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It is due either to insufficient legislation or to non-enforcement of laws, doubtless more the latter save in the case of adult aliens. From the very beginning of our colonial life, early in the 17th century, universal education has been a part of both our educational and our governmental creeds. A program of compulsory education was early found necessary, early adopted, and never abandoned.
The king controlled the enforcement or the non-enforcement of the law; his word could put the machinery of the courts, high and low, into motion for purposes of persecution; or, on the other hand, could open the prison doors to those already incarcerated, and restrain the indictment of those amenable to the law.
Public sentiment must be educated up to the law; and the existence of the law is itself of educative value. Moreover, the old observations of non-enforcement must now be modified; recent experience shows that the prohibition States are on the whole increasingly successful in enforcing their laws.
With this as his sole weapon, he sent Monroe to make a new treaty, demanding free commerce and the cessation of the impressment of seamen from American vessels in return for the continued non-enforcement of the Non-importation Act.
The organ of the liquor-sellers at that time was the Wine and Spirit Gazette. The editor of this paper believed in selling liquor on Sunday, and felt that it was an outrage to forbid it. But he also felt that corruption and blackmail made too big a price to pay for the partial non-enforcement of the law.
Ill-usage prevails to a great extent, although prohibited by a stringent law; the non-enforcement of which by the alcaldes is charged with a penalty of 100 dollars for every single case of neglect. The Asuang is the ghoul of the Arabian Nights' tales. Veritable cannibals are not mentioned by the older authors on the Philippines.
If it be claimed that it is his duty to enforce all laws that have been regularly enacted, it must at the same time be conceded that the Constitution permits their non-enforcement, since it has given neither to Congress nor to the people any effective power to remove him for neglect of duty.
Grenville, who was the fingers rather than the soul of good government, could not endure the lax administration of the customs service which in the course of years had given the colonies, as it were, a vested interest in non-enforcement.
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