his own wrongs. If one man
owe another a debt, and refuse to pay it, the creditor has a natural
right to seize sufficient property of the debtor, wherever he can find
it, to satisfy the debt. If one man commit a trespass upon the person,
property or character of another, the injured party has a natural right,
either to chastise the aggressor, or to take compensation for the injury
out of his property. But as the government is an impartial party as
between these individuals, it is more likely to do _exact_ justice
between them than the injured individual himself would do. The
government, also, having more power at its command, is likely to right a
man's wrongs more peacefully than the injured party himself could do it.
If, therefore, the government will do the work of enforcing a man's
rights, and redressing his wrongs, _promptly, and free of expense to
him_, he is under a moral obligation to leave the work in the hands of
the government; but not otherwise. When the government forbids him to
enforce his own rights or redress his own wrongs, and deprives him of
all means of obtaining justice, except on the condition of his employing
the government to obtain it for him, _and of paying the government for
doing it_, the government becomes itself the protector and accomplice of
the wrong-doer. If the government will forbid a man to protect his own
rights, it is bound to do it for him, _free of expense to him_. And so
long as government refuses to do this, juries, if they knew their
duties, would protect a man in defending his own rights.

Under the prevailing system, probably one half of the community are
virtually deprived of all protection for their rights, except what the
criminal law affords them. Courts of justice, for all civil suits, are
as effectually shut against them, as though it were done by bolts and
bars. Being forbidden to maintain their own rights by force,--as, for
instance, to compel the payment of debts,--and being unable to pay the
expenses of civil suits, they have no alternative but submission to many
acts of injustice, against which the government is bound either to
protect them, _free of expense_, or allow them to protect themselves.

There would be the same reason in compelling a party to pay the judge
and jury for their services, that there is in compelling him to pay the
witnesses, or any other _necessary_ charges.[102]

This compelling parties to pay the expenses of civil suits is one of the
many