"There was sometimes another reason why I felt unwilling to
prosecute: I refer to cases in which I might be taking advantage of
the inability of a fellow-creature to establish his own innocence.
I want you to remember this--nothing that I have ever said to you
is of more importance: a good many years ago I was in Paris. One
afternoon I was walking through the most famous streets in the
company of a French scholar and journalist, a deep student of the
genius of French civilization. As we passed along, he pointed out
various buildings with reference to the history that had been made
and unmade within them. At one point he stopped and pointed to a
certain structure with a high wall in front of it and to a hole in
that wall. 'Do you know what that is?' he asked. He told me. Any
person can drop a letter into that box, containing any kind of
accusation against any other person; it is received by the
authorities and it becomes their duty to act upon its contents. Do
you know what that means? Can you for a moment realize what is
involved? A man's enemy, even his so-called religious enemy, any
assassin, any slanderer, any liar, even the mercenary who agrees to
hire out his honor itself for the wages of a slave, can deposit an
anonymous accusation against any one whom he hates or wishes to
ruin; and it becomes the duty of the authorities to respect his
communication as much as though it came before a court of highest
equity. An innocent man may thus become an object of suspicion,
may be watched, followed, arrested and thrown into prison,
disgraced, ruined in his business, ruined in his family; and if in
the end he is released, he is never even told what he has been
charged with, has no power of facing his accuser, of bringing him
to justice, of recovering damages from the State. While he himself
is kept in close confinement, his enemy may manufacture evidence
which he alone would be able to disprove; and the chance is never
given him to disprove it."
The Judge turned and looked at Barbee in simple silence.
Barbee sprang to his feet: "It is a damned shame!" he cried. "Damn
the French! damn such a civilization."
"Why damn the French code? In our own country the same thing goes
on, not as part of our system of jurisprudence, but as part of our
system of--well, we'll say--morals. In this country any man's
secret personal enemy, his so-called religious enemy for instance,
may fabricate any accusation against him. He does not drop it into
the dark crevice of a dead wall, but into the blacker hole of a
living ear. A perfectly innocent man by such anonymous or
untraceable slander can be as grossly injured in reputation, in
business, in his family, out of a prison in this country as in a
prison in France. Slander may circulate about him and he will
never even know what it is, never be confronted by his accuser,
never have power of redress.
Public-domain text, read in full here on John Shaqi.
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