To be sure, we must again and again emphasize two things. In the first place, it is probable that nine-tenths of the charges are exaggerated and slanderous. The punishments are so considerable, the means of investigation so active, and the public watchfulness so keen, both on account of the party hostility and by virtue of a sensational press, that it would be hardly comprehensible psychologically, if political crime in the lowest strata of city or state were to be really anything but the exception. The many almost fanatically conducted investigations produce from their mountains of transactions only the smallest mice, and the state attorney is seldom able to make out a case of actual bribery. In this matter the Anglo-Americans are pleased to point out that wherever investigations have ended in making out a case which could really be punished, the person has been generally an Irishman or some other European immigrant. In any case, the collection of immigrants from Europe in the large cities contributes importantly to the unhappy condition of city politics.
In the second place, we must urge once more that the mere distribution of well-paid municipal positions to party politicians is not necessarily in itself an abuse. When, for instance, in a large city, a Republican is succeeded by a Democratic mayor, he can generally bestow a dozen well-paid and a hundred or two more modest commissions to men who have helped in the party victory. But he will be careful not to pick out those who are wholly unworthy, since that would not only compromise himself, but would damage his party and prevent its being again victorious. If he succeeds, on the other hand, in finding men who will serve the city industriously, intelligently, and ably in proportion to their pay, it is ridiculous to call the promise of such offices by way of party reward in any sense a plundering of the city, or to make it seem that the giving of positions to colleagues of one’s party is another sort of corruption.
The evils of public life and the possibility of criminal practices are not confined to legislative and executive bodies. The judiciary also has its darker side. One must believe fanatically in the people in order not to see what judicial monstrosities occasionally come out of the emphasis which is given to the jury system. The law requires that the twelve men chosen from the people to the jury must come to a unanimous decision; they are shut in a room together and discuss and discuss until all twelve finally decide for guilty or not guilty. If they are not unanimous, no verdict is given, and the whole trial has to begin over again. A single obstinate juryman, who clings to his particular ideas, is able, therefore, to outweigh the decision of the other eleven. And it is to be remembered that every criminal case is tried before a jury. The case is still worse if all twelve agree, but agree only in their prejudices. Especially in the South, but also in the West sometimes, juries return decisions which simply insult the intelligence of the country. It is true that the unfairness is generally in the direction of declaring the defendant not guilty.