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1822 May 24
Economy etc.
Hence comes all that boasting which in the mouth and pen the admirers
real or pretended of the English Constitution is so undefatigable. Through the
particular channel never is the matter of corruption received by the functionaries in
the superior grades of the department. Why? because through other channels they are
saturated with it, in so far as by the matter of greed man is capable of being
saturated - through other channels they are thus saturated with it, and through this
particular channel it is altogether out of their power to obtain it.
In the Anglo-American United States, the Members of the Judicial
Establishment if in any degree at all corrupt, are not so in any degree worth
considering in comparison of what is above But, though in a degree of enormity much
less than in England factitious misdecision, delay, expence and vexation, have place
in their system of substantive law and in their system of indictive law otherwise
called Law of Judicial Procedure, it being derived from that same corrupt and
corruptive English source. From all this corruption The profit whatsoever it be which
is thus derived, it is by the professional retinues of the law by such of the lawyer
tribe as are enlisted in the service of individual suitors that it is reaped: these
men the receivers of the corrupt profit, and the men belonging to the legislative
department in the several states as well as in the central state and by whose
connivance and inaction it is continued to be reaped, these are the men whom they
have for their accomplices
Of corruption in this form which with the addition of that in which
it has place in the case of Slaveholding and Slave buying and Slave holding is /may
be stated as [...?]/ the only form in which any thing to which the name of corruption
can with truth and justice be attributed has place in that political state, the
efficient cause is the predominant influence of the lawyer tribe in the legislatures
of these several states. In the Codification Proposal the baleful magnitude of this
sinister influence has on that as yet matchless seat of good government been brought
to view
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Title: [1822 May 24 Economy etc III]Description: 1822 May 24 Economy etc III. So as to Judicature, the state of the Judicial Establishment and the state of the Law of Judicial Procedure, the branch of law in the giving execution and effect to which the function belonging to /of/ the members of it in a more especial manner appertains. It is the interest of all the members of the community taken together, that to the purpose of affording redress to all wrongs, the force of the laws should under the direction of the Judge of the several Members of the Jucicial establishment be as far as possible at the disposal of all persons by whom wrong in any shape has been suffered: that it shall not in any case be itself employed as an instrument of wrong, and that the redress and supprt thus /so/ obtained by individuals be obtained by them with as little delay, vexation in the form of forced expence, and vexation in every other form as possible If then in any political community the correspondent branch of the Official Establishment is /be/ so constituted and circumstanced that by those functionaries on whom the movement of this part of the machine principally depends the quantity of money received to their own use whether in an immediate way or in the way of patronage is encreased either by imposition having in effect the denial of redress for wrongs, or by aiding in the /contributing to the/ employing of the force of the law as an instrument of wrong, or by giving encrease to the quantity of delay, expence or vexation in other shape as the means and the only means of giving encrease to the quantity of profit reaped by themselves out of the expence here is another exemplification and conclusive token of radical and incurable corruption in the texture of the government. Every Judge who out of needless delay, expence and vexation organized or continued to be produced by himself reaps profit in either of the above two shapes to himself is a corrupt Judge: every functionary who bearing a part in that supreme operative power of the country would have it in his power either to put an end to the corrupt profit thus reaped by the Judge, or at least to use /employ/ his endeavours towards the doing so, neither does so nor employs any such endeavours is himself a corrupt functionary, accomplice before and after the fact in the corrupt practice of the corrupt Judge.
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