History of the Great American Fortunes, Vol. I: Conditions in Settlement and Colonial TimesMyers, Gustavus
History
History of the Great American Fortunes, Vol. I: Conditions in Settlement and Colonial Times
Myers, Gustavus
United States -- Economic conditions; Wealth -- United States
The prevailing system, as was pointed out even by the conventional and
futile reports of legislative committees, was one inevitably calculated
to fill the country with beggars, vagrants and criminals. This important
fact was recognized, although in a remote way, by De Beaumont and De
Tocqueville who, however, had no fundamental understanding of the deep
causes, nor even of the meaning of the facts which they so accurately
gathered. In their elaborate work on the penitentiary system in the
United States, published in 1833, they set forth that it was their
conclusion that in the four States, New York, Massachusetts, Connecticut
and Pennsylvania, the prison system of which they had fully
investigated, almost all of those convicted for crimes from 1800 to 1830
were convicted for offenses against property. In these four States,
collectively, with a population amounting to one-third of that of the
Union, not less than 91.29 out of every 100 convictions were for crimes
against property, while only 8.66 of every 100 were for crimes against
persons, and 4.05 of every 100 were for crimes against morals. In New
York State singly, 93.56 of every 100 convictions were for crimes
against property and 6.26 for crimes against persons.[129]
PROPERTY AND CRIME.
Thus we see from these figures filled with such tragic eloquence, the
economic impulse working at bottom, and the property system corrupting
every form of society. But here a vast difference is to be noted. Just
as in England the aristocracy for centuries had made the laws and had
enforced the doctrine that it was they who should wield the police power
of the State, so in the United States, to which the English system of
jurisprudence had been transplanted, the propertied interests,
constituting the aristocracy, made and executed the laws. De Beaumont
and De Tocqueville passingly observed that while the magistrates in the
United States were plebeian, yet they followed out the old English
system; in other words, they enforced laws which were made for, and by,
the American aristocracy, the trading classes.
The views, aims and interests of these classes were so thoroughly
intrenched in law that the fact did not escape the keen notice of these
foreign investigators. "The Americans, descendants of the English," they
wrote, "have provided in every respect for the rich and hardly at all
for the poor.... In the same country where the complainant is put in
prison, the thief remains at liberty, if he can find bail. Murder is the
only crime whose authors are not protected[130].... The mass of lawyers
see in this nothing contrary to their ideas of justice and injustice,
nor even to their democratic institutions."[131]
THE SYSTEM--HOW IT WORKED.
Public-domain text, read in full here on John Shaqi.
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