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Writing: The Causes of Emigration

The Causes of Emigration, § 21

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§ 21

Swedish citizens as a whole suffer, second, from constraint in lawsuits. The administration of justice in a society is a matter of the greatest importance. Every subject, as long as he fulfils his obligations, is entitled to benefit from it; all are indeed in need of it, or else they will be oppressed by each other. That is the reason why they have sworn obeisance to a society, pay tax and obey orders.

When justice is upheld, virtue is rewarded, excess is controlled, injustice is curbed, arrogance is chastised, innocence is protected and the vices are punished without mercy and regard to persons, but above all those who disturb that peace which the King has sworn to his subjects to uphold. If the opposite is the case, then constraints are present in the judicial system, which cause discontent and complaints and also have an effect on emigration.

On this occasion I will refrain from examining whether such things arise from faults in our legislation, from limited accountability on the part of our officials, from their complicity with the legislative authority, from feeble supervision or from a decline in our morals, but if any constraints in our judicial system really do exist among us, then regardless of how they have arisen, their effects are certainly relevant here.

I do not wish to refer to the general grievances and discontents of the common people, although they constitute strong evidence. I do not have the space to include the numerous grievances from town and country that are submitted daily with regard to injustices suffered. I will merely touch upon three events of which the truth has already become so apparent to the Sovereign Power that no one can deny it and it is on record for posterity.

An upright citizen of rank, to which no regard should, however, be paid, as everyone in society has the same rights, was by order of an officer with a few privates seized at night in his bed, his papers taken from him and he, untried and unconvicted, fettered, thrown into a dungeon and darkness for a year and a half, in cold and wretched conditions, separated from his wife and children, without being allowed to prove his innocence or be informed of the identity of his accuser. I shudder to speak of this. He lost his health there, and when his case was finally examined, he was found to be without the slightest stain. The Estates themselves declared him innocent and wronged, but his persecutors were completely forgotten. For him in his misery it was enough that his innocence was made clear, but the breach of the peace is in no way redeemed thereby, nor the security of the general public restored. Such things cry out for vengeance. Let us not forget them; our children will in any case disinter them and present them to posterity, to the shame of our epoch.

A drawn-out property dispute is dealt with by Mr Nordencrantz1 and his critic, in which a purchaser was exhausted at every level by a 20-year-long process and was finally forced to accept a compromise settlement, with the loss of 300,000 daler, in order to save the remainder of his property from the same fate. The case has been so carefully analysed with all its circumstances, though without naming individuals, that it does not need to be recounted here.

In order to save time, the third event may be represented by the protracted lawsuit mentioned above in § 16 between some farmers paying land tax and some owners of metalworks, in which wrongs suffered over many years, the loss of several thousand daler, an expensive lawsuit and judgments clearly contrary to law by both higher and lower courts are rectified, with the repayment of the 60 daler smt that they had been wrongly judged liable to pay.

Tell me how many persons of rank there are who are able to conduct their case to a definitive conclusion with such honesty, disregard of expense and unflagging patience? Not one in a hundred. How can it then be expected from one in a thousand of the country people? Most are bound to succumb before then, which may indeed often be just as well. Can one demand that such wretches should love their fatherland? My heart bleeds. But let us hasten from these lamentable scenes to something different.


  1. Anders Nordencrantz (1697–1772) was an economic and political writer and one of Chydenius’s most important intellectual and political influences.

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