FREE BOOKS

Author's List




PREV.   NEXT  
|<   442   443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466  
467   468   469   470   471   472   473   474   475   >>  
e usually levied by the more summary proceeding of distress and sale, as in cases of rent. And it is acknowledged on all hands, that this is essential to the efficacy of the revenue laws. The dilatory course of a trial at law to recover the taxes imposed on individuals, would neither suit the exigencies of the public nor promote the convenience of the citizens. It would often occasion an accumulation of costs, more burdensome than the original sum of the tax to be levied. And as to the conduct of the officers of the revenue, the provision in favor of trial by jury in criminal cases, will afford the security aimed at. Wilful abuses of a public authority, to the oppression of the subject, and every species of official extortion, are offenses against the government, for which the persons who commit them may be indicted and punished according to the circumstances of the case. The excellence of the trial by jury in civil cases appears to depend on circumstances foreign to the preservation of liberty. The strongest argument in its favor is, that it is a security against corruption. As there is always more time and better opportunity to tamper with a standing body of magistrates than with a jury summoned for the occasion, there is room to suppose that a corrupt influence would more easily find its way to the former than to the latter. The force of this consideration is, however, diminished by others. The sheriff, who is the summoner of ordinary juries, and the clerks of courts, who have the nomination of special juries, are themselves standing officers, and, acting individually, may be supposed more accessible to the touch of corruption than the judges, who are a collective body. It is not difficult to see, that it would be in the power of those officers to select jurors who would serve the purpose of the party as well as a corrupted bench. In the next place, it may fairly be supposed, that there would be less difficulty in gaining some of the jurors promiscuously taken from the public mass, than in gaining men who had been chosen by the government for their probity and good character. But making every deduction for these considerations, the trial by jury must still be a valuable check upon corruption. It greatly multiplies the impediments to its success. As matters now stand, it would be necessary to corrupt both court and jury; for where the jury have gone evidently wrong, the court will generally grant a new trial, and i
PREV.   NEXT  
|<   442   443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466  
467   468   469   470   471   472   473   474   475   >>  



Top keywords:

public

 

corruption

 

officers

 
gaining
 

government

 

security

 

jurors

 

circumstances

 

juries

 
corrupt

standing

 
supposed
 
levied
 

occasion

 
revenue
 

collective

 

judges

 

accessible

 
impediments
 
difficult

greatly

 
select
 

multiplies

 

individually

 
ordinary
 

clerks

 

summoner

 
sheriff
 

diminished

 

courts


acting

 

purpose

 

special

 

nomination

 

matters

 

success

 

generally

 

consideration

 

considerations

 

chosen


deduction

 

character

 
probity
 

evidently

 

making

 

corrupted

 

promiscuously

 
valuable
 

difficulty

 

fairly