Our business civilization : $b some aspects of American cultureAdams, James Truslow
General
Our business civilization : $b some aspects of American culture
Adams, James Truslow
National characteristics, American; United States -- Civilization -- 1918-1945; United States -- Social conditions -- 1918-1932
As a result of the imperial-colonial situation through a[Pg 108]
century and a half, only some of the aspects of which we
touched upon, there steadily developed a disrespect for law
as law and a habit of lawbreaking. The colonists made up
their minds not to obey law, but merely to obey such laws
as they individually approved of or such as did not interfere
with their own convenience or profit. We are not arguing
the ethics or rights of the cases, but merely stating facts
and results. Moreover, in every colony there was constant
conflict with the royal governors, so that the executive
power came to be considered as inherently something to
be distrusted and limited as far as possible, a feeling which
is strong today as an inheritance from our colonial past.
The executive, represented to the colonists as a hostile and
outside power in their “constitutions,” came to appear a
power to be disobeyed and thwarted whenever feasible. In
a similar way did the judicial. The people stood together
to defeat the courts and to protect friends and neighbors.
This was particularly notable in the admiralty courts and
all cases prosecuted under the laws of trade. Juries would
not convict no matter how flagrant the smuggling or other
lawbreaking. Thwarting courts and officials became as much
a game on the part of otherwise reputable people as fooling
prohibition officers to-day.
In the South another element was introduced into the
complex situation by slavery. There were slaves in the
North also, but for the most part in too small numbers to
affect the matter greatly. In the South the large numbers
of blacks, many of them recently imported from the jungle,
and their peculiar status as personal property, resulted in
legislation and judicial administration which tended to some
extent to break down respect for law. In Maryland and[Pg 109]
many other colonies, for example, a negro was not allowed
to testify against a white man. Moreover, the court in
which the slave was most likely to be tried was that presided
over by a single local magistrate, a slave-owner himself.
In Virginia until 1732, if a master killed his slave in consequence
of “lawful correction,” it was viewed merely as “accidental
homicide.” The raping of a female slave was “trespass
upon property”! If we consider the laws relating to the
negro, and the relations between him and the whites, even
admitting that the great majority of slave-owners may have
been kindly, it is evident that in the two centuries of the
existence of the institution among us an immense amount of
crime must have gone not only unpunished but without fear
of punishment.
Public-domain text, read in full here on John Shaqi.
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