The reader is not to be surprised at the intimacy which existed between
Thomas Dunscomb and the half-educated semi-rude being who was associated
with him as counsel in the important cause that was now soon to be
tried. Such intimacies are by no means uncommon in the course of events;
men often overlooking great dissimilarities in principles, as well as in
personal qualities, in managing their associations, so far as they are
connected with the affairs of this world. The circumstance that Timms
had studied in our counsellor’s office would, as a matter of course,
produce certain relations between them in after-life; but the student
had made himself useful to his former master on a great variety of
occasions, and was frequently employed by him whenever there was a cause
depending in the courts of Duke’s, the county in which the unpolished,
half-educated, but hard-working and successful county practitioner had
established himself. It may be questioned if Dunscomb really knew all
the agencies set in motion by his coadjutor in difficult cases; but,
whether he did or not, it is quite certain that many of them were of a
character not to see the light. It is very much the fashion of our good
republic to turn up its nose at all other lands, a habit no doubt
inherited from our great ancestors the English; and one of its standing
themes of reproach are the legal corruptions and abuses known to exist
in France, Spain, Italy, &c.; all over the world, in short, except among
ourselves. So far as the judges are concerned, there is a surprising
adherence to duty, when bribes alone are concerned, no class of men on
earth being probably less obnoxious to just imputations of this
character than the innumerable corps of judicial officers; unpaid, poor,
hard-worked, and we might almost add unhonoured, as they are. That cases
in which bribes are taken do occur, we make no doubt; it would be
assuming too much in favour of human nature to infer the contrary; but,
under the system of publicity that prevails, it would not be easy for
this crime to extend very far without its being exposed. It is greatly
to the credit of the vast judicial corps of the States, that bribery is
an offence which does not appear to be even suspected at all; or, if
there be exceptions to the rule, they exist in but few and isolated
cases. Here, however, our eulogies on American justice must cease. All
that Timms has intimated and Dunscomb has asserted concerning the juries
is true; and the evil is one that each day increases. The tendency of
everything belonging to the government is to throw power directly into
the hands of the people, who, in nearly all cases, use it as men might
be supposed to do who are perfectly irresponsible, have only a remote,
and half the time an invisible interest in its exercise; who do not feel
or understand the consequences of their own deeds, and have a pleasure
in asserting a seeming independence, and of appearing to think and act
for themselves.
Public-domain text, read in full here on John Shaqi.
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