CHAPTER XII.
That on which the mutual security of the citizens chiefly depends is the entire transfer to the State of all that concerns the redress of wrongs. Along with this transfer the duty is imposed upon the State of securing to the citizens that which they could not obtain of themselves; hence, of deciding on right where it comes under dispute, and further of protecting him on whose side the right is found to be.
In so doing the State simply takes the place of the citizens, without the admixture of any interest of its own. For security is never really violated when he who is wronged is willing, or has reasons, to waive his right of redress; but only when he who suffers, or believes himself to suffer, wrong, will not patiently put up with it. Nay, even if ignorance or indolence should bring men to neglect their personal rights, the State should not interfere to counteract this of its own pleasure. It may be considered to have discharged its sufficient duty when it has not furnished occasion for such errors by obscure and complicated laws, or by such as have not been properly made known. These considerations also apply to all means adopted by the State to solve the exact question of right in cases where redress is sought. That is, it must not advance a single step further in its investigation into the true nature of the case,
