election of representatives
and of civil officers in the subordinate employments would remove most
causes of discontent in the people, and of instability in kingly
power. Here is a lottery in which every one is sure of a prize, if not
for himself, at least for somebody in his family or among his friends;
and the ticket would be fairly paid for out of the taxes.
_Malesherbes._ So it appears to me. What other system can present so
obviously to the great mass of the people the two principal piers and
buttresses of government, tangible interest and reasonable hope? No
danger of any kind can arise from it, no antipathies, no divisions, no
imposture of demagogues, no caprice of despots. On the contrary, many
and great advantages in places which at the first survey do not appear
to border on it. At present, the best of the English juridical
institutions, that of justices of the peace, is viewed with diffidence
and distrust. Elected as they would be, and increased in number, the
whole judicature, civil and criminal, might be confided to them, and
their labours be not only not aggravated but diminished. Suppose them
in four divisions to meet at four places in every county once in
twenty days, and to possess the power of imposing a fine not exceeding
two hundred francs on every cause implying oppression, and one not
exceeding fifty on such as they should unanimously declare frivolous.
_Rousseau._ Few would become attorneys, and those from among the
indigent.
_Malesherbes._ Almost the greatest evil that exists in the world,
moral or physical, would be removed. A second appeal might be made in
the following session; a third could only come before Parliament, and
this alone by means of attorneys, the number of whom altogether would
not exceed the number of coroners; for in England there are as many
who cut their own throats as who would cut their own purses.
_Rousseau._ The famous _trial by jury_ would cease: this would disgust
the English.
_Malesherbes._ The number of justices would be much augmented: nearly
all those who now are jurymen would enjoy this rank and dignity, and
would be flattered by sitting on the same bench with the first
gentlemen of the land.
_Rousseau._ What number would sit?
_Malesherbes._ Three or five in the first instance; five or seven in
the second--as the number of causes should permit.
_Rousseau._ The laws of England are extremely intricate and perplexed:
such men would be puzzled.
_M
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