The Collected Works of Ambrose Bierce, Volume 11: AntepenultimataBierce, Ambrose
General
The Collected Works of Ambrose Bierce, Volume 11: Antepenultimata
Bierce, Ambrose
American essays; American literature
The public ear is served with rather more than just enough of nonsense
about “attacks upon the dignity of the Bench,” “bringing the judiciary
into disrepute” and the rueful rest of it. I crave leave to remind
the solicitudinarians sounding these loud alarums on their several
larynges that by persons of understanding a man is respected, not for
the office that he holds, but for what he is, and that one public
functionary will stand as high in their esteem as another if as high
in character. The dignity of a wise and righteous judge needs not the
artificial safeguarding which is a heritage of the old days when if
dissent found a tongue the public executioner cut it out. The Bench
will be sufficiently respected when it is no longer a place where
dullards dream and rogues rob—when its _personnel_ is no longer chosen
in the back-rooms of tipple-shops, forced upon yawning conventions and
confirmed by the votes of men who know neither what the candidates
are nor what they should be. With the gang that we have, and under
our system must continue to have, respect is out of the question. The
judges are entitled to just as much of its forms and observances as is
needful to maintenance of order in their courts and fortification of
their lawful power—no more. As to their silence under criticism, that
is as they please. Nobody but themselves is holding their tongues.
VII
A law under which the unsuccessful respondent in a divorce proceeding
may be forbidden to marry again during the life of the successful
complainant, the latter being subject to no such disability, is
unrighteous. If the disability is intended as a punishment it is
exceptional among legal punishments in that it is inflicted without
conviction, trial or arraignment, the divorce proceedings being quite
another and different matter. It is exceptional in that the period
of its continuance, and therefore the degree of its severity, are
indeterminate; they are dependent on no limiting statute, and on
neither the will of the power inflicting nor the conduct of the person
suffering. To sentence a person to a punishment that is to be mild
or severe according to chance or—which is even worse—circumstances
which but one person, and that person not officially connected with
administration of justice, can partly control, is a perversion of the
main principles that are supposed to underlie the laws.
Public-domain text, read in full here on John Shaqi.
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