第 9 节
作者:嘟嘟      更新:2021-04-30 16:07      字数:9320
  judges indeed might; in this case; be under the temptation of
  multiplying unnecessarily the proceedings upon every cause; in
  order to increase; as much as possible; the produce of such a
  stamp…duty。 It has been the custom in modern Europe to regulate;
  upon most occasions; the payment of the attorneys and clerks of
  court according to the number of pages which they had occasion to
  write; the court; however; requiring that each page should
  contain so many lines; and each line so many words。 In order to
  increase their payment; the attorneys and clerks have contrived
  to multiply words beyond all necessity; to the corruption of the
  law language of; I believe; every court of justice in Europe。 A
  like temptation might perhaps occasion a like corruption in the
  form of law proceedings。
  But whether the administration of justice be so contrived as
  to defray its own expense; or whether the judges be maintained by
  fixed salaries paid to them from some other fund; it does not
  seem necessary that the person or persons entrusted with the
  executive power should be charged with the management of that
  fund; or with the payment of those salaries。 That fund might
  arise from the rent of landed estates; the management of each
  estate being entrusted to the particular court which was to be
  maintained by it。 That fund might arise even from the interest of
  a sum of money; the lending out of which might; in the same
  manner; be entrusted to the court which was to be maintained by
  it。 A part; though indeed but a small part; of the salary of the
  judges of the Court of Session in Scotland arises from the
  interest of a sum of money。 The necessary instability of such a
  fund seems; however; to render it an improper one for the
  maintenance of an institution which ought to last for ever。
  The separation of the judicial from the executive power
  seems originally to have arisen from the increasing business of
  the society; in consequence of its increasing improvement。 The
  administration of justice became so laborious and so complicated
  a duty as to require the undivided attention of the persons to
  whom it was entrusted。 The person entrusted with the executive
  power not having leisure to attend to the decision of private
  causes himself; a deputy was appointed to decide them in his
  stead。 In the progress of the Roman greatness; the consul was too
  much occupied with the political affairs of the state to attend
  to the administration of justice。 A praetor; therefore; was
  appointed to administer it in his stead。 In the progress of the
  European monarchies which were founded upon the ruins of the
  Roman empire; the sovereigns and the great lords came universally
  to consider the administration of justice as an office both too
  laborious and too ignoble for them to execute in their own
  persons。 They universally; therefore; discharged themselves of it
  by appointing a deputy; bailiff; or judge。
  When the judicial is united to the executive power; it is
  scarce possible that justice should not frequently be sacrificed
  to what is vulgarly called polities。 The persons entrusted with
  the great interests of the state may; even without any corrupt
  views; sometimes imagine it necessary to sacrifice to those
  interests the rights of a private man。 But upon the impartial
  administration of justice depends the liberty of every
  individual; the sense which he has of his own security。 In order
  to make every individual feel himself perfectly secure in the
  possession of every right which belongs to him; it is not only
  necessary that the judicial should be separated from the
  executive power; but that it should be rendered as much as
  possible independent of that power。 The judge should not be
  liable to be removed from his office according to the caprice of
  that power。 The regular the good…will or even upon the good
  economy payment of his salary should not depend upon of that
  power。
  PART 3
  Of the Expense of Public Works and Public Institutions
  THE third and last duty of the sovereign or commonwealth is
  that of erecting and maintaining those public institutions and
  those public works; which; though they may be in the highest
  degree advantageous to a great society; are; however; of such a
  nature that the profit could never repay the expense to any
  individual or small number of individuals; and which it therefore
  cannot be expected that any individual or small number of
  individuals should erect or maintain。 The performance of this
  duty requires; too; very different degrees of expense in the
  different periods of society。
  After the public institutions and public works necessary for
  the defence of the society; and for the administration of
  justice; both of which have already been mentioned; the other
  works and institutions of this kind are chiefly those for
  facilitating the commerce of the society; and those for promoting
  the instruction of the people。 The institutions for instruction
  are of two kinds: those for the education of youth; and those for
  the instruction of people of all ages。 The consideration of the
  manner in which the expense of those different sorts of public;
  works and institutions may be most properly defrayed will divide
  this third part of the present chapter into three different
  articles。
  ARTICLE 1
  Of the Public Works and Institutions for facilitating the
  Commerce of the Society
  And; first; of those which are necessary for facilitating
  Commerce in general。
  That the erection and maintenance of the public works which
  facilitate the commerce of any country; such as good roads;
  bridges; navigable canals; harbours; etc。; must require very
  different degrees of expense in the different periods of society
  is evident without any proof。 The expense of making and
  maintaining the public roads of any country must evidently
  increase with the annual produce of the land and labour of that
  country; or with the quantity and weight of the goods which it
  becomes necessary to fetch and carry upon those roads。 The
  strength of a bridge must be suited to the number and weight of
  the carriages which are likely to pass over it。 The depth and the
  supply of water for a navigable canal must be proportioned to the
  number and tonnage of the lighters which are likely to carry
  goods upon it; the extent of a harbour to the number of the
  shipping which are likely to take shelter in it。
  It does not seem necessary that the expense of those public
  works should be defrayed from that public revenue; as it is
  commonly called; of which the collection and application is in
  most countries assigned to the executive power。 The greater part
  of such public works may easily be so managed as to afford a
  particular revenue sufficient for defraying their own expense;
  without bringing any burden upon the general revenue of the
  society。
  A highway; a bridge; a navigable canal; for example; may in
  most cases be both made and maintained by a small toll upon the
  carriages which make use of them: a harbour; by a moderate
  port…duty upon the tonnage of the shipping which load or unload
  in it。 The coinage; another institution for facilitating
  commerce; in many countries; not only defrays its own expense;
  but affords a small revenue or seignorage to the sovereign。 The
  post…office; another institution for the same purpose; over and
  above defraying its own expense; affords in almost all countries
  a very considerable revenue to the sovereign。
  When the carriages which pass over a highway or a bridge;
  and the lighters which sail upon a navigable canal; pay toll in
  proportion to their weight or their tonnage; they pay for the
  maintenance of those public works exactly in proportion to the
  wear and tear which they occasion of them。 It seems scarce
  possible to invent a more equitable way of maintaining such
  works。 This tax or toll too; though it is advanced by the
  carrier; is finally paid by the consumer; to whom it must always
  be charged in the price of the goods。 As the expense of carriage;
  however; is very much reduced by means of such public works; the
  goods; notwithstanding the toll come cheaper to the consumer than
  the; could otherwise have done; their price not being so much
  raised by the toll as it is lowered by the cheapness of the
  carriage。 The person who finally pays this tax; therefore; gains
  by the application more than he loses by the payment of it。 His
  payment is exactly in proportion to his gain。 It is in reality no
  more than a part of that gain which he is obliged to give up in
  order to get the rest。 It seems impossible to imagine a more
  equitable method of raising a tax。
  When the toll upon carriages of luxury upon coaches;
  post…chaises; etc。; is made somewhat higher in proportion to
  their weight than upon carriages of necessary use; such as carts;