Autobiography of Seventy Years, Vol. 1-2Hoar, George Frisbie
History
Autobiography of Seventy Years, Vol. 1-2
Hoar, George Frisbie
United States -- History -- 1865-1921; United States -- Politics and government -- 1865-1900
The defeat of the Constitution was aided, however, undoubtedly
by a very just and righteous proposal which was submitted
to a separate vote of the people, but which had its effect
on the feeling in regard to the whole scheme, to prohibit
the use of any money raised by taxation for sectarian schools.
To this the Catholic clergy were opposed, and the Catholic
vote, not however then very important in Massachusetts, was
cast against the whole scheme.
But the Whigs did not entirely get over the feeling that
something must be done to propitiate the desire for change.
Accordingly they, through the Legislature, submitted to the
people propositions for the election by the people of the
counties of Sheriffs and District Attorneys who before that
time had been appointed by the Governor. These proposals
were ratified by the people and became part of the Constitution.
I have always thought the change a bad one. I think the Governor
likely to make quite as good if not a better choice of Sheriffs
and District Attorneys than the people. But the objection
to the new system is this. So long as the State makes the
laws, the State, whether acting by a popular vote or through
its executive, should have the power to enforce them and select
the instrumentalities for that purpose. Now if the particular
law which the State enacts be unpopular in a particular county,
and the people be determined to defeat it, no Sheriff or District
Attorney can be elected who will enforce it. That has been
shown in the case of the legislation to prohibit or regulate
the sale of intoxicating liquors in Suffolk County. Those
laws have been always unpopular and since the change in the
mode of appointment of District Attorneys and Sheriffs have
not been enforced until they were modified to meet the popular
objections. This difficulty applies also to the enforcing
of laws for the employment of children in factories. The
Legislature undertook to meet this difficulty by creating
officials, called State Constables, to be appointed by the
Governor and to enforce the liquor laws and the laws regulating
child labor. But that did not wholly cure the evil. The
officials appointed solely to enforce a law against which
there are strong objections in any quarter are always themselves
unpopular. The Sheriffs have been from the beginning officials
of great dignity, commanding popular respect and confidence.
So if it were difficult to enforce the law the character of
the Sheriff was a great force on its side. But in the case
of these particular laws persons of less dignity and authority,
often quite obscure when they are appointed, whose whole duty
is odious to the persons to be affected by it, instead of
giving dignity to the law tend to make it unpopular by their
attempts to enforce it. Indeed in my opinion the Massachusetts
Constitution of 1780 was as nearly a perfect system of government
as was ever devised. Some changes in it were made necessary
by the separation of Maine.
Public-domain text, read in full here on John Shaqi.
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