared
with his sword, the judge was escorted to and from the court-house to
his private dwelling with some show of attention and respect, leaving a
salutary impression of authority on the ordinary observer. All this has
disappeared. The judge slips into the county town almost unknown; lives
at an inn amid a crowd of lawyers, witnesses, suitors, jurors and
horse-shedders, as Timms calls them; finds his way to the bench as best
he may; and seems to think that the more work he can do in the shortest
time is the one great purpose of his appointment. Nevertheless, these
men, _as yet_, are surprisingly incorrupt and intelligent. How long it
will remain so, no one can predict; if it be for a human life, however,
the working of the problem will demonstrate the fallibility of every
appreciation of human motives. One bad consequence of the depreciation
of the office of a magistrate, however, has long been apparent, in the
lessening of the influence of the judge on the juries; the power that
alone renders the latter institution even tolerable. This is putting an
irresponsible, usually an ignorant, and often a corrupt arbiter, in the
judgment-seat, in lieu of the man of high qualities for which it was
alone intended.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account