"In what way, I should like to know? Juries be everything, and juries will go accordin' to their feelin's, as well as other men. I've seen the things with my own eyes. The country pays just enough a day to make poor men like to be on juries, and they never fail to attend, while them that can pay their fines stay away, and so leave the law pretty much in the hands of one party. No rich man gains his cause, unless his case is so strong it can't be helped."
I had heard this before, there being a very general complaint throughout the country of the practical abuses connected with the jury system. I have heard intelligent lawyers complain, that whenever a cause of any interest is to be tried, the first question asked is not "what are the merits?" "which has the law and the facts on his side?" but "who is likely to be on the jury?"—thus obviously placing the composition of the jury before either law or evidence. Systems may have a very fair appearance on paper and as theories, that are execrable in practice. As for juries, I believe the better opinion of the intelligent of all countries is, that while they are a capital contrivance to resist the abuse of power in narrow governments, in governments of a broad constituency they have the effect, which might easily be seen, of placing the control of the law in the hands of those who would be most apt to abuse it; since it is adding to, instead of withstanding and resisting the controlling authority of the State, from which, in a popular government, most of the abuses must unavoidably proceed.
As for my uncle Ro, he was disposed to pursue the subject with Miller, who turned out to be a discreet and conscientious man. After a very short pause, as if to reflect on what had been said, he resumed the discourse.
"Vhat, den, makes arisdograts in dis coontry?" asked my uncle.
"Wa-a-l"—no man but an American of New England descent, as was the case with Miller, can give this word its Attic sound—"Wa-a-l, it's hard to say. I hear a great deal about aristocrats, and I read a great deal about aristocrats, in this country and I know that most folks look upon them as hateful, but I'm by no means sartain I know what an aristocrat is. Do you happen to know anything about it, friend?"
"Ja, ja; an arisdograt ist one of a few men dat hast all de power of de government in deir own hands."
"King! That isn't what we think an aristocrat in this part of the world. Why, we call them critters here DIMIGOGUES! Now, young 'Squire Littlepage, who owns the Nest house, over yonder, and who is owner of all this estate, far and near, is what we call an aristocrat, and he hasn't power enough to be named town-clerk, much less to anything considerable, or what is worth having."
"How can he be an arisdograt, den?"
"How, sure enough, if your account be true! I tell you 'tis the dimigogues that be the aristocrats of America. Why, Josh Brigham, who has just gone for the sheep, can get more votes for any office in the country than young Littlepage!"
"Berhaps dis young Littlebage ist a pat yoong man?"