it chooses for the
purpose citizens who do not know how to use the weapon. It then fondly
imagines that it is adequately protected. The jury is like an unskilled
gladiator entangled in the meshes of his own net.

I need hardly say that democracy with its usual pertinacity is now
trying to reduce the jury a step lower, and draw it from the lower
instead of the lower middle classes. I see no harm in this myself, for
in the matter of law the ignorance and inexperience of the lower middle
class and the ignorance of the working class are much the same. I have
only mentioned it to show the tendency of democracy towards what is
presumably greater incompetence.

Now comes the turn of the _juges de paix_. At present we still have
_juges de paix_. Here we have a most interesting example of the way
democracy strives after incompetence in matters judicial.

Owing to the expense entailed by an appeal the jurisdiction of a _juge
de paix_ is very often final. He ought to be an instructed person with
some knowledge of law and jurisprudence. He is therefore usually chosen
from men who have a degree in law or from lawyers' clerks who have a
certificate of ability. To be quite honest this is but a feeble
guarantee.

By the law of July 12th, 1905, the French Senate, anxious to find men of
still grosser incompetence, decided that _juges de paix_ might be
nominated from those, who, not having the required degree or
certificate, had occupied the posts of mayor, deputy-mayor or councillor
for ten years.

The object of this decision was the very honest and legitimate one of
giving senators and deputies the opportunity of rewarding the electoral
services of the village mayors and their assistants. And remember
senators especially are nominated by these officials. Further it was an
opportunity not to be missed for applying our principle--and our
principle is this: we ask, where is absolute incompetence to be found,
for to him who can lay indisputable claim to it we must confide
authority.

Now mayors and their assistants answer this description exactly. They
must be able to sign their names, but they are not obliged to know how
to read, and eighty per cent. of them are totally illiterate. Their work
is done for them very usually by the local schoolmaster. The Senate,
therefore, was quite sure of finding among them men absolutely
incompetent for the post of _juge de paix_, and it has found what it
wanted. Incompetence so colossal deserved