Page:Notes on democracy - 1926.djvu/179

 fewer prosecuting attorneys. As I have said, a prosecuting attorney’s success depends very largely upon his ferocity. American practice permits him an extravagance of attack that would land him in jail, and perhaps even in a lunatic asylum, in any other country, and the more passionately he indulges in it the more certain becomes his promotion to higher office, including the judicial. Perhaps a half of all American judges, at some time or other, have been prosecuting officers. They carry to the bench the habits of mind acquired on the other side of the bar; they seem to be generally convinced that any man accused of crime is ipso facto guilty, and that if he is known to harbour political heresies he is guilty of a sort of blasphemy when he mentions his constitutional rights.

This doctrine that a man who stands in contempt of the prevailing idealogy has no rights under the law is so thoroughly democratic that in the United States it is seldom questioned save by romantic fanatics, robbed of their wits by an uncritical reading of the Fathers. It not only goes unchallenged otherwise; it is openly stated and defended, and by high authorities. I point, for example, to the Right Rev. Luther B.