The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1874-11-03
Public Opinion.

Public Opinion.
Talleyrand once remarked that he
knew lone who is wiser than Voltaire
and had more understanding than Ma
poleon himself and all ministers who
ever were or will be, and that is public
opinion" If that sentiment could OBJ
tain under Il monarchical form of gov
eminent, 1t Is not strange that we do
homage to this sovereign power in
countries ruled by the people them
selves. Whether we give our personal
assent or not whether we acknowl-
edge ourselves subservient TO public
opinion or beast of our independence
from the trammels of prevailing senti-
ment, we must, at least, admit its
power over everybody else. Public
sentiment Is the power behind the
throne, in public and private action,
In church and state; if not in whole, at
least, in part It makes laws, inter-
prets laws, abrogates laws, extends
their jurisdiction and makes them
effective or inefficient for the accom-
plishment of the purposes Of their en-
actment 1t restraints the magistrate
from doing the things legally permit
ted, and gives him full license to do
thousand things unauthorized by law.
1t sometimes renders innocent what
would otherwise he obnoxious, and vice
versa.
Whether this tyranny of public opin-
ion is just or unjust, oppressive or in
the Interest of real freedom, injurious
to the hest interests of society or elevat-
ing and ennoblng in its influence,
there is no denying the fact. We can
not ignore its power or its reality. As
the stoutest walker walks with but
poor success when up to the hips in a
bag so the very personiflcation Of in
dependence founders and becomes un-
stable without firm public ground. If
we need illustration let US call to mind
some of the manifestations Of weakness
in this regard, which we may have oh.
served in the enforcement of the pro-
hlbitory liquor law.
We sometimes imagine that men of
moral character whose convictions are
positive upon the subject of moral re-
form, should have stamina enough to
enable them to disregard the vacillating
opinions of the populace that they
should push on the work, unaided if
need be, through the legal agencies as
well AS the agency usually denominatcd
moral suasion." But do we recognize
the power of that despot, public opin-
ion: Are we not asking of him NOR
al, if not a physical impossiblity He
certainly is moral hero who can en-
durc with equanimity, the odium of Oft
repeated failure 10 enforce the provis-
ions of All obnoxious law. 1t costs
something, and that something more
than money. And most discouraging
of all, If he l. n real hero, he comes to
recognize the fact that the only COLI
dition of success in his undertaking
which is lacking, is the very want of a
healthful public sentiment.
If we consider what public opinion
consists of, how it is formed and the
extent Of its power, we need not feel
degraded that we are unable to resist
1t. Lieber says it Is 1.-The aggregate
opinion of the members of the state, as
IL has been formed by practical life"
1t Is formed as the opinion of any So
clety Is formed which must consist of
leaders, well informed men, men less
gifted and less infor ned, and the ac-
quiescing ones. The leaders may lead
absolutely, or only in the expression of
the general sense. Gifts power we have
before spoken. Its utterance when
clear and distinct can hardly fail to be
effective In any condition of society and
under any government. But its voice,
In Republican government, is identi-
cal with the voice of the law-making
power, and must be needed.
Laws and customs generally obtain
force and currency before they find ex-
preston in written law. In like man
ner the written law remains upon the
statute book long after ii has been vir-
tually repealed. As for instance, pub
lie opinion, in the 18th century, af-
hrmed that there were witches and de-
manded that they should be killed.
And the power of this tyrant was so
great that judges were forced to allow
the prosecution, conviction and execu-
ton of inoffenslve men and women on
the charge of being guilty of witchcraft
And this was often done with specific
law and without the acquiescence OF
the judgment of the Judges who sat in
the trials, OF course this opinion was
wrong, but sovereign nevertheless. Sc
our statute law against profane swear
Ing IL Il dead letter and has been fol
years, repealed by public sentiment and
that only. So the South Carolinians
have upon their statute books the Ian.
guage of law requiring their citizens
TO go armed TO church but no lawyer
would now claim that any violation o
that statuary provision could he pun
ished by the infection of penalty. L
has ceased to be law by the repeal of al
irresistible public sentiment. In til,
Vermont courts where they do not pro
fess to practice by the code, as in New
York, the lawyers will hardly admit