Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
One must not be misled by the generality of the phrase used in chapter
39, and think it unimportant because it looks simple. It is hard for
an American or Englishman to get a fresh mind on these matters. We all
grow up with the notion that nobody has the right to arrest us, nobody
has the right to deprive us of our liberty, even for an hour. If
anybody, be he President of the United States or be he a police
officer, chooses to lay his hand on our shoulder or attempts to
confine us, we have the same right to try him, if he makes a mistake,
as if he were a mere trespasser; and that applies just as much to the
highest authority, to the president, to the general of the army, to
the governor, as it does to a tramp. But one cannot be too often
reminded that this principle is peculiar to English and American
civilization. Throughout the Continent any official, any judge,
anybody "who has a red band around his cap," who, in any indirect way,
represents the state--a railway conductor, a spy, a station agent--not
only has the right to deprive you of your freedom, but you have no
right to question him; the "red band around the cap" is a final
answer. Hence that extraordinary incident, at which all England
laughed, the Kupenick robbery. A certain crook who had been a soldier
and was familiar with the drill and the passwords, obtained possession
of an old captain's uniform, walked into a provincial town of some
importance, ordered the first company of soldiers he met to follow
him, and then with that retinue, appeared before the town hall and
demanded of the mayor the keys of the treasury. These were surrendered
without question and he escaped with the money, representing, of
course, that he had orders from the Imperial government. It never
occurred to any one to question a soldier in full uniform, and it was
only some days later, when the town accounts were sent to Berlin to be
approved, that the robbery was discovered.
Public-domain text, read in full here on John Shaqi.
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