Accountability

“ A sense of accountability, in some manner and to some tribunal, is essential to ensure fidelity under all temptations to indolence or perversion, in every case in which men are the recipients of any trust. ”

“ Can demand accountability from the representatives of the people, their deputies, the heads of state and economic bodies about their activities; using the authority of their social organizations to express their wishes and demands; to address their concerns and proposals to the social, state and economic bodies and institutions ”

“ His principle has been to show the utmost respect and confidence, but to hold to the strictest accountability. Not a single employe, so far as he is aware, in all this time, during his service, has ever wronged the Society or betrayed his trust. ”

“ Even if insuperable obstacles and opposition prevent the consummation of our task, we shall hardly be excused; and if failure can be traced to our fault or neglect we may be sure the people will hold us to a swift and exacting accountability. ”

“ Where rigid accountability has been substituted for such irresponsibility the happiest results have uniformly followed, for thereby the lowest as well as the highest individual in the service became assured that, while he might be suspended for a short time by the exercise of arbitrary authority, a full hearing and exact justice would ultimately be had from an unprejudiced tribunal ”

“ A rigid accountability is in all cases enjoined by the government in execution of vouchers and returns, requiring care and method, and a thorough knowledge on the part of the officers in the discharge of these functions of the duties of the soldier in and out of the field. ”

“ That which I hold to be the chief business of legislation—an administration of justice such as shall secure to each person, with certainty and without cost, the maintenance of his equitable claims—is a business to which little attention is paid; while attention is absorbed in doing things which I hold should not be done at all. ”

“ If there is no authority outside the person, that is, no authority not in his own mind, why does he summon and examine and cross-examine witnesses or consult the judge? Why does he not work the facts and the law out of his own “inner consciousness,” as do most modern historians the facts they give us for history? As a lawyer, our friend would soon find his principle, if he carried it into court, operating as an effectual estoppel to the practice of his profession. ”

“ They are bound, it is true, to learn from the assessment what the limit upon their authority is, as a necessary preliminary in the exercise of their functions and the performance of their duty; but the information is for themselves alone. All the world besides must have it from the same source, and for themselves. ”

“ But that iniquity, which, if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by so doing, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals. Do you undertake the cause of impartiality, of integrity, of good faith and religion. ”

“ Allow facts, injurious to the judge, to be published, even when true; allow comments, unfavourable to the judge, to be made upon his actions, you discredit the administration of justice. Discredit the administration of justice, to which the people are resorting every day for the greatest of all possible benefits, protection from injury! ”

“ Let me be forgiven if I cannot speak with temper of such insolence as this: is a man without title, pension, or place, to suspect the impartiality or the judgment of those who are entrusted with the administration of publick affairs? Is he, when the law is not strictly observed in regard to him, to think himself aggrieved, to tell his sentiments in print, assert his claim to better usage, and fly for redress to another tribunal? ”

“ We are obliged, therefore, to resort to historical evidence, and to seek the meaning of the words in the use and in the opinion of those whose relations to the government, and means of knowledge, warranted them in speaking with authority. ”

“ The most they can do is to bring to the discharge of their duties a careful and diligent consideration of the particular case, a knowledge and experience of the general condition and business affairs of mankind, to which all are more or less subject, a sound and enlightened judgment, and honest desire to arrive at truth and justice between the parties. ”

“ But this qualification, my lords, the bill now before us manifestly takes away; for every man who shall appear against the person into whose conduct the commons are inquiring, evidently promotes, in the highest degree, his own interest by his evidence, as he may preclude all examination of his own behaviour, and secure the possession of that wealth which he has accumulated by fraud and oppression, or, perhaps, preserve that life which the justice of the nation might take away. ”

“ If a judge, let him administer justice with equity and from a conscientious principle; if a physician, a lawyer, a soldier, a merchant, or an artisan, let him with all diligence do the works that his hands find to do, not merely for gain, but because it is his duty to serve the public good in that calling by which he can most efficiently do it. ”

“ If the evidence in the aggregate shows the being of a moral Governor of the world, with the same force as would suffice to establish an obligation to act in a matter of common conduct, we are bound in duty to accept it, and have no right to demand as a condition previous that all occasions of doubt or question be removed out of the way. Our demands for evidence must be limited by the general reason of the case. ”

“ But there is a correlative duty resting upon the citizen. In his intercourse with those in authority, whether executive or legislative, touching the performance of their functions, he is bound to exhibit truth, frankness, and integrity. ”

“ In the conflicts of power and opinion, inseparable from our very peculiar relations, cases may occur, in which the maintenance of principle, and the administration of justice according to its innate and inseparable attributes, may require a different course ”

“ The advocates of society, like the people's advocates, are disciplined in the practice of truth and justice, and if they think that there is anything in the case in favour of the appellant they are honourably bound to state it to the tribunal. ”

“ It is a power which must be exercised fairly, to the end that he may consider all evidence relevant to the determination which he is required to make, that he may arrive justly at his conclusion, and preserve such record of his action that it may be known that he has performed the duty which the law commands. ”

“ So, also, for opinions of parties possessing special learning or knowledge upon the subjects in respect to which their opinions are given, as of a mechanic upon the working of a machine he has seen in use, or of a lawyer upon the title of property which he has examined. Opinions upon such matters are capable of approximating to the truth, and for a false statement of them, where deception is designed, and injury has followed from reliance on them, an action may lie. ”

“ It is a most monstrous practice, which lawyers are bound by the true spirit of their oath of office, and by a comprehensive view of their duty to the Constitution and laws, which they bear so large a part as well in making as administering, to discountenance and prevent. ”

“ In all civilized nations, at all times, up to the present period, we have testimony of unequivocal authority, giving minute details of extraordinary facts, on the evidence of individuals of unimpeachable integrity, which confound experience, elude investigation, and baffle research. ”

“ While they cannot act in any case upon particular facts material to its disposition resting in their private knowledge, but should be governed by the evidence adduced, they may-and, to act intelligently, they must-judge of the weight of the force of that evidence by their own general knowledge of the subject of inquiry. ”

“ The careful man of affairs, the upright judge, the honest maker of honest laws must needs present an account for maintenance and for that expenditure which shall give offence neither to generosity nor to justice ”

“ This seems hardly justifiable in policy. The moral starting point of liability in general should never be forgotten, and the law cannot without disregarding it hold a man answerable for statements based on facts which would have convinced a wise and prudent man of their truth. The public advantage and necessity of freedom in imparting information, which privileges even the slander of a third person, ought a fortiori, it seems to me, to privilege statements made at the request of the party who complains of them. ”

“ By authority I do not mean the delivery of dogmatic decisions, analogous to those issued by a legal tribunal from which there is no appeal, that have to be accepted and obeyed, but the existence of a body of opinion of long standing, arrived at after due investigation and experience during many generations, and reposing on fixed principles or fundamentals of thought. ”

“ But these men, instead of endeavouring to promote justice and discover truth, have exerted their wits in the defence of bad causes, by forgeries of facts, and fallacies of argument.
"To remedy this evil, the king has ordered an inquiry into the qualifications of the advocate. All those who practise without a regular admission, or who can be convicted of disingenuous practice, are discarded. And the judges are commanded to examine which of the causes now depending have been protracted by the crimes and ignorance of the advocates, and to dismiss those who shall appear culpable. ”

“ So that if we ask whether some particular claim or interest can and will be established or protected, the real answer in a large number of border-line cases is, “Nobody knows.” Justice, who carries in her hand a balance whereby to weigh the evidence fairly, has also her eyes blindfolded against seeing what manner of weights are put into either pan. ”

“ Whatever doubts they have entertained as to the matter, the practical business of government and administration of the law is obliged to proceed on more or less rough and ready judgments based on the assumption that mature and rational persons are in control of their own conduct. ”

“ In fact, principles of this sort resemble those forms which are sold by law-stationers, with blanks for the names of parties, and for the special circumstances of every case—mere customary headings and conclusions, which are equally at the command of the most honest and of the most unrighteous claimant. It is on the filling up that everything depends. ”

“ Both the auditor and the attorney-general were doubtless honest in their beliefs and should not bear the blame, but such a system-the result of the spirit of law schools which teach that lawyers and judges are the only.protectors of our liberties in all matters-is certainly at fault. ”

“ It is a maxim among these lawyers that whatever has been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice, and the general reason of mankind. ”

“ This consideration counsels lenity as to persons, such as is demanded by the humane and enlightened spirit of our times, and vigor and firmness in the carrying out of principles, such as is demanded by the national sense of justice and the exigencies of our situation. ”

“ There remains many arguments to be published against 269the obsolete notion of justice; many jests to be passed upon those who still talk of probity in the old fashioned stile; many fresh proofs to demonstrate, that national, private, and especially personal interest, should be the sole rule of conduct. ”

“ The strict rules of evidence need not be observed in the inquiry, the magistrate being empowered to investigate and determine the matter by such means and in such manner as in equity and good conscience he thinks fit. ”

“ No longer, now that we have acquired that understanding, can we make the great mistake of believing that the public leaders or lawyers of this generation are qualified to teach us anything about that protection. ”

“ Those rules, it is well known, exclude much information which would be quite sufficient to determine the conduct of any reasonable man, in the most important transactions of private life. These rules, at every assizes, save scores of culprits whom judges, jury, and spectators, firmly believe to be guilty. ”

“ But as it is the worst of offences to suggest the existence of that which is pronounced impossible or unscientific, the supreme authority can always, in virtue of the enormity of the guilt, insist on undertaking himself the executive investigation of all such cases ”

“ The second way is that by which we continually judge all real evidence upon matters that are of importance to us in our ordinary lives: the way in which we invest money, defend our reputation, and judge of personal risk or personal advantage in every grave case. ”

“ But if those causes that turn upon the civil law are none of your little ones, but often of the utmost importance, what a front must a man have to pretend to be counsel in those causes, without the smallest knowledge of the law? ”

“ Counter-petitions, attorneys, counsel, and a trial, a standing and a day in court to all parties in interest before the bill can become a law, prevent wrong to individuals; counsel for the ministry for the public bills, and special counsel for the private bills, committees to aid them in the intelligent discharge of their work, prevent the possibility of working, by collusion, a public wrong. ”