第7章

First then, legislation is in almost every country grossly the favourer of the rich against the poor. Such is the character of the game-laws, by which the industrious rustic is forbidden to destroy the animal that preys upon the hopes of his future subsistence, or to supply himself with the food that unsought thrusts itself in his path. Such was the spirit of the late revenue-laws of France, which in several of their provisions fell exclusively upon the humble and industrious, and exempted from their operation those who were best able to support it. Thus in England the land-tax at this moment produces half a million less than it did a century ago, while the taxes on consumption have experienced an addition of thirteen millions per annum during the same period. This is an attempt, whether effectual or no, to throw the burthen from the rich upon the poor, and as such is an example of the spirit of legislation. Upon the same principle robbery and other offences, which the wealthier part of the community have no temptation to commit, are treated as capital crimes, and attended with the most rigorous, often the most inhuman punishments. The rich are encouraged to associate for the execution of the most partial and oppressive positive laws; monopolies and patents are lavishly dispensed to such as are able to purchase them;Chapter hile the most vigilant policy is employed to prevent combinations of the poor to fix the price of labour, and they are deprived of the benefit of that prudence and judgement which would select the scene of their industry.

Secondly, the administration of law is not less iniquitous than the spirit in which it is framed. Under the late government of France the office of judge was a matter of purchase, partly by an open price advanced to the crown, and partly by a secret douceur paid to the minister. He who knew best how to manage his market in the retail trade of justice could afford to purchase the good will of its functions at the highest price.

To the client justice was avowedly made an object of personal solicitation;Chapter nd a powerful friend, a handsome woman, or a proper present were articles of much greater value than a good cause. In England the criminal law is administered with greater impartiality so far as regards the trial itself;Chapter ut the number of capital offences, and of consequence the frequency of pardons, open a wide door to favour and abuse. In causes relating to property the practice of law is arrived at such a pitch as to render its nominal impartiality utterly nugatory. The length of our chancery suits, the multiplied appeals from court to court, the enormous fees of counsel, attorneys, secretaries, clerks, the drawing of briefs, bills, replications and rejoinders, and what has sometimes been called the "glorious uncertainty" of the law, render it frequently more advisable to resign a property than to contest it, and particularly exclude the impoverished claimant from the faintest hope of redress.

Thirdly, the inequality of conditions usually maintained by political institution is calculated greatly to enhance the imagined excellence of wealth. In the ancient monarchies of the East, and in Turkey at the present day, an eminent station could scarcely fail to excite implicit deference.

The timid inhabitant trembled before his superior; and would have thought it little less than blasphemy to touch the veil drawn by the proud satrap over his inglorious origin. The same principles were extensively prevalent under the feudal system. The vassal, who was regarded as a sort of live stock upon the estate, and knew no appeal from the arbitrary fiat of his lord, would scarcely venture to suspect that he was of the same species.

This however constituted an unnatural and violent situation. There is a propensity in man to look further than the outside; and to come with a writ of enquiry into the title of the upstart and the successful. By the operation of these causes the insolence of wealth has been in some degree moderated. Meantime it cannot be pretended that even among ourselves the inequality is not strained so as to give birth to very unfortunate consequences.

If, in the enormous degree in which it prevails in some parts of the world, it wholly debilitate and emasculate the human race, we shall feel some reason to believe that, even in the milder state in which we are accustomed to behold it, it is still pregnant with the most mischievous effects.