Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
I do not propose, of course, that such medieval laws be set up in
the United States. We have, indeed, gone far enough in imitating
the Prussian system already; if we go much further the moral and
enlightened nations of the world will have to unite in a new crusade
to put us down. Hints to that effect are not lacking even now; they
are heard in England every time the Department of State revives the
question of the Bahaman rum trade, and in France every time there is
mention of the war debt. As a matter of fact, the Prussian scheme
would probably prove ineffective in the Republic, if only because
it involved setting up one gang of job-holders to judge and punish
another gang. This worked very well in Prussia before the country was
civilized by force of arms because, as everyone knows, a Prussian
judge was trained in ferocity from infancy, and regarded every man
arraigned before him as guilty _ipso facto_; in fact, any thought of
a prisoner’s possible innocence was abhorrent to him as a reflection
upon the _Polizei_, and, hence, by inference, upon the Throne, the
whole monarchic idea, and God. But in America, even if they had no
other sentiment in common, which would be rarely, judge and prisoner
would often be fellow-Democrats or fellow-Republicans, and hence
jointly interested in protecting their party against scandal and
its members against the loss of their jobs. The operations of the
Department of Justice under Mr. Daugherty showed how this community
of interest impedes the flow of justice even today; it would be far
more obstructive, obviously, if job-holders had to execute the laws
against other job-holders, and not merely against the friends of
other job-holders. Moreover, the Prussian system has another plain
defect: the punishments it provides are, in the main, platitudinous
and banal. They lack dramatic quality, and they lack ingenuity and
appropriateness. To punish a judge taken in judicial crim. con. by
fining him or sending him to jail is a bit too facile and obvious. What
is needed is a system (_a_) that does not depend for its execution
upon the good-will of job-holders, and (_b_) that provides swift,
certain and unpedantic punishments, each fitted neatly to its crime.
Such a system, after due prayer, I have devised. It is simple, it is
unhackneyed, and I believe that it would work. It is divided into
two halves. The first half takes the detection and punishment of the
crimes of job-holders away from courts of impeachment, congressional
smelling committees, and other such agencies--_i. e._, away from other
job-holders--and vests it in the whole body of free citizens, male and
female. The second half provides that any member of that body, having
looked into the acts of a job-holder and found him delinquent, may
punish him instantly and on the spot, and in any manner that seems
appropriate and convenient--and that in case this punishment involves
physical damage to the job-holder, the ensuing inquiry by the grand
Public-domain text, read in full here on John Shaqi.
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