Authors:
Historic Era:
Historic Theme:
Subject:
December 1966 | Volume 18, Issue 1
Authors:
Historic Era:
Historic Theme:
Subject:
December 1966 | Volume 18, Issue 1
“The law,” declared Sir Edward Coke, is the “perfection of reason”; although to Mr. Bumble, the beadle of Oliver Twist , it could be, in its baffling workings, “a ass—a idiot.” Much the same argument continues to this day, with the points of view relatively unchanged. No one respects law more, or argues more heatedly about it, than the English-speaking peoples. No one manufactures more of it, in sheer weight, bulk, and complexity, than the Americans. The law has reflected and sometimes accelerated the transition of the United States from a rural republic to a city-dwellers’ democracy. And how has most of this law been made? Not, despite fond popular belief, in our legislatures, but in our courtrooms. In the past few years, headline after headline has told us of judicial verdicts that banned official prayer from public schools, desegregated the classrooms, ordered state reapportionments that many think will open a new (if not necessarily better) era in American politics, and in recent rulings on confessions and search procedures, drastically altered the balance of power between the policeman and the accused. Some of the court decisions have represented what football writers might call “end runs” around the immovable lines of the Senate; some of them have probably represented the majority will of the country, and some of them probably have not. But they are all law, despite violent debates in newspapers and on the air, congressional speeches, and threats to amend the Constitution. The courtroom has always been an arena in which opposing classes, ideas, and ways of life have met in direct conflict. Sometimes, as in Theodore Roosevelt’s titanic confrontation with J. P. Morgan over the Northern Securities trust, the legal battle has averted a bloodier clash. Jn other cases, the courtroom ritual has only served to intensify hatreds. Textbook summaries have, for instance, almost totally obscured for us the enormous impact that John Brown’s trial had on the popular mind in the North. Similarly, we have lost sight of the tragic mixture of justice and revenge that motivated the men who tried to impeach Andrew lohnson. Forgotten even more completely, because the principle is so well established, are several trials of the early 1800’s in which Alexander Hamilton and others placed the tree press out of reach of political attack. In the trials of labor leaders such as Big Hill Heywood. arch criminals such as Al Capone, tycoons such as Samuel lnsull, government officials such as Alger Hiss, an entire era is condensed, recapitulated—and judged. Often the verdict is like a pivot on which swings a vast change of public mood. Even a murder trial can produce a notable legal precedent along with its standard ingredients of vivid emotion and purple oratory—when, for instance, the man on trial is a romantic scoundrel like Congressman Daniel Sickles, and the victim is the son of Francis Scott Key. That trial, the sensation of 1859, established