His discourse ranges from Beethoven to Comstockery and from Spanish architecture to the charm of the English village. The extent of the man’s knowledge is really quite appalling. His primary work in the world has been that of a psychologist, and in particular he has brought a great erudition and an extraordinarily sound judgment to the vexatious problems of the psychology of sex, but that professional concern, extending over so many years, has not prevented him from entering a dozen other domains of speculation, nor has it dulled his sensitiveness to beauty nor his capacity to evoke it. His writing was never better than in this volume. His style, especially towards the end, takes on a sort of glowing clarity. It is English that is as transparent as a crystal, and yet it is English that is full of fine colors and cadences. There could be no better investiture for the questionings and conclusions of so original, so curious, so learned, and, above all, so sound and hearty a man.
[IX. THE NATURE OF LIBERTY]
Every time an officer of the constabulary, in the execution of his just and awful powers under American law, produces a compound fracture of the occiput of some citizen in his custody, with hemorrhage, shock, coma and death, there comes a feeble, falsetto protest from specialists in human liberty. Is it a fact without significance that this protest is never supported by the great body of American freemen, setting aside the actual heirs and creditors of the victim? I think not. Here, as usual, public opinion is very realistic. It does not rise against the policeman for the plain and simple reason that it does not question his right to do what he has done. Policemen are not given night-sticks for ornament. They are given them for the purpose of cracking the skulls of the recalcitrant plain people, Democrats and Republicans alike. When they execute that high duty they are palpably within their rights.
The specialists aforesaid are the same fanatics who shake the air with sobs every time the Postmaster-General of the United States bars a periodical from the mails because its ideas do not please him, and every time some poor Russian is deported for reading Karl Marx, and every time a Prohibition enforcement officer murders a bootlegger who resists his levies, and every time agents of the Department of Justice throw an Italian out of the window, and every time the Ku Klux Klan or the American Legion tars and feathers a Socialist evangelist. In brief, they are Radicals, and to scratch one with a pitchfork is to expose a Bolshevik. They are men standing in contempt of American institutions and in enmity to American idealism. And their evil principles are no less offensive to right-thinking and red-blooded Americans when they are United States Senators or editors of wealthy newspapers than when they are degraded I. W. W.’s throwing dead cats and infernal machines into meetings of the Rotary Club.
What ails them primarily is the ignorant and uncritical monomania that afflicts every sort of fanatic, at all times and everywhere. Having mastered with their limited faculties the theoretical principles set forth in the Bill of Rights, they work themselves into a passionate conviction that those principles are identical with the rules of law and justice, and ought to be enforced literally, and without the slightest regard for circumstance and expediency. It is precisely as if a High Church rector, accidentally looking into the Book of Chronicles, and especially Chapter II, should suddenly issue a mandate from his pulpit ordering his parishioners, on penalty of excommunication and the fires of hell, to follow exactly the example set forth, to wit: “And Jesse begat his first born Eliab, and Abinadab the second, and Shimma the third, Netheneel the fourth, Raddai the fifth, Ozen the sixth, David the seventh,” and so on. It might be very sound theoretical theology, but it would surely be out of harmony with modern ideas, and the rev. gentleman would be extremely lucky if the bishop did not give him 10 days in the diocesan hoosegow.
So with the Bill of Rights. As adopted by the Fathers of the Republic, it was gross, crude, inelastic, a bit fanciful and transcendental. It specified the rights of a citizen, but it said nothing whatever about his duties. Since then, by the orderly processes of legislative science and by the even more subtle and beautiful devices of juridic art, it has been kneaded and mellowed into a far greater pliability and reasonableness. On the one hand, the citizen still retains the great privilege of membership in the most superb free nation ever witnessed on this earth. On the other hand, as a result of countless shrewd enactments and sagacious decisions, his natural lusts and appetites are held in laudable check, and he is thus kept in order and decorum. No artificial impediment stands in the way of his highest aspiration. He may become anything, including even a policeman. But once a policeman, he is protected by the legislative and judicial arms in the peculiar rights and prerogatives that go with his high office, including especially the right to jug the laity at his will, to sweat and mug them, to subject them to the third degree, and to subdue their resistance by beating out their brains. Those who are unaware of this are simply ignorant of the basic principles of American jurisprudence, as they have been exposed times without number by the courts of first instance and ratified in lofty terms by the Supreme Court of the United States. The one aim of the controlling decisions, magnificently attained, is to safeguard public order and the public security, and to substitute a judicial process for the inchoate and dangerous interaction of discordant egos.
Let us imagine an example. You are, say, a peaceable citizen on your way home from your place of employment. A police sergeant, detecting you in the crowd, approaches you, lays his hand on your collar, and informs you that you are under arrest for killing a trolley conductor in Altoona, Pa., in 1917. Amazed by the accusation, you decide hastily that the officer has lost his wits, and take to your heels. He pursues you. You continue to run. He draws his revolver and fires at you. He misses you. He fires again and fetches you in the leg. You fall and he is upon you. You prepare to resist his apparently maniacal assault. He beats you into insensibility with his espantoon, and drags you to the patrol box.
Arrived at the watch house you are locked in a room with five detectives, and for six hours they question you with subtle art. You grow angry—perhaps robbed of your customary politeness by the throbbing in your head and leg—and answer tartly. They knock you down. Having failed to wring a confession from you, they lock you in a cell, and leave you there all night. The next day you are taken to police headquarters, your photograph is made for the Rogues’ Gallery, and a print is duly deposited in the section labeled “Murderers.” You are then carted to jail and locked up again. There you remain until the trolley conductor’s wife comes down from Altoona to identify you. She astonishes the police by saying that you are not the man. The actual murderer, it appears, was an Italian. After holding you a day or two longer, to search your house for stills, audit your income tax returns, and investigate the pre-marital chastity of your wife, they let you go.