Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Another reason for American hostility to law was found at the frontier.
The pioneer, imbued with the conviction that he was entitled to the
land which he had cleared, ploughed and sown, often thrown by crop
failures into debt to the tradesmen in the town, resented law as
something which was forced upon him by people who led easy lives, who
took his land away for some technical defect of title, foreclosed
mortgages, compelled him to pay for goods of high prices and low
quality, suppressed hereditary feuds, and substituted a mass of book
learning which he was too ignorant or too busy to read, for the simple
principles of fair play which seemed sufficient to him. Habitual
obedience to law was a spirit which could not develop in men who were
largely squatters, and who, from the outset of our national history,
disregarded the Congressional statutes which required that public
lands must be surveyed before they were settled. Sometimes, as in this
instance, the settler’s resistance to law was successful. More often
they were overpowered by the strength of civilization and submitted to
the law sullen and unconvinced.
The old frontier is gone, a new frontier has arisen. The meeting
place of unfriendly races has moved Eastward from the Missouri to
the Merrimac. The pioneers of to-day came often from autocratic
lands where law was something imposed on them from above, and they
were slow to regard our law as different in kind. It was not a part
of themselves. Moreover, they did not find in America the energetic
police organization which had compelled their obedience in Europe.
The men who framed our system of laws were taught by Puritanism that
duties declared by those lawfully in authority should be voluntarily
performed. A statute once on the books got much vitality from this
spirit and from the social pressure of the homogeneous settled
communities, whatever the difficulties of enforcement at the frontier.
These forces behind law became weaker when the population was split
into numerous and diverse races by the great tide of immigration.
Obedience to law, never automatic among us, now became liable to cease
altogether whenever a person thought the law unreasonable or felt
fairly certain that he would not be found out.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account