FREE BOOKS

Author's List




PREV.   NEXT  
|<   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211  
212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   >>   >|  
ot the face to allege that the commission of them implied or indicated any criminal intent. To get rid of the necessity of showing a criminal intent, and thereby further to enslave the people, by reducing them to the necessity of a blind, unreasoning submission to the arbitrary will of the government, and of a surrender of all right, on their own part, to judge what are their constitutional and natural rights and liberties, courts have invented another idea, which they have incorporated among the pretended _maxims_, upon which they act in criminal trials, viz., that "_ignorance of the law excuses no one_." As if it were in the nature of things possible that there could be an excuse more absolute and complete. What else than ignorance of the law is it that excuses persons under the years of discretion, and men of imbecile minds? What else than ignorance of the law is it that excuses judges themselves for all their erroneous decisions? Nothing. They are every day committing errors, which would be crimes, but for their ignorance of the law. And yet these same judges, who claim to be _learned_ in the law, and who yet could not hold their offices for a day, but for the allowance which the law makes for their ignorance, are continually asserting it to be a "maxim" that "ignorance of the law excuses no one;" (by which, of course, they really mean that it excuses no one but themselves; and especially that it excuses no _unlearned_ man, who comes before them charged with crime.) This preposterous doctrine, that "ignorance of the law excuses no one," is asserted by courts because it is an indispensable one to the maintenance of absolute power in the government. It is indispensable for this purpose, because, if it be once admitted that the people _have_ any rights and liberties which the government cannot lawfully take from them, then the question arises in regard to every statute of the government, whether it be law, or not; that is, whether it infringe, or not, the rights and liberties of the people. Of this question every man must of course judge according to the light in his own mind. And no man can be convicted unless the jury find, not only that the statute is _law_,--that it does _not_ infringe the rights and liberties of the people,--but also that it was so clearly law, so clearly consistent with the rights and liberties of the people, as that the individual himself, who transgressed it, _knew it to be so_, and therefore
PREV.   NEXT  
|<   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211  
212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   >>   >|  



Top keywords:

excuses

 

ignorance

 

people

 

rights

 

liberties

 

government

 
criminal
 
statute
 

question

 

courts


absolute

 

indispensable

 

necessity

 

intent

 

judges

 

infringe

 

offices

 

doctrine

 

allowance

 
continually

asserting

 

asserted

 

charged

 

unlearned

 

preposterous

 

convicted

 

transgressed

 

individual

 
consistent
 

admitted


lawfully

 

purpose

 

regard

 

arises

 

maintenance

 
surrender
 

submission

 

arbitrary

 

constitutional

 

incorporated


natural

 
invented
 

unreasoning

 

implied

 

commission

 

allege

 
enslave
 

reducing

 

showing

 
pretended