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NOTES ON DEMOCRACY

Catholics faced the same disability in Massachusetts, like anti-Semites in New York, and that in every State there were classes similarly proscribed. I do not here allude to the natural difficulty that every man of notoriously heterodox ideas must encounter every time he faces a jury, which is to say, twelve men of limited information and intelligence, chosen precisely because of their lack of intellectual resilience. I am speaking of the hostility he must look for in prosecuting officers and judges, and in the newspapers that sit in judgment upon them and largely determine their fortunes. I am speaking of what has come to be a settled practice in American criminal law.

It is difficult, indeed, for democracy to reconcile itself to what may be called common decency. By this common decency I mean the habit, in the individual, of viewing with tolerance and charity the acts and ideas of other individuals—the habit which makes a man a reliable friend, a generous opponent, and a good citizen. The democrat, despite his strong opinion to the contrary, is seldom a good citizen. In that sense, as in most others, he falls distressfully short. His eagerness to bring all his fellow-

—172—