180 ADAM SMITH. 



defence, now become necessary, is very great in all 

 countries, 



2. In early times, the administration of justice in the 

 hands of the sovereign, or of his delegate, was not an 

 expense, but a source of revenue ; and hence the greatest 

 abuses, the most sordid corruption, the most cruel injus- 

 tice, disfigured the administration. Afterwards, justice 

 was said to be administered gratis, that is, by persons 

 whom the sovereign paid; but in all countries fees were 

 exacted from the suitors. Dr. Smith is very far from 

 perceiving the evils of taxing law proceedings; and, 

 indeed, this is one of the parts of his work in which he 

 seems to have taken the least pains, either to inform 

 himself or to acquire sound notions of principle. Mr. 

 Bentham has, in his admirable tract on the subject 

 ('Protest against Law Taxes'), demonstrated unanswer- 

 ably that these imposts are the very worst that have ever, 

 to any considerable extent, been adopted by any civilized 

 nation. Dr. Smith, however, had very sound ideas on 

 the necessity of separating the judicial from the executive 

 office in every State. 



3. Institutions or works are of three classes those 

 for aiding the commerce of the country, those for the 

 education of youth, and those for instructing its adult 

 citizens. 



(1.) Those for aiding commerce may either be directed 

 to help the general commerce of a country, or to help 

 particular branches. To the former class belong canals ? 

 roads, bridges of which the cost, either as to making or 

 repairing, may be well and justly defrayed by a toll on 

 those who use them. In some countries, as in France 

 this expense is defrayed by the State on all the common 



