We must remember that law is not a creative force. It produces nothing. It raises neither corn nor wine. The legitimate object of law is to protect the weak, to prevent violence and fraud, and to enforce honest contracts, to the end that each person may be free to do as he desires, provided only that he does not interfere with the rights of others. Our fathers tried to make people religious by law. They failed. Thousands are now trying to make people temperate in the same manner. Such efforts always have been and probably always will be failures. People who believe that an infinite God gave to the Hebrews a perfect code of laws, must admit that even this code failed to civilize the inhabitants of Palestine.
It seems impossible to make people just or charitable or industrious or agreeable or successful, by law, any more than you can make them physically perfect or mentally sound. Of course we admit that good people intend to make good laws, and that good laws faithfully and honestly executed, tend to the preservation of human rights and to the elevation of the race, but the enactment of a law not in accordance with a sentiment already existing in the minds and hearts of the people--the very people who are depended upon to enforce this law--is not a help, but a hindrance. A real law is but the expression, in an authoritative and accurate form, of the judgment and desire of the majority. As we become intelligent and kind, this intelligence and kindness find expression in law.
But how is it possible to fix the wages of every man? To fix wages is to fix prices, and a government to do this intelligently, would necessarily have to have the wisdom generally attributed to an infinite Being. It would have to supervise and fix the conditions of every exchange of commodities and the value of every conceivable thing. Many things can be accomplished by law, employeers may be held responsible for injuries to the employed. The mines can be ventilated. Children can be rescued from the deformities of toil--burdens taken from the backs of wives and mothers--houses made wholesome, food healthful--that is to say, the weak can be protected from the strong, the honest from the vicious, honest contracts can be enforced, and many rights protected.