Satan's Invisible World Displayed; or, Despairing Democracy: A Study of Greater New YorkStead, W. T. (William Thomas)
History
Satan's Invisible World Displayed; or, Despairing Democracy: A Study of Greater New York
Stead, W. T. (William Thomas)
New York (N.Y.) -- Politics and government; Police -- New York (State) -- New York
But to this there are several answers. In the first place, beyond arming
the proposed Inquisition with adequate powers to enforce attendance by
subpœna, to punish contempt of court, and to impose summary penalties for
perjury, it would not be vested with any power of inflicting punishment.
Having ascertained the facts, it would hand over the guilty person to the
ordinary civil and criminal tribunals, binding over all witnesses to
appear when the case came on for trial. Its functions would be those of
investigation, for the purpose of providing a case for the ordinary
tribunals, so that there would be no interference with the safeguards
provided by the law and the constitution for the liberty of the subject
and the impartial administration of justice.
Secondly, the proceedings of the Inquisition would be from the first
conducted under the full glare of publicity. Even if it were within its
powers to hold a secret session, no action could be taken at such session
until it had been confirmed in the light of day. Both at the inception and
at the close of a case the Inquisition would be a public tribunal, liable
to public criticism and amenable to public opinion. Its chief duty would
be the obtaining of material in the shape of authentic information capable
of being proved in court, for the protection of the public. It would,
therefore, be unreasonable to fear that such a Court, whose _raison
d’être_ is to bring evil out of the darkness into light, could be capable
of the abuse which sprang up in the Star Chamber or the Inquisition, where
secrecy made power irresponsible.
If it be admitted that such a tribunal might with advantage be created,
the question would then arise how it should be constituted. The paralysis
of faith in the integrity of the elected man which prevails in American
citizens would seem to preclude any hope of securing a competent and
inflexible Inquisitor-General by an appeal to the principle of popular
election--direct or indirect. If, however, the Journalism that Acts is to
be allowed to follow the natural path of evolution, it might perhaps be
recognised as a power in the State, to whose initiative might be left by
statute the task of appointing the Inquisitor and of bringing cases before
the Inquisition. If the choice of Inquisitor-General were left to the
journalists, each of whom is an inquisitor himself in his own way, you
would at least have a small expert constituency, each member of which
would have a direct interest in making a good selection. And if the duty
of bringing cases before the Court were limited in the first instance to
the journalists, the door would be closed against the irresponsible
calumnies of miscellaneous scandal-mongers, for the only persons who could
then set the tribunal in motion would be the newspaper, which would lose
in prestige and in authority should it bring forward a case which on
investigation proved to be baseless.
Public-domain text, read in full here on John Shaqi.
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