The Struggle for Law
of his entire existence; and the angry lawsuit which he institutes against the neighbor who has deprived him of a few feet of land, or against the trader who refuses to pay him for the oxen which he has sold him, is only his way of doing what the officer does with his sword—of battling for his rights. Both sacrifice themselves without reserve. They leave the consequences of their action entirely out of consideration. And this they must do, for, in doing it, they are only obeying the peculiar law of their moral self-preservation. Put them in the jury-box—submit to a jury of officers the case of an injury to property, and to a jury of peasants a question of honor—and see how different their verdicts! It is well known that there are no severer judges, in the matter of injuries to property, than the peasantry. And although I cannot here speak from experience, I have no manner of doubt that if a peasant were to bring an action for damages for assault and battery, for instance, it would be found much easier to induce him to arbitrate than if his action
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