I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.
H.L. Mencken, “The Malevolent Jobholder”, The American Mercury, 1924-06.
July 5, 2016
QotD: A government reform proposal
June 26, 2016
QotD: Liberty and Democracy
Liberty and democracy are eternal enemies, and every one knows it who has ever given any sober reflection to the matter. A democratic state may profess to venerate the name, and even pass laws making it officially sacred, but it simply cannot tolerate the thing. In order to keep any coherence in the governmental process, to prevent the wildest anarchy in thought and act, the government must put limits upon the free play of opinion. In part, it can reach that end by mere propaganda, by the bald force of its authority — that is, by making certain doctrines officially infamous. But in part it must resort to force, i.e., to law. One of the main purposes of laws in a democratic society is to put burdens upon intelligence and reduce it to impotence. Ostensibly, their aim is to penalize anti-social acts; actually their aim is to penalize heretical opinions. At least ninety-five Americans out of every 100 believe that this process is honest and even laudable; it is practically impossible to convince them that there is anything evil in it. In other words, they cannot grasp the concept of liberty. Always they condition it with the doctrine that the state, i.e., the majority, has a sort of right of eminent domain in acts, and even in ideas — that it is perfectly free, whenever it is so disposed, to forbid a man to say what he honestly believes. Whenever his notions show signs of becoming “dangerous,” ie, of being heard and attended to, it exercises that prerogative. And the overwhelming majority of citizens believe in supporting it in the outrage. Including especially the Liberals, who pretend — and often quite honestly believe — that they are hot for liberty. They never really are. Deep down in their hearts they know, as good democrats, that liberty would be fatal to democracy — that a government based upon shifting and irrational opinion must keep it within bounds or run a constant risk of disaster. They themselves, as a practical matter, advocate only certain narrow kinds of liberty — liberty, that is, for the persons they happen to favor. The rights of other persons do not seem to interest them. If a law were passed tomorrow taking away the property of a large group of presumably well-to-do persons — say, bondholders of the railroads — without compensation and without even colorable reason, they would not oppose it; they would be in favor of it. The liberty to have and hold property is not one they recognize. They believe only in the liberty to envy, hate and loot the man who has it.
H.L. Mencken, “Liberty and Democracy”, Baltimore Evening Sun, 1925-04-13.
June 23, 2016
QotD: Love of liberty
The fact is that the average man’s love of liberty is nine-tenths imaginary, exactly like his love of sense, justice and truth. He is not actually happy when free; he is uncomfortable, a bit alarmed, and intolerably lonely. Liberty is not a thing for the great masses of men. It is the exclusive possession of a small and disreputable minority, like knowledge, courage and honor. It takes a special sort of man to understand and enjoy liberty — and he is usually an outlaw in democratic societies.
H.L. Mencken, Baltimore Evening Sun, 1923-02-12.
June 15, 2016
QotD: American secular puritanism
If there is one mental vice, indeed, which sets off the American people from all other folks who walk the earth … it is that of assuming that every human act must be either right or wrong, and that ninety-nine percent of them are wrong.
H.L. Mencken, “The American: His New Puritanism”, The Smart Set, 1914-02.
June 12, 2016
QotD: Women and men
Women have a hard time of it in this world. They are oppressed by man-made laws, man-made social customs, masculine egoism, the delusion of masculine superiority. Their one comfort is the assurance that, even though it may be impossible to prevail against man, it is always possible to enslave and torture a man.
H.L. Mencken, “Duty Before Security”, The Smart Set, 1919-06.
June 5, 2016
QotD: The most dangerous man to any government
All government, in its essence, is a conspiracy against the superior man: its one permanent object is to oppress him and cripple him. If it be aristocratic in organization, then it seeks to protect the man who is superior only in law against the man who is superior in fact; if it be democratic, then it seeks to protect the man who is inferior in every way against both. One of its primary functions is to regiment men by force, to make them as much alike as possible and as dependent upon one another as possible, to search out and combat originality among them. All it can see in an original idea is potential change, and hence an invasion of its prerogatives. The most dangerous man to any government is the man who is able to think things out for himself, without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane and intolerable, and so, if he is romantic, he tries to change it. And even if he is not romantic personally he is very apt to spread discontent among those who are.
H.L. Mencken, The Smart Set, 1919-12.
May 26, 2016
QotD: The weaknesses of laws
The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.
H.L. Mencken, Editorial in The American Mercury, 1924-05.
May 20, 2016
QotD: The law and the US constitution
Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. If the right pressure could be applied to him, he would be cheerfully in favor of polygamy, astrology or cannibalism.
It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit. The Fathers, in framing it, did not have powerful minorities in mind; what they sought to hobble was simply the majority. But that is a detail. The important thing is that the Bill of Rights sets forth, in the plainest of plain language, the limits beyond which even legislatures may not go. The Supreme Court, in Marbury v. Madison, decided that it was bound to execute that intent, and for a hundred years that doctrine remained the corner-stone of American constitutional law.
H.L. Mencken, The American Mercury, 1930-05.
May 16, 2016
QotD: The value of criticism
Critical note — Of a piece with the absurd pedagogical demand for so-called constructive criticism is the doctrine that an iconoclast is a hollow and evil fellow unless he can prove his case. Why, indeed, should he prove it? Is he judge, jury, prosecuting officer, hangman? He proves enough, indeed, when he proves by his blasphemy that this or that idol is defectively convincing — that at least one visitor to the shrine is left full of doubts. The fact is enormously significant; it indicates that instinct has somehow risen superior to the shallowness of logic, the refuge of fools. The pedant and the priest have always been the most expert of logicians — and the most diligent disseminators of nonsense and worse. The liberation of the human mind has never been furthered by dunderheads; it has been furthered by gay fellows who heaved dead cats into sanctuaries and then went roistering down the highways of the world, proving to all men that doubt, after all, was safe — that the god in the sanctuary was finite in his power and hence a fraud. One horse-laugh is worth ten thousand syllogisms. It is not only more effective; it is also vastly more intelligent.
H.L. Mencken, “Clinical Notes”, The American Mercury, 1924-01.
May 11, 2016
QotD: They call them “revolutions” for a reason
Off goes the head of the king, and tyranny gives way to freedom. The change seems abysmal. Then, bit by bit, the face of freedom hardens, and by and by it is the old face of tyranny. Then another cycle, and another. But under the play of all these opposites there is something fundamental and permanent — the basic delusion that men may be governed and yet be free.
H.L. Mencken, Preface to the first edition of The American Credo : A Contribution Toward the Interpretation of the National Mind, 1920.
April 29, 2016
QotD: American liberty
The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if the motto “In God we trust” were one day expunged from the coins of the republic by the Junkers at Washington, and the far more appropriate word, “verboten,” substituted. Nor would it astound any save the most romantic if, at the same time, the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.
H.L. Mencken, The American Credo: A Contribution toward the Interpretation of the National Mind, 1920.
April 25, 2016
QotD: Epitaph
If, after I depart this vale, you ever remember me and have thought to please my ghost, forgive some sinner and wink your eye at some homely girl.
H.L. Mencken, “Epitaph”, Smart Set, 1921-12.
March 3, 2016
QotD: The American presidency
When a candidate for public office faces the voters he does not face men of sense; he faces a mob of men whose chief distinguishing mark is the fact that they are quite incapable of weighing ideas, or even of comprehending any save the most elemental — men whose whole thinking is done in terms of emotion, and whose dominant emotion is dread of what they cannot understand. So confronted, the candidate must either bark with the pack or be lost… All the odds are on the man who is, intrinsically, the most devious and mediocre — the man who can most adeptly disperse the notion that his mind is a virtual vacuum. The Presidency tends, year by year, to go to such men. As democracy is perfected, the office represents, more and more closely, the inner soul of the people. We move toward a lofty ideal. On some great and glorious day the plain folks of the land will reach their heart’s desire at last, and the White House will be adorned by a downright moron.
H.L. Mencken, Baltimore Sun, 1920-07-26.
September 3, 2015
QotD: The lingering malady of poetry
For no man, of course, ever quite gets over poetry. He may seem to have recovered from it, just as he may seem to have recovered from the measles of his school-days, but exact observation teaches us that no such recovery is ever quite perfect; there always remains a scar, a weakness and a memory.
Now, there is reason for maintaining that the taste for poetry, in the process of human development, marks a stage measurably later than the stage of religion. Savages so little cultured that they know no more of poetry than a cow have elaborate and often very ingenious theologies. If this be true, then it follows that the individual, as he rehearses the life of the species, is apt to carry his taste for poetry further along than he carries his religion — that if his development is arrested at any stage before complete intellectual maturity that arrest is far more likely to leave hallucinations.
H.L. Mencken, “The Nature of Faith”, Prejudices, Fourth Series, 1924.
August 29, 2015
QotD: Superstitions
If, as the Army tests of conscripts showed, nearly 50 per cent. of American adult males never get beyond the mental development of a twelve-year-old child, then it must be obvious that a much smaller number get beyond the mental development of a youth at the end of his teens. I put that number, at a venture, at 5 per cent. The remaining 95 per cent never quite free themselves from religious superstitions. They may no longer believe it is an act of God every time an individual catches a cold, or sprains his ankle, or cuts himself shaving, but they are pretty sure to see some trace of divine intervention in it if he is struck by lightning, or hanged, or afflicted with leprosy or syphilis.
H.L. Mencken, “The Nature of Faith”, Prejudices, Fourth Series, 1924.
