The Fall of the Great Republic (1886-88)Coverdale, Henry Standish
History
The Fall of the Great Republic (1886-88)
Coverdale, Henry Standish
Imaginary wars and battles
It was not considered disgraceful or wrong, if a bank cashier had
stolen enough to ruin his bank, for the directors to accept his offer
to repay half the amount stolen, in consideration of their agreement
not to prosecute him. Public sentiment admitted that this compounding
felony was objectionable, but refused to condemn the directors who
committed the crime for trying to save some of their property from
complete wreck. It was taken for granted that men cared more for their
wealth than for their honor or the public weal. Even such embezzlers as
were actually imprisoned seldom failed to secure from pliant pardoning
boards such commutations as rendered their punishment farcical. It came
to be a common saying that it was safer to rob a bank of a million
dollars than to steal five dollars from a merchant’s till to buy food
for a starving wife or child.
The courts, which should have remained the trust and reliance of the
people, became as untrustworthy as public sentiment itself. Lawyers
adopted the rule that it was their part to win causes for their
clients, right or wrong. “Get money! honestly if you can; but get
money,” was the motto of the business element. “Win your case! by fair
means, if possible; but win your case,” was the motto of the legal
guild. The advocate who won his client’s case by taking advantage of
technicalities or by securing an incapable or prejudiced jury, or
by the introduction of false witnesses whose perjuries could not be
exposed at the moment, was sure to attain wealth and a high position at
the bar. Actual jury-bribing was suspected in many cases; but those who
should have been the first to ferret out such offences cared not enough
about the purity of the courts to trouble their leisure with the matter.
The judges aided in many States to make the courts over which they
presided inefficient and to bring them into public contempt by their
blind adherence to outworn precedent and their indiscriminating
affection for technical pleadings. Though generally men of the highest
personal probity, they might be relied upon in any trial to ignore the
spirit of the law and the interests of society if a clever attorney
could point out in the letter of the law or in some century-old
precedent anything to justify them in so doing. A misplaced comma was
sufficient to overthrow the intent of an entire statute.
Public-domain text, read in full here on John Shaqi.
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