Humanly Speaking by Samuel McChord Crothers
page 74 of 158 (46%)
page 74 of 158 (46%)
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Tennyson's words about "reverence for the laws ourselves have made" needs to be interpreted by English history. It is a peculiar kind of reverence and has many limitations. A good deal depends on what is meant by "ourselves." An act of Parliament does not at once become an object of reverence by the members of the opposition party. It was not, they feel, made by _them_, it was made by a Government which was violently opposed to them and which was bent on ruining the country. It is only after a sufficient time has elapsed to allow for the partisan origin to be forgotten, and for it to become assimilated to the habits of thought and manner of life of the people that it is deeply respected. The English reverence is not for statute law, but for the common law which is the slow accretion of ages. A new enactment is treated like the new boy at school. He must submit to a period of severe hazing before he is given a place of any honor. To the American when an act of Congress has been declared constitutional, a decent respect for the opinion of mankind seems to suggest that verbal criticism should cease. The council of perfection is that the law should be obeyed till such time as it can be repealed or explained away. If it should become a dead letter, propriety would demand that no evil should be spoken of it. Since the days of Andrew Jackson the word "nullification" has had an ugly and dangerous sound. But to the Englishman this attitude seems somewhat superstitious. The period of opposition to a measure is not ended when it has passed Parliament and received the royal assent. The question is whether it will receive the assent of the people. Can it get itself obeyed? If it can, then its future is assured for many generations. But it must pass |
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