Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
This belief that a law ceases to have obligation when it becomes
inexpedient to obey it, extends far beyond the recently arrived
elements in our population. For instance, a wealthy man with several
American generations behind him, who was serving on the jury in an
accident case, stood up on a chair as soon as the jury got into the
consultation-room and urged them to disregard everything which the
judge had instructed them about the inability of the plaintiff to
recover if he, as well as the defendant, was negligent. “This doctrine
of contributory negligence,” said this educated juryman, “is not the
law of France or Germany or any country on the Continent of Europe. A
number of eminent writers agree that it is a thoroughly bad law. Let’s
have nothing to do with it.” Needless to say, the plaintiff recovered.
This conception of a higher law than that on the books may owe
something to the Abolitionists’ belief that they were not bound by the
laws protecting the inhuman institution of slavery. Many conscientious
persons still hold that a man ought not to be punished for disobeying
a law which he believes to be morally wrong. Fortunately, a corrective
to this dangerous doctrine of the inner legal light is found in the
words of a leading Abolitionist, Judge Ebenezer Rockwood Hoar, in
charging the Grand Jury on riotous resistance to the fugitive slave
law, although he himself regarded it as vicious legislation:
“A man whose private conscience leads him to disobey a law recognized
by the community must take the consequences of that disobedience. It
is a matter solely between him and his Maker. He should take good care
that he is not mistaken, that his private opinion does not result from
passion or prejudice, but, if he believes it to be his duty to disobey,
he must be prepared to abide by the result; and the laws as they are
enacted and settled by the constituted authorities to be constitutional
and valid, must be enforced, although it may be to his grievous harm.
It will not do for the public authorities to recognize his private
opinion as a justification of his acts.”
Public-domain text, read in full here on John Shaqi.
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