Page:Memoir upon the negotiations between Spain and the United States of America which led to the treaty of 1819.djvu/122

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��that no art has made such progress in the United States as the art of pleadings orforensick intrigue: it aifords considerable fortunes to those who follow it: and it rarely happens that the lawyer does not accumulate wealth, or acquire a brilliant establish- ment — their number consequently is immense. In a single city in the United States, no doubt more lawyers would be found, than in a whole province, or perhaps a whole kingdom, of Europe.

In a country where the people are moderate and enlightened, and where the laws are simple, clear and definite, the institution of trial by jury is in its nature excellent, but it is of little use in the United States; for not being yet in that condition, the judge there has always too much influence on the jury, and even sometimes dictates to them, how they should decide in the case before them. In criminal cases, the pi'oceeding is generally conduct- ed with great humanity, or with great indulgence; and the repugnance to inflict capital punishment is so great, that I have been present at trials of the most horrible cases, even for assassinations well proved, where the delinquent has escaped, under the pretext of some informality in the process. In cases of this nature, the law has no modification of punishment, and the culprit must either be acquit- ted or condemned: an informality in the process prevents his being condemned, and he is conse- quently acquitted. There is a case well known throughout the Union, of a rich Jew at Norfolk

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