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
formidable candidate for the presidency on the completion of his term.
Even Dr. Coolidge, I daresay, would have had a very friendly feeling
for him, and perhaps might have sent him a box of cigars or some White
House pies while he was in jail.
I present my system formally to the consideration of the Congress, and
offer to explain it in greater detail before a joint session of both
Houses at any time not in conflict with my literary engagements. I
am no lawyer, to be sure. I once studied law for a space, but forgot
it on closing the books. But I retain enough technic to be convinced
that my scheme presents no constitutional difficulties. It violates
no constitutional right that I am aware of; on the contrary, it
specifically reaffirms the right to a trial by jury, now denied in a
wholesale and shameless manner by the Federal courts. It sets up no new
corps of corrupt and oppressive enforcement officers; it establishes
no new jobs; it does not augment the already excessive powers of the
police. If there is any lingering taint of injustice in it, then that
injustice would be suffered by job-holders, nine-tenths of whom now rob
and persecute the rest of us incessantly, and are fast habilitating the
doctrine that we are _feræ naturæ_ and have no rights that they are
bound to respect. It is a system of criminal law that is democratic
in the widest and loftiest sense. It augments the dignity and
responsibility of the citizen, and tends to increase his concern with
problems of government. It sets higher standards of conduct for public
officers than prevail now, and makes corruption and incompetence
dangerous. Above all, it breaks down the rigid and unintelligent
formalism of our scheme of punishments, and makes it infinitely more
pliant, appropriate and various. We have been tending for years to
reduce all punishments to two: fine and imprisonment, the first usually
no punishment at all, but a mere bribe to escape punishment, and the
second often cruel and almost always ineffective. That this tendency is
widely regarded as evil is shown by the extra-legal efforts to combat
it that are made constantly by the Ku Klux Klan, the American Legion
and other such agents of lynch law. My scheme would take over the
rich ingenuities of these agents and give them formal legal sanction;
it would restore to the art of putting down crime something of the
fine bounce and gusto that it had in the Middle Ages, when tort and
penalty were united by logical, and even, indeed, æsthetic bonds, and a
judge who was imaginative and original was esteemed. The certainty of
punishment would daunt the offender, and the uncertainty of its nature
would fill him with dread. Once proceeded against, he would become
enormously cautious and conscientious. A Congressman with his ears cut
off, you may be sure, would not do it again. A judge, after two or
three rocket flights through his court-room window, would be forced, by
Public-domain text, read in full here on John Shaqi.
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