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- I said there was a society of men among us,
- bred up from their youth in the art of proving
- by words multiplied for the purpose, that
- white is black, and black is white, according
- as they are paid. To this society all the rest
- of the people are slaves. "For example. If my neighbor hath a mind to my
- cow, he hires a lawyer to prove that he ought to
- have my cow from me. I must then hire another to
- defend my right; it being against all rules of law
- that any man should be allowed to speak for himself.
- Now in this case, I who am the true owner lie under
- two great disadvantages. First, my lawyer being
- practiced almost from his cradle in defending
- falsehood is quite out of his element when he would
- be an advocate for justice, which as an office
- unnatural, he always attempts with great awkwardness,
- if not ill-will. The second disadvantage is that my
- lawyer must proceed with great caution, or else he
- will be reprimanded by the judges, and abhorred by
- his brethren, as one who would lessen the practice
- of the law. And therefore I have but two methods
- to preserve my cow. The first is to gain over my
- adversary's lawyer with a double fee; who will then
- betray his client, by insinuating that he hath
- justice on his side. The second way is for my
- lawyer to make my cause appear as unjust as he can; by allowing the cow to belong to my adversary; and
- this if it be skillfully done, will certainly
- bespeak the favor of the bench. "Now, these judges are persons appointed to
- decide all controversies of property, as well as
- for the trial of criminals; and picked out from the
- most dexterous lawyers who are grown old or lazy; and having been biased all their lives against truth
- and equity, lie under such a fatal necessity of
- favoring fraud, perjury, and oppression, that I
- have known some of them to have refused a large
- bribe from the side where justice lay, rather than
- injure the faculty, by doing anything unbecoming
- their nature or their office. "It is a maxim among these lawyers, that whatever
- hath been done before may legally be done again; and
- therefore they take special care to record all
- decisions formerly made against common justice and the
- general reason of mankind. These, under the name of
- 'precedents', they produce as authorities to justify
- the most iniquitous opinions; and the judges never
- fail of directing accordingly. "In pleading, they studiously avoid entering
- into the merits of the cause; but are loud, violent,
- and tedious in dwelling upon all circumstances
- which are not to the purpose. For instance, in the
- case already mentioned, they never desire to know
- what claim or title my adversary hath to my cow; but whether the said cow were red or black; her horns
- long or short; whether the field I graze her in be
- round or square; whether she were milked at home
- or abroad; what diseases she is subject to, and the
- like. After which they consult precedents, adjourn
- the cause, from time to time, and in ten, twenty,
- or thirty years come to an issue. "It is likewise to be observed, that this society
- hath a peculiar cant and jargon of their own, that
- no other mortal can understand, and wherein all
- their laws are written, which they take special
- care to multiply; whereby they have wholly confounded
- the very essence of truth and falsehood, of right and
- wrong; so that it will take thirty years to decide
- whether the field, left me by my ancestors for six
- generations, belong to me, or to a stranger three
- hundred miles off. "In the trial of persons accused of crimes against
- the state, the method is much more short and
- commendable: the judge first sends to sound the
- disposition of those in power; after which he can
- easily hang or save the criminal, preserving all
- the forms of law." Here my master interposing said it was a pity
- that creatures endowed with such prodigious abilities
- of mind as these lawyers, by the description I gave
- of them must certainly be, were not rather encouraged
- to be instructors of others in wisdom and knowledge.
- In answer to which, I assured his honor that in all
- points out of their own trade, they were usually the
- most ignorant and stupid generation among us, the
- most despicable in common conversation, avowed
- enemies to all knowledge and learning; and equally
- disposed to pervert the general reason of mankind,
- in every other subject of discourse as in that of
- their own profession.
-