Section XV. Law Taxes

Taxes upon proceedings at law are levied chiefly in the form of stamps, on the different writings employed in the business of judicature; and in that of fees on the several steps and incidents of the judicial procedure.

It is evident enough that they fall upon the suitors. It is equally evident that they are a tax upon the demand for justice.

Justice is demanded in two cases; either that, in which it is a matter of doubt to which of two persons a certain right belongs; or that, in which the right of some person has been violated, and a remedy is required.

There is no peculiar propriety in taxing a man, because he has a right, which, unfortunately for him, is disputed. But there is the greatest of all improprieties in taxing a man, because he has sustained an act of injustice.

It is very evident that all such taxes are a bar in the way of obtaining redress of injury; and just in so far as any thing obstructs the redress of injury, injustice is promoted. A tax upon justice, therefore, is a premium upon injustice.