National characteristics, American; United States -- Civilization
Again, in 1890, Congress passed a measure commonly called the Sherman
Anti-Trust Act, declaring "every contract, combination in the form of
trusts or otherwise, or conspiracy in restraint of trade or commerce
among the several States" to be illegal. This was undoubtedly intended
to prevent the merger of railroads and manufacturing concerns into
gigantic trusts with monopolistic powers. The American spirit has always
understood liberty as including the right of the citizen to be free in
the enjoyment of all his faculties, to live and work where he will, and
in so doing to move freely from State to State. So far as the trusts
were combinations in restraint of this right, the statute properly
declared them illegal, and the Supreme Court so interpreted and applied
it. But it soon became evident that combinations of labour might
restrain trade just as much as combinations of capital. A strike or a
boycott might paralyze an industry or stop a railroad. The Supreme Court
did not hesitate to apply the same rule to the employees as to the
employers. It held that a combination whose professed object is to
arrest the operation of railroads whose lines extend from a great city
into adjoining States until such roads accede to certain demands made
upon them, whether such demands are in themselves reasonable or
unreasonable, just or unjust, is certainly an unlawful conspiracy in
restraint of commerce among the States.
Again and again the Supreme Court has interfered to prevent citizens of
all the States from being deprived by the action of any State of those
liberties which belong to them in common. Again and again its decisions
have expressed and illustrated the fundamental American conviction which
is summed up in the strong words of Justice Bradley: "The right to
follow any of the common occupations of life is an inalienable right."
I have not spoken of the other federal courts and of the general
machinery of justice in the United States, because there is not time to
do so. If it were possible to characterize the general tendency in a
sentence, I would say that it lays the primary emphasis on the
protection of rights, and the secondary emphasis on the punishment of
offences. Looking at the processes of justice from the outside, and
describing things by their appearance, one might say that in many parts
of the continent of Europe an accused man looks guilty till he is proved
innocent; in America he looks innocent until his guilt is established.
Public-domain text, read in full here on John Shaqi.
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