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
As applied to the business and landowning class, law was notoriously a
flexible, convenient, and highly adaptable function. By either the tacit
permission or connivance of Government, this class was virtually, in
most instances, its own law-regulator. It could consistently, and
without being seriously interfered with, violate such laws as suited its
interests, while calling for the enactment or enforcement of other laws
which favored its designs and enhanced its profits. We see Astor
ruthlessly brushing aside, like so many annoying encumbrances, even
those very laws which were commonly held indispensable to a modicum of
fair treatment of the Indians and to the preservation of human life.
These laws happened to conflict with the amassing of profits; and always
in a civilization ruled by the trading class, laws which do this are
either unceremoniously trampled upon, evaded or repealed.
For all the long-continued violations of law in the West, and for the
horrors which resulted from his exploitation of the Indians, was Astor
ever prosecuted? To repeat, no; nor was he disturbed even by such a
triviality as a formal summons. Yet, to realize the full enormity of
acts for which he was responsible, and the complete measure of immunity
that he enjoyed, it is necessary to recall that at the time the
Government had already begun to assume the role of looking upon the
Indians as its wards, and thus of theoretically extending to them the
shield of its especial protection. If Government allowed a people whom
it pleased to signify as its wards to be debauched, plundered and slain,
what kind of treatment could be expected for the working class as to
which there was not even the fiction of Government concern, not to
mention wardship?
LAW BREAKERS AND LAW MAKERS.
But when it came to laws which, in the remotest degree, could be used or
manipulated to swell profits or to buttress property, Astor and his
class were untiring and vociferous in demanding their strict
enforcement. Successfully ignoring or circumventing laws objectionable
to them, they, at the same time, insisted upon the passage and exact
construction and severe enforcement of laws which were adjusted to their
interests. Law breakers, on the one hand, they were law makers on the
other. They caused to be put in statute, and intensified by judicial
precedent, the most rigorous laws in favor of property rights. They
virtually had the extraordinary power of choosing what laws they should
observe and what they should not. This choice was invariably at the
expense of the working class. Law, that much-sanctified product, was
really law only when applied to the propertyless. It confronted the poor
at every step, was executed with summary promptitude and filled the
prisons with them. Poverty had no choice in saying what laws it should
obey and what it should not. It, perforce, had to obey or go to prison;
either one or the other, for the laws were expressly drafted to bear
heavily upon it.
Public-domain text, read in full here on John Shaqi.
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