Liberty in the Nineteenth CenturyHolland, Frederic May
Philosophy
Liberty in the Nineteenth Century
Holland, Frederic May
Liberty; Social history
Our people are much better able to judge of the success of State than
of Federal legislation and management. Of course the chief duties of the
State are to pass laws for the protection of life and property
against crime, and to manage such indispensable penal, charitable, and
educational institutions as are not provided by the municipalities. It
is still necessary for the States of our Union to keep up the militia;
but perhaps the best thing that could be done for the public safety
would be to have tramps kept from crime, and assisted to employment by
a State police. Ownership of real estate would be more secure, and sale
easier, if titles were guaranteed by the State; and it would also do
well, as Spencer suggests, to help people of moderate means resist
lawsuits brought to extort money. It seems, at all events, well that our
States keep up their boards of health, and their supervision of banks,
railroads, steamboats, and factories. There are a great many unnecessary
laws, as, for instance, was one in Massachusetts for selling coal below
market price. This was fortunately decided to be unconstitutional; but
whether this commonwealth ought to continue to supply free
text-books, especially in high schools, seems to me questionable. Many
individualists object to laws against gambling, selling liquor, and
other conduct which does no direct injury except to those who take part
voluntarily. There are vicious tendencies enough in human nature, I
think, to justify attempts to keep temptation out of sight.
No advantage of this kind can be claimed for the Sunday laws in our
Eastern and Southern States. It is certainly desirable to have one day
a week of rest from labour and business; but it is equally true that a
man's ploughing his field or weeding his garden does not infringe on
the liberty of his neighbours, diminish their security of person and
property, or encourage their vicious propensities, even on Sunday. It
is setting a bad example to break any law; but I do not think that
any citizen of Massachusetts was seriously corrupted by resisting the
Fugitive Slave Act; and I doubt if any Vermonter was morally the worse
for breaking the law in that State against Sunday "visits from house
to house, except from motives of humanity or charity, or for moral
and religious edification." It is better to have the laws obeyed
intelligently than blindly; and those really worthy of respect would
have more authority if every prohibition which is never enforced, except
out of malice, were repealed. Much aid is given to morality by such
religious observances as are voluntary and conscientious; but compulsory
observance breeds both slaves and rebels.
Public-domain text, read in full here on John Shaqi.
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