The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-18
Tho ProcIivities and Prerogatives OF
Genius.

Tho ProcIivities and Prerogatives OF
Genius.
President ROOSEVELT has always been
noted for his prediction for enforcing
the law according to the letter OF the law.
It has counted for nothing with him that
law had fallen into disuse, that 1t had
lacked enforcement because there was
no popular or other demand that it be en-
forced, or that there was common and
general acquiescence in its desuetude. 1t
was enough for him that 1t was on the
statute books. Being there, 1t must be
enforced.
This self-imposed rule and practice
MIR. ROOSEVELT has made to apply only
to laws the strenuous enforcement OF
which could be depended upon to pro-
duce certain and carefully contemplated
results. He does not, happily, make it
apply to all the laws that remain upon
the books, otherwise we should have him
reintegrating the duoking-stool and
calling for fuel to burn witches.
There are, however, other laws than
those on the statute books. They are
laws that have not been framed by Legis-
latures, and the code contains not even
a reference to them They are the I'M
written laws, and they are believed to
apply for the most part to people whose
lot is cast in the upper strata of the social
structure. But it must be admitted that
a spontaneous and intuitive compliance
with their provisions is far from absent
in all who move in more lowly station.
Upon these laws are founded most Of the
social conventions, the observances and
customs that denote our civilization and
govern the amenities of human inter
course.
There is little conscious reference to
them as laws, they are seldom or never
formally invoked; but general repudia-
ton of them would involve the downfall
ofsociety. Great geniuses exempt them
selves sometimes from the operation OF
the unwritten laws, but not always with
impunity. No one had deeper appre-
citation of these laws than NAPOLEON. He
understood perfectly their bearing upon
the conduct of others; but for himself he
classed them with the laws Of nature
and would have none of either.
When dominant and strenuous per-
sonality, moving in conditions of unre-
hitting physical and spiritual exaltation,
considers itself to have taken on the
attributes of genius, and, with frank and
unaffected pleasure, addresses itself to
securing the license and prerogative
which the world comedies to genius, it is
apt, to use a profane but expressive
phrase, to slop over.
All unwritten law is founded in sensi-
tive consideration for the rights Of others.
1t comprehends the principle Of doing
unto others as you would that others
should do unto you. 1t involves, neces-
sarily, an acute consciousness of the
meaning OF meum ct tuum. 1t includes
the whole code Of humanity, as polished
and refined by good breeding and credit
able usage.
When the chosen and trusted repre-
sentative of a Sovereign State, its ap-
pointed Waterman and guardian, meets
with an accident OF travel and his person
is found to be infested with the gifts OF
the enemies of the State, the corrupting
and dishonoring favors Of baleful cor
porations, grave censure is his lot. 1t
matters not how he may in the past have
assailed those enemies of the State, what
confusion he may have heaped upon
them, what ruin even he may have in
ficted upon those corporations, he Is
attainted. He has upon him the goods
which the unwritten law condemns.
When a man chosen to high station
accepts gifts or takes from those whom
he is set above saoses of value, he imperils
MS cleanliness under the unwritten law.
re may not mean, when he takes the
thing offered, to be swayed thereby in
his official walk. Indeed it is conceivable
that mans code of official morality
may be 80 high that, having sought and
had favors Of corporation, he may
immediately thereafter implacably assail
and seek to destroy that corporation.
Besides, when a man in such station
is OF that nature that he can accept
favors, is he competent to determine
il they have been freely given or if he
has unconsciously extorted them? Does