But this is not the case. The law sometimes takes its own part.
Sometimes it accomplishes it with its own hands, in order to save the
parties benefited the shame, the danger, and the scruple. Sometimes it
places all this ceremony of magistracy, police, gendarmerie, and
prisons, at the service of the plunderer, and treats the plundered
party, when he defends himself, as the criminal. In a word, there is a
_legal plunder_, and it is, no doubt, this which is meant by M.
Montalembert.
This plunder may be only an exceptional blemish in the legislation of a
people, and in this case, the best thing that can be done is, without so
many speeches and lamentations, to do away with it as soon as possible,
notwithstanding the clamours of interested parties. But how is it to be
distinguished? Very easily. See whether the law takes from some persons
that which belongs to them, to give to others what does not belong to
them. See whether the law performs, for the profit of one citizen, and,
to the injury of others, an act which this citizen cannot perform
without committing a crime. Abolish this law without delay; it is not
merely an iniquity--it is a fertile source of iniquities, for it invites
reprisals; and if you do not take care, the exceptional case will
extend, multiply, and become systematic. No doubt the party benefited
will exclaim loudly; he will assert his _acquired rights_.
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