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
in a condition almost of servitude; they did service, were not paid
wages, and couldn't leave the place where they were born--and both
these are tests of slavery. But in the first two centuries after the
Conquest the number of freemen very rapidly increased; men who were
not property owners, not land-owners, but still freemen. Especially
it increased in the towns, for the towns very early established their
right to be free, far earlier than the country. It was very early
established that the citizens of any town, that is, the members of
the guild of the town, duly admitted to the guild, were freemen, and
probably before this statute. But this is interesting as a recognition
of the fact that there were free poor people--people without property,
who nevertheless were neither villeins nor serfs--and that they were
entitled to equality before the law, just as we are to-day, as early
as 1275. Otherwise, the Statute of Westminster concerns mainly the
criminal law. There is one very important provision--because it has
been historically followed from then down to now--that there shall
be no disturbance of the elections. Elections shall be free and
unimpeded, uncontrolled by any power, either by the crown, or
Parliament, or any trespasser. That has been a great principle of
English freedom ever since, and passed into our unwritten constitution
over here, and of course has been re-enacted in many of our laws. That
is the feeling which lay behind those statutes which we enacted after
our slaves were freed, for the making of elections free in the
South; for protecting negroes in the act of voting and preventing
interference with them by the Ku Klux Klan. The Democratic party
strongly objected and objects still to such legislation on the part of
the government, on the ground that the right of regulating elections
belongs to the States and not to the Federal government; which,
constitutionally speaking, before the Fifteenth Amendment at least,
was true. They do not, of course, deny this great old English
principle that elections must be free and must not be intimidated or
controlled by anybody; but, they say, we left the machinery of the
elections in the hands of the States when we adopted the Federal
Constitution; and although at our State elections some of the officers
elected are Federal officers--as, for instance, the President of the
United States, or rather the presidential electors, and members of
Congress--nevertheless, when we adopted the Federal Constitution, the
founders chose to rely for the machinery of a fair and free election
upon the officers of States; so that the Federal government has
nothing to do with it, and has no business to send Federal troops to
the South; and they called such bills the "force" bill. In theory, of
course, those elections were controlled in these bills just as much in
the North as in the South; but there being practically no complaint in
the North that the negroes were not allowed to vote, as a matter of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account