Popular misgovernment in the United StatesCruikshank, Alfred Byron
History
Popular misgovernment in the United States
Cruikshank, Alfred Byron
Suffrage -- United States; United States -- Politics and government
It is to Society, the champion of civilization, that the enlightened
civilized man considers his allegiance is ultimately due, and only to
the State as the agent of Society. A law to be valid and enforceable
must conform to social mandates. The late James C. Carter, a noted New
York lawyer, is the author of a philosophical treatise on Law in which
he clearly establishes this principle. He says (p. 120); “That to which
we give the name of Law always has been, still is, and will forever
continue to be Custom.” But customs are merely the ordinances of
Society. When the State forgets its duty to Society it does so at its
peril; let it enact for example, a Fugitive Slave Law and the Emersons,
Thoreaus, Beechers and other social leaders refuse obedience and defy
the State. In like manner, wars are justified when decreed by Society
against unsocial sovereign states in the interests of civilization, as
for instance, some of the modern wars of civilized powers against
Turkey. Consider the actual political power and operations of Society.
Compare the statute books of today with those of fifty or a hundred
years ago and note the changes she has dictated in that period. History
is sad and bloody with the story of the efforts of the State to modify
the religious practices of men; they have all failed; but Society does
not fail to change these practices year by year. Commerce, manufactures,
transportation, the arts, education, customs, manners, all human
institutions are in turn created and destroyed by Society, and law and
the State are powerless to defeat permanently her decrees, while their
own are only valid when stamped with her approval.
Here then we find in the inherent powers of Society, in powers which are
God-given or Nature-given if you prefer, an answer to the scruples of
those who seek a source of authority in the State to protect its life by
preserving its own machinery. It is this supreme potentate acting by and
through the State that we invoke to settle the structure of the State
on the foundations of capacity and intelligence.
Public-domain text, read in full here on John Shaqi.
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