Publication information |
Source: Commoner Source type: newspaper Document type: editorial Document title: “Law” Author(s): anonymous City of publication: Lincoln, Nebraska Date of publication: 11 October 1901 Volume number: 1 Issue number: 38 Pagination: 1 |
Citation |
“Law.” Commoner 11 Oct. 1901 v1n38: p. 1. |
Transcription |
full text |
Keywords |
law; anarchism (personal response); anarchists (Chicago, IL); anarchists (Chicago, IL: incarceration); McKinley assassination (personal response); McKinley assassination (government response); Leon Czolgosz (trial: personal response). |
Named persons |
Leon Czolgosz; Emma Goldman; Samuel Johnson; Loran L. Lewis; Robert C. Titus. |
Document |
Law
When God said, “Let there be light,” there was
light; and that was law. The sun, moon and stars operate according to a law
fixed by the Creator of all things. The human body operates on the lines of
perfect law and when this law is violated a penalty must be paid. Many men have
doubted and disputed the existence of a God, but they have been made to realize
that in spite of their disputations and their doubts there are natural laws
which can not be violated with impunity. So society must have laws and these
laws will exist and be enforced in spite of the protests of those who oppose
all law and all government. Those who do not understand the law, and even those
who dispute the authority of the law, are willing to take advantage of the law
wheneven [sic] they need protection. When Emma Goldman and her fellow anarchists
were placed under arrest they were quick to call for a lawyer and ready to avail
themselves of the guarantees of the government, although in doing so they invoked
the aid of the government which they had denounced.
While it was law that forbade the anarchists to
do evil, it was likewise law that threw about them the safeguards essential
to individual liberty. It was law that enabled these people, even in the moment
when public passion was stirred to its depths, to escape swift and summary punishment—a
punishment which in the absence of proof would have been injustice.
Dr. Johnson said:” [sic] Law is the last result
of human wisdom acting upon human experience for the benefit of the public.”
No one has contended that law is perfect; the steady trend of the good men of
the world has been, and is, to make upon the law such improvements as are suggested
by experience. History is filled with the achievements of men who have organized
opposition to governments then existing; but honor is accorded only to those
who, while protesting against one form of government or one administration of
government, proposed to substitute in its place, not anarchy, but another form
of government or another administration complete in its order and in their opinion
more likely to be advantageous to the people.
Even our own Declaration of Independence, after
stating the ends of government, said “whenever any form of government becomes
destructive of these ends, it is the right of the people to alter or to abolish
it, and to substitute a new government, laying its foundations on such principles,
and organizing its powers in such form, as to them shall seem most likely to
effect their safety and happiness.” This clear right was recognized, not that
it would give to anyone within the confines of civilization the privilege of
rejecting all law and combatting [sic] all order, but rather that when one form
of law or government became destructive of the ends of government, the people,
acting through the majority, might change the form of the law, not by the destruction
of government but by the substitution of more wholesome laws, better order and
a more perfect government.
Society will be benefited if the attention of
all is fixed upon the manner in which every safeguard was thrown about the president’s
assassin. When he fired upon the president, that was anarchy; when the crowd,
excited by the assault upon the chief majestrate [sic] and justly indignant,
sought to destroy the assassin’s life, that was anarchy; but when the wounded
president said, “Let no one hurt him,” that was law. It is not difficult to
understand why the impulse of the crowd at Buffalo was to destroy the assassin,
yet had his life been taken an injury would have been done to the cause of good
government. It was in recognition of this fact that the authorities took every
care to save him from violence, and in all the history of the world the cause
of good government was never more completely vindicated or the authority of
the law better illustrated than in the trial accorded the president’s murderer.
The Bar Association of Buffalo realized that this
was to be a supreme test of the wisdom and justice of law, and therefore the
association asked for the appointment of two of the most eminent lawyers of
the community, Judge Titus and Judge Lewis as attorneys for the prisoner. Although
the task was a thoroughly distasteful one, the responsibility imposed by the
court was accepted by the lawyers and within one week after the president was
laid to rest, in spite of excitement and passions, the assassin went to trial
surrounded by the protection accorded to every individual under the law. While
it is law that requires the life of the president’s assassin now that his guilt
has been judicially established, it is likewise the law that prevents the conviction
of an innocent or irresponsible men [sic]. Not only did the court inquire into
his act in firing the shot, but it caused an examination to be made by the most
eminent physicians to determine whether the prisoner at the bar was sane and,
therefore, responsible for the deed.
This display of justice, this zealous care for
the rights of the prisoner demonstrates the rectitude of the government and
the regard for the wisdom of the very rules which Czolgosz and his colleagues
dispute and despise.
It is said that the anarchists who have been defying
the authority of society and government also deny the existence of a God. The
necessity for government is recognized in Hol y [sic] Writ and the constant
effort of statesmen who have had at heart the well-being of society has been
to make human laws conform as nearly as possible to the laws of nature and of
nature’s God. The laws of men have been imperfect, and to the end of time the
laws of men will lack perfection, but the remedy is not in the destruction of
all law but in the remodeling and reforming of existing laws in accordance with
the lessons of human experience. Law is all pervasive and its authority includes
man, the climax of creation, as well as the smallest atom.
If the fear of God is the beginning of wisdom,
the recognition of authority and obedience to law come next in the pathway of
progress. As centuries pass the human law should more nearly approach toward
the perfection of that divine law whose infinite scope the poet describes when
he says:
“That very law which molds a tear
And bids it trickle from its source—
That law preserves the earth a sphere
And guides the planets in their course.”