All the wealth and talent of
the country would become enlisted in the service of these rival
associations; and both would at length become so compact, so well
organized, so powerful, and yet always so much in need of
recruits, that a private person would be nearly or quite unable
to obtain justice in the most paltry suit with his neighbor,
except on the condition of joining one of these great litigating
associations, who would agree to carry through his cause, on
condition of his assisting them to carry through all the others,
good and bad, which they had already undertaken. If he refused
this, they would threaten to make a similar offer to his
antagonist, and suffer their whole numbers to be counted against
him.
Now this picture is no caricature, but a true and honest
likeness. And such a system of administering justice, would be no
more false, absurd, or atrocious, than that system of working by
majorities, which seeks to accomplish, by legislation, the same
ends which, in the case supposed, would be accomplished by
judicial decisions.
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