The Complete Works of Brann, the Iconoclast — Volume 10Brann, William Cowper
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The Complete Works of Brann, the Iconoclast — Volume 10
Brann, William Cowper
Brann, William Cowper, 1855-1898; Essays; Reformers
When we consider this in connection with the further fact that
the courts continue to increase in cost--are already a veritable
Old Man of the Sea about the neck of the Industrial Sinbad--can
we wonder at the impatience of the people? But there is another
feature which Mr. Johnson has quite overlooked in his vision of a
brutal mob drunk with blood--like most lawyers, he stands too
close to his subject to see more than one side, views it from
beneath rather than from above. We set a higher value on human
life than did our ancestors of the old dueling days. This may be
called the Age of Woman--the era of her apothesis. She occupies a
higher intellectual, social and political level than ever before
in human history, and as she increases in importance crimes
against her person assume more gravity. A generation ago such a
thing as the criminal assault of a white woman by a negro was
almost unknown, but now it is of every day occurrence; thus as
womanhood becomes more sacred in our eyes it is subjected to
fouler insult. Nor is this all: The American people are becoming
every year more mercurial. The whole trend of our
civilization--of our education, our business, even our
religion--is to make us neurotic, excitable, impatient. In our
cooler moments we enact laws expressive of mistaken mercy rather
than of unflinching justice. Some of the states have even
abolished capital punishment and in but one can a brute be tied
up and whipped for the cowardly crime of wife-beating. We
establish courts rather to acquit than to convict by
disqualifying intelligence for jury service and enforcing the
stupid unit rule. We provide convicts with comforts unknown to
millions of honest working men and regard them as poor
unfortunates to be "reformed rather than as malefactors to be
punished. And when our misguided mercy has borne its legitimate
fruit we take fire, curse the laws and the courts, seize and hang
the offender, and have the satisfaction of knowing that there's
one less monster alive in the land. Mr. Johnson suggests no
remedy for what he regards as the evil of the age, and is
therefore like unto the doctor who volunteers the entirely
superfluous information that you "have a misery in your innards,"
but provides neither pill nor poultice. As Judge Lynch probably
makes fewer mistakes than do the courts; as those he hangs
usually deserve hemp and he renders no bill of costs to the
country; and as the people are the creators and not the creatures
of the courts, I am not particularly interested in his
suppression, notwithstanding the fact that he seriously
interferes with the material welfare of the professional juror
and my lawyer friends. But were I duly ordained to perform that
duty I would not begin by creating new deputies or calling out
local militia companies to shoot down their neighbors and
friends, to protect the miserable carcass of a rape-fiend. I
would wipe out our entire penal code and frame a new one in which
Public-domain text, read in full here on John Shaqi.
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