H́nh ảnh trang
PDF
ePub

ther. After mankind have emerged from this wild ftate, but before the establishment of due subordination and regular government, if one man fhould make an attack on the poffeffions or perfon of another, where could the latter find redress, but in a fimilar return on the depredator? In the progrefs of civilization, and on mankind's emancipating themfelves from anarchy and confufion, individuals were vefted with judicial powers, and the determination of differences was fubmitted to their wisdom. Unimpaffioned neutrality, introduced the lex talionis, whereby the wrongs of the individual were redreffed according to the immutable principles of natural equity, and alfo determined the punishment of him, who, by his dangerous machinations or actions had forfeited the protection of civil government. Instead of the dagger and the club, was introduced the erudition, the perfuafive reasoning, and the pompous declamation of the lawyer; while the fury of conflicting parties now harmlessly evaporates in a Court of Juftice. Thus, law-fuits are beneficial to the community.

2. Self-intereft, under the cloak of patriotifm, has divided the British parliament into two illuftrious factions, the ministerial party and the oppofition. Politicians have regarded this difunion, and conflict of fentiments and interests, as the grand bulwark of our liberties. On the one hand, the encroachments of the royal prerogative are restrained, while, on the other, democratical licentioufnefs is repreffed. A parliamentary difpute attracts and engages the attention of the nation; but a wary minifter effects his purposes with more readiness and facility, by clandeftine, than by open and avowed attempts. By the former, the nation is lulled into fecurity, and their jealoufy fleeps in peace; but by the latter, their minds are agitated, their paffions inflamed, and their fears alarmed. During an exemption from foreign wars or inteftine commotions, the human mind is, in fome degree, enervated by tranquil

Meckness and charity are the striking traits of the Christian character. The haughty pagan trampled, with exultation, on his proftrate foe: But the humble votary of Christianity is taught to bewail the misfortune of an enemy. The mild precepts of our holy religion are calculated to refine the morals, to improve the underftanding, and to better the heart: And perhaps it was owing to their intrinfic value, and fuperior tendency to civilize mankind, that the refinement and polished manners of the moderns have fo far exceeded thofe of the ancient inhabitants of Italy and Greece.

What befits the man of morality, is not furely repugnant to the functions of a Chriftian. Both ought to feel the philanthropic glow; both ought to yield to the sympathetic fenfations of friendship and benevolence. It is the duty of both to heal the differences of mankind: But furely neither can be juftly cenfured for aiding the injured in their claims of redrefs of wrongs. That an individual has proftituted his profeffion; that hundreds have fuffered by the chicanery of the terriers of the law, can no more be objected to the liberal profeffor, than the affumed prerogative of the Roman pontiff in the remiffion of fins, can vilify religion, or the petty larceny of a taylor can ftamp a ftigma on the

trade.

Having thus premifed, I fhall proceed to ftate fome of the advantages which mankind derive from lawfuits: And,

If

1. Philofophers tell us, that man, in a state of na ture, or in the firft ftages of civil life, is guided folely by his instincts and paffions; and that the selfish and groffer affections predominate. The defires of the favage are limited to his food, his female, and fleep. he is disturbed in the enjoyment of thefe by the intrufion of his neighbour; if the latter feizes the prey or the wives of the former, what is the confequence? the immediate forfeiture of life: The keennefs of appetite ør infatiate revenge prompts the one to butcher the e

ther. After mankind have emerged from this wild ftate, but before the establishment of due fubordination and regular government, if one man fhould make an attack on the poffeffions or perfon of another, where could the latter find redrefs, but in a fimilar return on the depredator? In the progrefs of civilization, and on mankind's emancipating themselves from anarchy and confufion, individuals were vefted with judicial powers, and the determination of differences was fubmitted to their wisdom. Unimpaffioned neutrality, introduced the lex talionis, whereby the wrongs of the individual were redreffed according to the immutable principles of natural equity, and alfo determined the punishment of him, who, by his dangerous machinations or actions had forfeited the protection of civil government. Instead of the dagger and the club, was introduced the erudition, the perfuafive reasoning, and the pompous declamation of the lawyer; while the fury of conflicting parties now harmlessly evaporates in a Court of Justice. Thus, law-fuits are beneficial to the community.

2. Self-intereft, under the cloak of patriotifm, has divided the British parliament into two illuftrious factions, the ministerial party and the oppofition. Politicians have regarded this difunion, and conflict of fentiments and interests, as the grand bulwark of our liberties. On the one hand, the encroachments of the royal prerogative are reftrained, while, on the other, democratical licentioufnefs is repreffed. A parliamentary dispute attracts and engages the attention of the nation; but a wary minifter effects his purposes with more readinefs and facility, by clandeftine, than by open and avowed attempts. By the former, the nation is lulled into fecurity, and their jealoufy fleeps in peace; but by the latter, their minds are agitated, their pas fions inflamed, and their fears alarmed. During an exemption from foreign wars or inteftine commotions, the human mind is, in fome degree, enervated by tranquil

lity; but nothing contributes more effectually to keep alive the spirit of freedom, than a multiplicity of lawfuits. I have, in the preceding article, remarked the effects of diffention in a ftate of nature, and in the origin of civil fociety. The refentment of the illiterate and untutored barbarian is easily excited; and his arm is prompt, and prepared to glut his vengeance. But revenge is fatisfied, when its object is no more; and the tempeft of the paffions foon fubfides into a calm. An action in a Court of Juftice preferves and continues an active spirit of oppofition, whereby mankind are prepared to difpute and maintain their civil rights, and not to fuccumb under the preffure of arbitrary and imperious oppreffion. The injured remembers that he is a Briton, and, with undaunted firmnefs, demands redrefs. Does. the grievance originate from the throne? A thoufand arms are elevated to fecond him in his claim. Thus law-fuits are beneficial to the British conftitution..

3. When mankind have arranged themselves in communities, certain regulations and rules are inftituted and promulgated, in order to promote the general good. An individual, by his refidence in a particular fociety, tacitly confents to be governed by its laws. If thefe ordinances fuit not his notions, his wifhes, or his views, he has or ought to have the toleration of emigrating to another region: But while he is a refident, he is certainly, on every principle of justice, entitled to avail himself of the laws of his country.

When my neighbour folicits my advice in a fuit at law, I give it him as becomes an honest man. Does he request me, notwithstanding my contrary opinion, to try? I do fo, and act as an honest man. Is he caft in cofts? It is perhaps, fortunately for him, a leffon of wifdom; but still I was his friend, and not an enemy to a fellow-citizen or the laws.

Does another illegally enjoy your poffeffion and eftate? does he difturb your tranquillity, or murder your peace? does he deprive you of a benefit, or har

rafs you with injuiries? does he impofe on your cre dulity, or cheat you with confidence? does he refuse fulfilment of his obligations, or unjustly claim the completion of yours? does the imperious fuperior plunder the faithful menial of his wages, of that humble pittance which his induftry had carned, and his frugality faved? does the proud practitioner, entrenched in property, bid deñance to juftice and to law? does he, by the perverfion of fenfe, and the contortion of truth, puzzle the understanding of the judge? or, by fubterfuge and evasion, does he, Proteus-like, elude the vengeance of a just decifion? Thefe are evils flowing from the corruption of our nature; evils which the moralift, and the man of benevolence, muft deplore; yet, in a court of juftice the unfortunate may find a friend, and the injured may find remeid. The wit hath faid, that among the practitioners of the law, we cannot count the men of generous principles and liberal views; but let him recollect the names of an Erfkiue, a Tait, and a Corbet.

Procraftination is the opprobrium of the profeffion; the law's delay may be alleviated; but, from the frailty of humanity, cannot be removed; and, like the abfence of the fun, it is a partial evil refulting from the neceffity of things. Thus law-fuits, as the means of rendering rights effectual, and of remedying wrongs, are beneficial to individuals.

Other arguments may be fuggefted by fuperior underftandings, and enforced by more learned pens; fuffice it to add, that the above are fufficient to remove the conscientious doubts of

T. R.

« TrướcTiếp tục »