Page:The Green Bag (1889–1914), Volume 17.pdf/674

 LYNCH-LAW AND LYNCHING It is true that the history of this govern ment shows that the people have been unwilling to grant many radical changes in our constitutions and laws. But rarely has the present conditions been duplicated. Never in the history of this government has there been such a constant and uniform violation of the criminal code by whole communities, and never before has the criminal code failed to measure out exact justice to such communities in every in stance. The case under consideration is an exceptional one calling for exceptional treatment. It will also be argued in some quarters that severe penal laws were never known to accomplish much in the interest of law, and order, and good society, particularly, in a free country, like our own; that public opinion must precede rather than follow all legislation along lines indicated. I do not

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entertain this view. It is my firm belief, based upon many years of observation and experience, that both individuals and com munities do right under the social order not from choice, but from policy and from fear. The mob will participate in its law less act because it is sure to be absolved from all punishment. The fear of punish ment is eliminated. If, however, certainty of punishment is sure to follow such lawless ness, this American "habit" will become less frequent until it is known no more for ever. There is reason to believe that the Ameri can people are being aroused to the gravity of this one foul blot on our national es cutcheon. It calls for a high order of lofty statemanship. And shall we doubt that it will not be forthcoming at the opportune moment? MILWAUKEE, Wis., October, 1905.