"Well, I don't much understand the natur' of sich things; there sartainly is a difference in men, and a difference in their fortun's, and edications, and such sort of things."
"Und der law, den, favours der rich man at der cost of der poor, in America, too, does it? Und you haf arisdograts who might not pay taxes, and who holt all der offices, and get all der pooblic money, and who ist petter pefore de law, in all dings, dan ast dem dat be not arisdograts? Is it so?"
Miller laughed outright, and shook his head at this question, continuing to examine the trinkets the whole time.
"No, no, my friend, we've not much of that, in this part of the world, either. Rich men get very few offices, to begin with; for it's an argooment in favour of a man for an office, that he's poor, and wants it. Folks don't so much ask who the office wants, as who wants the office. Then, as for taxes, there isn't much respect paid to the rich, on that score. Young 'Squire Littlepage pays the tax on this farm directly himself, and it's assessed half as high ag'in, all things considered, as any other farm on his estate."
"But dat ist not right."
"Right! Who says it is?—or who thinks there is anything right about assessments, anywhere? I have heard assessors, with my own ears, use such words as these:—'Sich a man is rich, and can afford to pay,' and 'sich a man is poor, and it will come hard on him.' Oh! they kiver up dishonesty, now-a-days, under all sorts of argooments."
"But der law; der rich might haf der law on deir side, surely?"
"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 county 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.