Mencken Day 2019: Minorites in the U.S.

From Prejudices, Third Series:

Worse, a minority not only has no more inalienable rights in the United States; it is not even lawfully entitled to be heard. This was well established by the case of the Socialists elected to the New York Assembly. What the voters who elected these Socialists asked for was simply the privilege of choosing spokesmen to voice their doctrines in a perfectly lawful and peaceable manner,—nothing more. This privilege was denied them. In precisely the same way, the present national House of Representatives, which happens to be Republican in complexion, might expel all of its Democratic members. The voters who elected them would have no redress. If the same men were elected again, or other men of the same views, they might be expelled again. More, it would apparently be perfectly constitutional for the majority in Congress to pass a statute denying the use of the mails to the minority—that is, for the Republicans to bar all Democratic papers from the mails. I do not toy with mere theories. The thing has actually been done in the case of the Socialists. Under the present law, indeed—upheld by the Supreme Court—the Postmaster-General, without any further authority from Congress, might deny the mails to all Democrats. Or to all Catholics. Or to all single-taxers. Or to all violoncellists.

Yet more, a citizen who happens to belong to a minority is not even safe in his person: he may be put into prison, and for very long periods, for the simple offense of differing from the majority. This happened, it will be recalled, in the case of Debs. Debs by no means advised citizens subject to military duty, in time of war, to evade that duty, as the newspapers of the time alleged. On the contrary, he advised them to meet and discharge that duty. All he did was to say that, even in time of war, he was against war—that he regarded it as a barbarous method of settling disputes between nations. For thus differing from the majority on a question of mere theory he was sentenced to ten years in prison. The case of the three young Russians arrested in New York was even more curious. These poor idiots were jailed for the almost incredible crime of circulating purely academic protests against making war upon a country with which the United States was legally at peace, to wit, Russia. For this preposterous offense two of them were sent to prison for fifteen years, and one, a girl, for ten years, and the Supreme Court upheld their convictions. Here was a plain case of proscription and punishment for a mere opinion. There was absolutely no contention that the protest of the three prisoners could have any practical result—that it might, for example, destroy the morale of American soldiers 6,000 miles away, and cut off from all communication with the United States. The three victims were ordered to be punished in that appalling manner simply because they ventured to criticise an executive usurpation which happened, at the moment, to have the support of public opinion, and particularly of the then President of the United States and of the holders of Russian government securities.

It must be obvious, viewing such leading cases critically—and hundreds like them might be cited—that the old rights of the free American, so carefully laid down by the Bill of Rights, are now worth nothing. Bit by bit, Congress and the State Legislatures have invaded and nullified them, and to-day they are so flimsy that no lawyer not insane would attempt to defend his client by bringing them up. Imagine trying to defend a man denied the use of the mails by the Postmaster-General, without hearing or even formal notice, on the ground that the Constitution guarantees the right of free speech! The very catchpolls in the courtroom would snicker. I say that the legislative arm is primarily responsible for this gradual enslavement of the Americano; the truth is, of course, that the executive and judicial arms are responsible to a scarcely less degree. Our law has not kept pace with the development of our bureaucracy; there is no machinery provided for curbing its excesses. In Prussia, in the old days, there were special courts for the purpose, and a citizen oppressed by the police or by any other public official could get relief and redress. The guilty functionary could be fined, mulcted in damages, demoted, cashiered, or even jailed. But in the United States to-day there are no such tribunals. A citizen attacked by the Postmaster-General simply has no redress whatever; the courts have refused, over and over again, to interfere save in cases of obvious fraud. Nor is there, it would seem, any remedy for the unconstitutional acts of Prohibition agents. Some time ago, when Senator Stanley, of Kentucky, tried to have a law passed forbidding them to break into a citizen’s house in violation of the Bill of Rights, the Prohibitionists mustered up their serfs in the Senate against him, and he was voted down.

Imagine if Reformed Protestants were a minority.


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