Tendencies That Might Well Be Corrected
One conclusion to be drawn from
the assassination of President McKinley is the fact that no government,
no matter to what stage of development it has arrived, no matter
how free and democratic it may be, can exist without the restraining
influences of law. In establishing a system of government for the
general good each individual agrees to surrender a part of his individual
license or personal liberty for the public weal. In law every man’s
personal liberty must cease so soon as it begins to interfere with
the personal liberty of some other person. If individuals or aggregations
of individuals transgress this law they must be tried by some duly
agreed upon authority and if found guilty must be punished.
Since there must of necessity be something
of a spirit of sacrifice of self-interest in a community before
any sort of law is possible, and since just laws are the basis upon
which every form of government is founded, it becomes primarily
important that laws should be just and equitable,—insuring equal
rights to every man,—that they should receive the sanction of a
majority of those governed, and that the respect and veneration
for law of all fairminded men should be so well grounded that they
will be the active supporters of the officials chosen and appointed
to execute it.
Since law is the very foundation of
civilized government, and since only due respect for law can ensure
its enforcement, it becomes apparent that any law which is not just
and equitable, any law which for any reason fails of enforcement,
any legal process which unnecessarily delays the course of justice
must surely tend to bring that disrespect upon law which will finally
rob it of its majesty and power.
It would seem to be impossible in
a christian age, in a country in which the people are the real rulers,
and public officials, be they high or low, few or many, but the
servants of those in power, that a human being could be found, so
lost to all sense of humanity, so arrogant in lawlessness, as to
shoot down the chief representative of law and order, and to shoot
him down while with true democratic courtesy and cordiality he was
engaged in the kindly ceremony of greeting and joining hands with
his fellow citizens. While it is undoubtedly true that this appaling
[sic] crime would have been committed by this misguided degenerate
even if none of the regrettable things hereinafter mentioned had
occurred, yet it must be confessed that a spirit of lawlessness
often sweeps over sections of our own country, and that, under the
sting of great provoca- [387][388]
tion, lawless acts are not by any means unknown among us. Anarchy
is a state of no law—a condition in which every man claims to be
a law unto himself, and in which he attempts to right his real or
imagined grievances by taking the law into his own hands. It would
seem that the American Republic would be the last place in which
such sentiments would find a congenial soil in which to flourish
and gain an increase, and yet in looking back upon the record of
only the recent past we can catch a glimpse of facts tending to
show that consciously or unconsciously, intentionally or unintentionally,
we ourselves have not been above the taint of lawlessness and that
this contempt and disrespect for law may well have served to teach
ignorant immigrants, fresh from the hotbeds of anarchy and nihilism
of Europe, that this country was so free that every man might with
impunity be his own judge, jury, and executioner.
Looking back, seeing but dimly, we
can yet trace the steps of the devious way by which it has perhaps
become possible for this culminating calamity of lawlessness to
come upon us. Whatever may be the guilt and depravity of those aliens
who were the active agents in this great calamity, we ourselves
cannot wholly shake off our responsibility in this catastrophy [sic].
If we can find no excuse for this crime when committed by those
nurtured in ignorance and depravity, what excuse can be found for
educated, enlightened, christian men and women, who have always
enjoyed and must appreciate the benefits of a free government, when
we find them at times of great provocation prone to take the law
into their own hands and to uphold and find excuses for gross forms
of lawlessness. May not the citizens of the United States have sometimes
set a very bad example to the ignorant, superstitious, fanatical
immigrants who of late years have flocked to our shores?
We have but to go back a few days
to be able to cite many cases of most flagrant lawlessness. Almost
every week, in free, law abiding America, negroes are lynched, some
citizen is shot down because somebody has a grudge against him,
and lives and property are endangered by the lawless acts of disappointed
strikers. Neither can these offenses against law and society be
laid at the doors of those who through ignorance know no better
or through depravity do no better, for some of our best citizens
are instigators or apologists for suchlike anarchistic acts.
We have but to read the newspapers
of the week following the great crime to learn of men swayed by
passion and excitement—men who ought to and do know better, men
high in official positions and men whom we look to as guides—who
have advocated a lawless course of revenge, but little better than
that which is characteristic of anarchy itself. Under the recent
great provocation, statesmen, lawyers, ministers of the gospel and
good citizens have been heard advising methods of procedure against
anarchists which would be a disgrace to savages and barbarians.
These mourners of the President have all meant well but their remedy
for the lawlessness which prevails in anarchy was little less lawless
than the acts of the great criminals whom they condemned. An eye
for an eye and a tooth for a tooth may have been good doctrine in
the times and conditions of the Old Testament, but two wrongs can
never make a right, and surely we ought to have made some progress
in civilization and in decency, if not in religion, during the past
three thousand years.
Another fundamental principle in upholding
the majesty of the law, is that law should command respect, and
anything which tends to undermine this respect for law must work
to the detriment of society. Looking back we can catch a glimpse
of many things, which we have come to regard as every day occurrences,
but which must have had a powerful influence in bringing the law
into disrespect. Some of these have been more pernicious than others
but all have had a part in this regrettable tendency. Itching for
notoriety, or influenced by the illurements [sic] of bribes,
legislators have passed many foolish laws, and this nation of ours
is not by any means a nation of fools or one likely to accord respect
for fool-legislation. The law has also been brought into disrespect
through the nonenforcement of laws already passed, for nobody can
find any respect for law so long as statutes are left unenforced.
An unenforced law is a powerful agent for bringing law into contempt,
but when the officials, sworn to carry out the laws, are found aiding
and abetting, for a money consideration, those who are violating
the laws, what word can be found vigorous enough to express our
loathing and abhorrence of such debauchery, and how can the law
itself fail of acquiring part of the odium attached to such treachery?
The constitutional changes recently made in some of the southern
states for the purpose of disinfranchising [sic] the negroes
are a perversion of the equality and justice of law. They are an
insult to every honest, fair minded man and but serve to bring the
law into disrespect and disrepute. “Yellow” [388][389]
journalism exaggerating, twisting, and falsifying reports of events,
having no respect for any man’s private affairs, even villifying
[sic] character and destroying reputation,—if thereby selfish
aims can be realized—has done much to belittle the dignity of the
President and other executive officers. We should protect our President
with at least that minimum of the divinity which doth hedge about
a King so that he will never be held up to ridicule and contempt
either in cartoons or editorials. Cartoons and editorials reflecting
upon the character and reputation of candidates taking part in a
hot political campaign may be tolerated, but after the chief executive
has been elected and inaugurated, he has become the highest exponent
of law and government, and even yellow journals should hold the
office if not the man in veneration and respect.
The sickly sentimentality lavished
by hysterical, gushing, notoriety seeking women upon perverts and
criminals—attempts to raise murderers, dynamiters, and bomb throwers
to the pedestal of martyrs and heroes,—is a custom likely to exert
a pernicious influence by placing a sanction upon lawlessness and
riotousness.
No one who reads this article in the
spirit of its intent will find in it any attempt to mitigate the
crime of the murderer Czolgosz. Neither is it intended to offer
any solution of the problem of what shall and must be done to curb
the spirit of lawlessness of which the anarchists are the most debased
and contemptible types. But the main object in this writing is to
show forth that we should approach this whole subject somewhat in
a spirit of humility because we ourselves—the American people—are
not entirely above reproach, and we need to purge ourselves somewhat
of the spirit of lawlessless [sic]—which under great provocation
is liable to become rampant among citizens boasting of twentieth
century civilization—before we can expect anything nobler or better
of ignorant immigrants in whom anarchy, bad as it is, is in part
an hereditary manifestation of the ills endured by their ancestors
for several generations.
Judging from what we know, and from
what we see and learn every day, does it not seem as if we could
be convicted of unintentionally maintaining, right in our own midst,
a school in which the ignorant and perverted might be taught the
fundamental principles of anarchy?
In regard to this matter of upholding
the majesty of the law we have been guilty of both sins of omission
and of commission. And, indirectly, and, at least partly as a result
of this lawless spirit and these lawless tendencies, a terrible
crime has been committed, one of God’s noblemen has perished by
the assassin’s bullet, and a creature, having the appearance of
a man, and made in the image of the Almighty, has been found so
mean, low, and contemptible, as to abuse all the privileges of friendship
and of hospitality in order to commit a felony. Are we ourselves
entirely guiltless of being particeps criminis in this matter? For
so long as we know that some American citizens have been direct
active agents in taking the law into their own hands, and many more
have been found to be silent partners and apologists for such lawlessness,
while each and every one of us has sat calmly by and in our apathy
and indifference have made little attempt to wipe out this great
blot upon law and society, how can we, when Justice lifts aloft
her even scales, hope to escape entirely this great condemnation.
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