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
Perhaps the chief victims of Prohibition in the Republic, in the long
run, will turn out to be the Federal judges. I do not argue here, of
course, that drinking bootleg liquors will kill them bodily; I merely
suggest that enforcing the unjust and insane provisions of the Volstead
Act will rob them of all their old dignity. A dozen years ago a Federal
judge was perhaps the most dignified and respected official yet
flourishing under our democracy. The plain people, many years before
that, had lost all respect for lawmakers, whether Federal, State or
municipal, and save for the President himself, they had very little
respect left for the gentlemen of the executive arm, high or low. More,
they had begun to view the judiciary of the States very biliously, and
showed no sign of surprise when a member of it was taken in judicial
adultery. But for the Federal judges they still continued to have a
high veneration, and for plain reasons. _Imprimis_, the Federal judges
sat for life, and thus did not have to climb down from their benches
at intervals and clamor obscenely for votes. Secondly, the laws that
they were told off to enforce, and especially the criminal laws, were
few in number, simple in character, and thoroughly in accord with
almost universal ideas of right and wrong. No citizen in his right
mind had much sympathy for the felons who were shipped to Atlanta each
morning by the marshals of the Federal courts--chiefly counterfeiters,
fraudulent bankrupts, adulterators of food and drugs, get-rich-quick
swindlers, thieving letter-carriers, crooked army officers, and so on.
Public sentiment was almost unanimously behind the punishment of such
rogues, and it rejoiced that that punishment was in the hands of men
who carried on the business in an austere and elevated manner, without
fear and without favor. It was, in those days, almost unheard of for
a petit jury in a Federal court to acquit a prisoner whose guilt was
plain; the percentage of convictions in some jurisdictions ran beyond
ninety per cent. For guilt of the kind then dealt with by those courts
met with the reprehension of practically all men not professional
criminals themselves--and Federal juries, petit and grand, were picked
with some care, as Federal judges themselves were picked.
Public-domain text, read in full here on John Shaqi.
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