Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1909-07-13
Views OF A Great Thinker

IILWO vi II dnLHI lllINnLIl
Hon. James G. Carter, for many years
the recognized leader of the American
Bar, prepared series of lectures to be
delivered at Harvard University on
''The Law; Its Origin, Growth and
Functions. His sudden death pre-
vented their delivery. In his discus
sion of the functions of legislation, and
particularly of laws affecting personal
liberty and the questions of local option
and Prohibition, he utters these wise
words:
'sThe principal danger lies in the at
tempt often made to convert into crimes
acts regarded by large numbers, per-
haps majority, as innocent-that is,
to practise what is, in fact, tyranny.
We all are ready to agree that tyranny
is very mischievous thing; there is
not right understanding equally gen
eral of what tyranny is. Some think
that tyranny is fault only of despots,
and cannot be committed under a re-
publican form of government; they
think that the maxim that the MAORI
ty must govern justifies the majority
in governing as it pleases, and requires
the minority to acquiesce with cheer
fulness in legislation of any character,
as if what is called seIf-government
were scheme by which different parts
of the community may alternately en-
joy the privilege of tyrannizing over
each other.
PReHIBITORY LAWS.
''The principal evils of legal tyranny
arise from the instrumentality which
it employs, which is always force = +
Take, for instance, the case of laws pro-
hibiting the manufacture or sale of in
toXicating drinks. The evils of drunk
enness are so manifest that great num-
bers of excellent people are impressed
with conviction that some measures
must be taken to suppress them. The
first efforts in this direction were re-
sort to what are called moral methods.
The attempt was made to arouse pub
lie sentiment so strong as to prevent
men from indulgence, and discourage
the sale of the mischievous article; but
the results of such efforts are generally
too slow and gradual to satisfy aroused
and earnest minds. Besides the desire
of doing good, the selfish determination
is formed of carrying out purpose, and
the purpose comes to seem so import
ant that no inquiry is made concerning
the means, except to consider what
will be most effective 1t suits the
judgment of some and the tempers of
others to convert the practices they
deem SO mischievous into crimes, and
they think that if nothing else will
prevent indulgence in them, the fear of
heavy punishment will at least be ef-
fective, and indeed many think that
the force of law is so great that the
mere enactment of aprohibition law will
accomplish the desired end, and all are
inclined to believe that even if the laws
are ineffective for the purpose for which
they were enacted, they will at least do
no harm. But men forget that their
acts, whether in enacting and attempt
ing to enforce written laws, or of what
ever other nature, are subject to the
great law of causality and will draw
after them their inevitable conse-
quences. The law, when enacted, will
not execute itself. 1t requires the ac-
tive interposition of man to put it in
force.
ENFORCEMENT.
"Evidence must be found and prose-
cutions set in motion. AS this is a
task in which good men are commonly
found to be unwillingly, or too indolent,
to voluntarily engage, others must be
sought for who will undertake it. The
spy and informer are hired, but their
testimony is open to much impeach-
ment, and is met by opposing testi-
mony often false and perjured. The
trials become scenes of perjury and
subornation of perjury, and juries find
abundant excuses for rendering verdicts
of acquittal or persisting in disagree
ments, contrary to their oaths. The
whole machinery of enforcement fails,
or, if it succeeds at all, it is in particu-
lar places only, while in others the law
is violated with impunity. Attempts
are made to insure more general and
effective execution of the law by i'm
posing the duty of detection upon the
ordinary policemen, and giving them
summary powers. This enables such
officers to extend indulgence for price,
and makes their places positions of
value which speedily fall into the
hands of those who will not scruple to
sell their indulgences; and bribery and
corruption on vast scale are the re-
suit. The necessity felt by the VIOLA
tors of the law to purchase protection
carries the struggle for the control of
the police establishment into politics
and mischiefs almost endless follow.
An especially pernicious effect is that
society becomes divided between the
friends and the foes Of the repressive
law, and the opposing parties become
animated with hostility which pre-
vents united action for purposes con-
sidered beneficial by both. Perhaps
the worst of all is that the general re-
gard and reverence for law are i'm
paired, consequence the mischief of
which can scarcely be estimated.
eff, at the expense of all these evils,
the reformation sought by the law
were really and fully effected, the ben