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Updated: May 23, 2025
The second thing you find is that the statute-books are crowded with other laws which they make no pretense of enforcing; for example, the law which forbids the saloons to be open on Sunday which law they take the liberty of understanding to mean that the saloons shall not have their front doors open on Sunday.
We hope, however, the day has come when education, progress, improvement and reward, will shed their mild and peaceful lustre upon our statute-books, and banish from them those Draconian enactments, that engender only fear and hatred, breathe of cruelty, and have their origin in a tyrannical love of blood.
But will the intelligent, large-minded Southerners, the men of light and leading always allow the theory of their own statute-books to be nullified? Will they forever maintain a suffrage-test of race rather than of property and intelligence? It is said, no doubt truly enough, that a large part of the negroes are indifferent to the suffrage, and do not care to vote.
Theorists have argued, particularly with us, that under the latter principle protective tariffs are unconstitutional; but even if it be admitted that they are not for the benefit of the whole people, the exception is as old as the rule; protective tariff laws, and, earlier still, laws absolutely prohibitive of importation, being plentiful on the English statute-books before and at the time this earliest of constitutional principles appeared.
And the fact that they have obeyed their common sense rather than the law is the only reason why our present antiquated and unsatisfactory test of who shall be and who shall not be held "responsible" in the eyes of the law remains untouched upon the statute-books.
If they are really aggrieved by any laws upon our Statute-books opposed to their rights if upon examination any such are found to be in conflict with the Constitution of these United States nay, further, if they but serve to irritate our brethren of the South, whether Constitutional or not, I, for one, have no objection that they should instantly be repealed."
"Imagine a law on the statute-books fixing the prices at which you shall sell your goods, and that same law leaving you at the mercy of those from whom you must buy! Take it to yourselves, you miners.
Yet such causes for divorce are far too complex to be stated in statute-books, and far too intimate to be pleaded in courts of justice. Ten years ago, if not still, the United States came fourth in order of frequency of divorce, after Japan, Denmark, and Switzerland. So, e.g., Hobhouse, Morals in Evolution, vol. i, p. 237. Mere divorce, however, would not suffice to attain the ends desired.
Only very gradually could these be assimilated, and it was not until the year 1892 that one land act could be said to contain the law on the subject, and to be equally applicable to all New Zealand. In the meantime the statute-books of 1877, 1878, 1883, 1885 and 1887 bore elaborate evidence of the complexity of the agrarian question, and the importance attached to it.
It is that the citizens who are expected to obey the law are those who make the law. But that is not true of Great Britain. At least half the adult citizens whose lives are deeply affected by every law that is carried on the statute-books have absolutely no voice in making that law. They have no more influence in the matter than the horses that drag their lords and masters to the polling-booth.
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