I have not spoken of the other federal courts and of the general

machinery of justice in the United States, because there is not time to

do so. If it were possible to characterize the general tendency in a

sentence, I would say that it lays the primary emphasis on the

protection of rights, and the secondary emphasis on the punishment of

offences. Looking at the processes of justice from the outside, and

describing things by their appearance, one might say that in many parts

of the continent of Europe an accused man looks guilty till he is proved

innocent; in America he looks innocent until his guilt is established.

The American tendency has its serious drawbacks,--legal delays, failures

to convict, immunity of criminals, and so on. These are unpleasant and

dangerous things. Yet, after all, when the thoughtful American looks at

his country quietly and soberly he feels that a fundamental sense of

justice prevails there not only in the courts but among the people. The

exceptions are glaring, but they are still exceptions. And when he

remembers the immense and inevitable perils of a republic, he reassures

himself by considering the past history and the present power of the

Supreme Court, that great bulwark against official encroachment,

legislative tyranny, and mobocracy,--that grave and majestic symbol of

the spirit of fair play. A republic with such an institution at the

centre of its national conscience has at least one instrument of

protection against the dangers which lurk in the periphery of its own

passions.

If you should ask me for a second illustration of the spirit of fair

play in America, I should name religious liberty and the peaceful

independence of the churches within the state. I do not call it the

"Separation of Church and State," because I fear that in France the

phrase might carry a false meaning. It might convey the impression of a

forcible rupture, or even a feeling of hostility, between the government

and the religious bodies. Nothing of that kind exists in America. The

state extends a firm and friendly protection to the adherents of all

forms of religious belief or unbelief, defending all alike in their

persons, in the possession of their property, and in their chosen method

of pursuing happiness, whether in this world or in the next. It

requires only that they shall not practise as a part of their cult

anything contrary to public morality, such as polygamy, or physical

cruelty, or neglect of children. Otherwise they are all free to follow

the dictates of conscience in worshipping or in not worshipping, and in

so doing they are under the shield of government.

This is guaranteed not only by the Constitution of the United States,

but also by the separate State constitutions, so far as I know, without

exception. Moreover, the general confidence and good-will of the state

towards the churches is shown in many ways. Property used for religious

purposes is exempted from taxation,--doubtless on the ground that these

purposes are likely to promote good citizenship and orderly living.

Religious marriage is recognized, but not required; and the act of a

minister of any creed is, in this particular, as valid and binding as if

he were a magistrate. But such marriages must be witnessed and

registered according to law, and no church can annul them. It is the

common practice to open sessions of the legislature, national and State,

with an act of prayer; but participation in this act is voluntary. The

President, according to ancient custom, appoints an annual day of

national thanksgiving in the month of November, and his proclamation to

this effect is repeated by the governors of the different States. But

here, again, it is a proclamation of liberty. The people are simply

recommended to assemble in their various places of worship, and to give

thanks according to their conscience and faith.

The laws against blasphemy and against the disturbance of public worship

which exist in most of the States offer an equal protection to a Jewish

synagogue, a Catholic cathedral, a Buddhist temple, a Protestant church,

and a Quaker meeting-house; and no citizen is under any compulsion to

enter any one of these buildings, or to pay a penny of taxation for

their support. Each religious organization regulates its own affairs and

controls its own property. In cases of dispute arising within a church

the civil law has decided, again and again, that the rule and

constitution of the church itself shall prevail.

But what of the religious bodies which exist under this system? Do not

imagine that they are small, feeble, or insignificant; that they are

content to be merely tolerated; that they feel themselves in any way

impotent or slighted. They include the large majority of the American

people. Twelve millions are adherents of the Catholic Church. The

adherents of the Protestant churches are estimated to number between

forty and fifty millions. But neither as a whole, nor in any of their

separate organizations, do the religious people of America feel that

they are deprived of any real rights or robbed of any just powers.

It is true that the different churches are sometimes very jealous of one

another. But bad as that may be for them, from a political point of view

it is rather a safeguard.

It is true that ecclesiastics sometimes have dreams, and perhaps

schemes, which look towards the obtaining of special privileges or

powers for their own organization. But that is because ecclesiastics are

human and fallible. In the main, you may say with confidence that there

is no party or sect in America that has the slightest wish to see church

and state united, or even entangled. The American people are content and

happy that religion should be free and independent. And this contentment

arises from three causes.

First, religious liberty has come naturally, peacefully, in a moderate

and friendly temper, with consideration for the conscience and the

rights of all, and at the same time, if I mistake not, with a general

recognition that the essence of religion, personal faith in a spiritual

life and a Divine law, is a purifying, strengthening, elevating factor

in human society.

Second, the churches have prospered in freedom; they are well-to-do,

they are active, they are able to erect fine edifices, to support their

clergy, to carry on benevolent and missionary enterprises on an immense

scale, costing many millions of dollars every year. The voluntary system

has its great disadvantages and drawbacks,--its perils, even. But upon

the whole, religious people in America, Catholics, Protestants, and Jews

alike, feel that these are more than counterbalanced by the devotion

which is begotten and nourished by the very act of making gifts and

sacrifices, and by the sober strength which comes into a man's faith

when he is called to support it by his works.

Men value what they pay for. But this is true only when they pay for

what they really want.

Third, and chiefly, religious liberty commends itself to the Americans

because they feel that it is the very highest kind of fair play. That a

man should have freedom in the affairs of his soul is certainly most

vital to his pursuit of happiness. The noble example of tolerance which

was set to the American colonies by the Quakers of Pennsylvania, the

Baptists of Rhode Island, and the Catholics of Maryland, prevailed

slowly but surely over the opposite example of the Puritans of

Massachusetts and the Anglicans of Virginia. The saying of William of

Orange, "Conscience is God's province," has become one of the watchwords

of America.

In a country which, as a matter of fact, is predominantly Christian and

Protestant, there is neither establishment nor proscription of any form

of faith. In the President's cabinet (1908) I personally know a Jew, a

Catholic, a Presbyterian, an Episcopalian, and a Methodist. The

President himself is a member of one of the smallest denominations in

the country, the Dutch Reformed.

Nor is unfaith penalized or persecuted. A recent writer on America has

said that "an avowed atheist is not received in any social circles above

that of the ordinary saloon." Well, an atheist avowed in definite and

unmistakable terms, a man who positively affirms that there is no God,

is a very difficult person to find in this world of mystery. But a

positivist, a free-thinker, a Voltairean, a sceptic, an agnostic, an

antisupernaturalist of any kind, has the same rights and privileges as

any other man. In America, if his life is clean and his manners decent,

he goes everywhere. You may meet him in the best clubs, and in social

circles which are at the farthest remove from the saloon. This is not

because people like his opinions, but because they feel he is entitled

to form them for himself. They take it for granted that it is as

impossible to correct unbelief by earthly penalties as it is to deprive

faith of its heavenly rewards.

I do not say that this is the right attitude, the only reasonable

attitude. I do not wish to persuade any one to adopt it. I say only that

it is the characteristic attitude of the Americans, and that sincerely

religious people hold it, in the Catholic Church and in the Protestant

Church. It may be that the spirit of fair play has blinded them. It may

be that it has enlightened them. Be that as it may, they have passed

beyond the point of demanding freedom of conscience for themselves to

that of conceding it to others. And in this they think that they are

acting in accordance with the Divine will and example.

An anecdote will illustrate this attitude better than many paragraphs of

explanation. In the older American colleges, which were independent of

state control, the original course of study was uniform and prescribed,

and chapel services were held which the students were required to

attend. Elective studies came in. The oldest of the universities made

attendance at chapel voluntary. "I understand," said a critic to the

president of the university, "that you have made God an elective in your

college." The President thought for a moment. "No," said he, "we

understand that He has made Himself elective everywhere."

There are certain singular limitations in the spirit of fair play in

America of which I must say a word in order to play fair. Chief among

these is the way in which the people of the colonies and of the United

States dealt for many years with the races which have not a white skin.

The American Indians, in the seventeenth and eighteenth centuries,

undoubtedly sinned as much as they were sinned against. They were

treacherous, implacable, unspeakably cruel, horribly bloodthirsty. It is

no wonder that the colonists regarded them as devils. It is no wonder

that the feeling of mistrust and resentment persisted from one

generation to another. But the strange thing is that when the Indians

were subjugated and for the most part pacified, America still treated

them from a hostile and alien point of view, denied them the rights of

citizenship, took their property from them, and made it very difficult

for them to pursue happiness in any reasonable form. For many years this

treatment continued. It was so glaring that a book was written which

described the Indian policy of the United States, not altogether

unjustly, as _A Century of Dishonor_. To-day all this is changed. The

scattered and diminished remnants of the red men are admitted to

citizenship if they wish it, and protected in their rights, and private

benevolence vies with government in seeking to better their condition.

The African race, introduced into America for industrial reasons,

multiplied more rapidly there than in its native home, and soon became a

large factor in the population. But it was regarded and treated from a

point of view totally different from that which controlled the treatment

of the white factors. It did not share in the rights enumerated in the

Declaration of Independence. It was an object of commerce, a source of

wealth, a necessity of agriculture. The system of domestic slavery held

practically all of the negroes in bondage (in spite of the fact that the

Northern States abandoned it, and many of the best men in the South

disliked it and protested against it) until the third quarter of the

nineteenth century. It was approved, or at least tolerated, by the

majority of the people until the Civil War did away with it. It has left

as a legacy of retribution the most difficult and dangerous problem of

America,--perhaps the greatest and most perplexing problem that any

nation has ever had to face.

Nine millions of negroes, largely ignorant and naturally ill-fitted for

self-government, are domiciled in the midst of a white population which

in some sections of the South they outnumber. How to rule, protect, and

educate this body of coloured people; how to secure them in their civil

rights without admitting them to a racial mixture--that is the problem.

The Oriental races, recently coming to America in increasing numbers,

receive from the people a welcome which cannot be described as cordial.

The exclusion of the Chinese from citizenship, and in some States from

immigration, is but a small symptom of the general situation. If any

considerable number of Burmese or East Indians or Japanese should come,

the situation would be the same, and it would be intensified with the

increase of the numbers. They would not find the Americans inclined to

make an open career for the Oriental talents.

Understand, I am not now condemning this state of affairs, nor am I

defending it. That is not my business. I am simply trying to describe

it. How is it to be reconciled with the spirit of fair play? I do not

know. Perhaps reconciliation is impossible. But a partial understanding

of the facts is possible, if you take into account _the doctrine of

inferior races_.

This doctrine is not held or defended by all Americans. Some on

religious grounds, some on philosophic grounds, would deny it. But on

the mass of the people it has a firm, though in part an unrecognized,

hold. They believe--or perhaps feel would be a better word--that the

white race has an innate superiority to the coloured races. From this

doctrine they have proceeded to draw conclusions, and curiously enough

they have put them in the form of fair play. The Indians were not to be

admitted to citizenship because they were the wards of the nation. The

negroes were better off under slavery because they were like children,

needing control and protection. They must still be kept in social

dependence and tutelage because they will be safer and happier so. The

Orientals are not fit for a share in American citizenship, and they

shall not be let in because they will simply give us another inferior

race to be taken care of.

I do not propose to discuss the philosophical consistency of such

arguments. It is difficult to imagine what place Rousseau would have

found for them in his doctrine of the state of nature and the rights of

man.

The truth is that the Spirit of America has never been profoundly

impressed with the idea of philosophical consistency. The Republic finds

herself face to face not with a theory but with a condition. It is the

immense mass of the African population that creates the difficulty for

America. She means to give equal civil rights to her nine million

negroes. She does not mean to let the black blood mix with the white.

Whatever social division may be necessary to prevent this immense and

formidable adulteration must be maintained intact.

Here, it seems to me, is the supreme test which the Spirit of America

has to meet. In a certain sense the problem appears insoluble because it

involves an insoluble race. But precisely here, in the necessity of

keeping the negro race distinct, and in the duty of giving it full

opportunity for self-development, fair play may find the occasion for a

most notable and noble triumph.

I have left but a moment in which to speak of the influence of the kind

of democracy which exists in America upon social conditions. In a word:

it has produced a society of natural divisions without closed

partitions, a temper of independence which shows itself either as

self-assertion or self-respect according to the quality of the man, and

an atmosphere of large opportunity which promotes general good humour.

In America, as elsewhere, people who have tastes and capacities in

common consort together. An uneducated man will not find himself at ease

in the habitual society of learned men who talk principally about books.

A poor man will not feel comfortable if he attempts to keep company with

those whose wealth has led them to immerse themselves in costly

amusements. This makes classes, if you like, ranks, if you choose to

call them so.

Moreover you will find that certain occupations and achievements which

men have generally regarded with respect confer a kind of social

distinction in America. Men who have become eminent in the learned

professions, or in the army or navy, or in the higher sort of politics;

men who have won success in literature or the other fine arts; men who

have done notable things of various kinds,--such persons are likely to

know each other better and to be better known to the world than if they

had done nothing. Furthermore there are families in which this kind of

thing has gone on from generation to generation; and others in which

inherited wealth, moderate or great, has opened the way to culture and

refinement; and others in which newly acquired wealth has been used with

generosity and dignity; and others in which the mere mass of money has

created a noteworthy establishment. These various people, divided among

themselves by their tastes, their opinions, and perhaps as much as

anything else by their favourite recreations, find their way into the

red book of _Who's Who_, into the blue book of the Social Register.

Here, if you have an imaginative turn of mind, you may discover (and

denounce, or applaud, or ridicule) the beginnings of an aristocracy.

But if you use that word, remember that it is an aristocracy without

legal privilege or prerogative, without definite boundaries, and without

any rule of primogeniture. Therefore it seems to exist in the midst of

democracy without serious friction or hostility. The typical American

does not feel injured by the fact that another man is richer, better

known, more influential than himself, unless he believes that the

eminence has been unfairly reached. He respects those who respect

themselves and him. He is ready to meet the men who are above him

without servility, and the men who are beneath him without patronage.

True, he is sometimes a little hazy about the precise definition of

"above" and "beneath." His feeling that all the doors are open may lead

him to act as if he had already passed through a good many of them.

There is at times an "I-could-if-I-would" air about him which is rather

disconcerting.

There are great differences among Americans, of course, in regard to

manners, ranging all the way from the most banal formality to the most

exquisite informality. But in general you may say that manners are taken

rather lightly, too lightly, perhaps, because they are not regarded as

very real things. Their value as a means of discipline is often

forgotten. The average American will not blush very deeply over a social

blunder; he will laugh at it as a mistake in a game. But to really hurt

you, or to lower his own independence, would make him feel badly indeed.

The free-and-easy atmosphere of the streets, the shops, the hotels, all

public places, always strikes the foreigner, and sometimes very

uncomfortably. The conductor on the railway car will not touch his hat

to you; but, on the other hand, he does not expect a fee from you. The

workman on the street of whom you ask a question will answer you as an

equal, but he will tell you what you want to know. In the country the

tone of familiarity is even more marked. If you board for the summer

with a Yankee farmer, you can see that he not only thinks himself as

good as you are, but that he cultivates a slightly artificial pity for

you as "city folks."

In American family life there is often an absence of restraint and

deference, in school and college life a lack of discipline and

subordination, which looks ugly, and probably is rather unwholesome. One

sometimes regrets in America the want of those tokens of respect which

are the outward and visible sign of an inward and spiritual grace.

But, on the other hand, there is probably more good feeling,

friendliness, plain human kindness, running around loose in America than

anywhere else in the world. The sense of the essential equality of

manhood takes away much of the sting of the inequalities of fortune. The

knowledge of the open door reduces the offence of the stairway. It is

pleasant and wholesome to live with men who have a feeling of the

dignity and worth of their own occupations.

Our letter-carrier at Princeton never made any difference in his

treatment of my neighbour President Cleveland and myself. He was equally

kind to both of us, and I may add equally cheerful in rendering little

friendly services outside of his strict duty. My guides in the backwoods

of Maine and the Adirondacks regard me as a comrade who curiously enough

makes his living by writing books, but who also shows that he knows the

real value of life by spending his vacation in the forest. As a matter

of fact, they think much more of their own skill with the axe and paddle

than of my supposed ability with the pen. They have not a touch of

subservience in their manner or their talk. They do their work

willingly. They carry their packs, and chop the wood, and spread the

tents, and make the bed of green boughs. And then, at night, around the

camp-fire, they smoke their pipes with me, and the question is, Who can

tell the best story?

IV

WILL-POWER, WORK, AND WEALTH

IV

WILL-POWER, WORK, AND WEALTH

The Spirit of America is best known in Europe by one of its

qualities,--_energy_. This is supposed to be so vast, so abnormal, that

it overwhelms and obliterates all other qualities, and acts almost as a

blind force, driving the whole nation along the highroad of unremitting

toil for the development of physical power and the accumulation of

material wealth.

_La vie intense_--which is the polite French translation of "the

strenuous life"--is regarded as the unanimous choice of the Americans,

who are never happy unless they are doing something, and never satisfied

until they have made a great deal of money. The current view in Europe

considers them as a well-meaning people enslaved by their own restless

activity, bound to the service of gigantic industries, and captive to

the adoration of a golden idol. But curiously enough they are often

supposed to be unconscious both of the slavery and of the idolatry; in

weaving the shackles of industrious materialism they imagine themselves

to be free and strong; in bowing down to the Almighty Dollar they

ignorantly worship an unknown god.

This European view of American energy, and its inexplicable nature, and

its terrible results, seems to have something of the fairy tale about

it. It is like the story of a giant, dreadful, but not altogether

convincing. It lacks discrimination. In one point, at least, it is

palpably incorrect. And with that point I propose to begin a more

careful, and perhaps a more sane, consideration of the whole subject.

It is evidently not true that America is ignorant of the dangers that

accompany her immense development of energy and its application in such

large measure to material ends. Only the other day I was reading a book

by an American about his country, which paints the picture in colours as

fierce and forms as flat as the most modern of French decadent painters

would use.

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