BREWER, DAVID J.

English

Yale Law School Legal Scholarship Repository

YALE
LAW JOURNAL
VOL. X. APRIL, 1901. No. 6
PERSONAL CHARACTER AS A RESPONSIBILITY
OF CITIZENSHIP.
BY HON. DAVID J. BREWER,
ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES.
BEING THB SECOND OP THE LECTURES IN THE DODGE COURSE DELrVMRD AT YALE
UXIERSITY.
I endeavored to develop in my last lecture the thought
that there were responsibilities resting upon every citizen of
every nation by virtue of his citizenship, and that no such
responsibilities were greater than those which rested upon a
citizen of this republic. If it be true that the responsibility of
an American citizen is greater than that of a citizen of any
other nation, it becomes correspondingly important to know
what action on his part such responsibility calls for. To say
that an individual is responsible, and not define what his
responsibilities are, to say that he owes duties and obligations
and not make clear the nature and extent of those duties
and obligations, is to leave the matter less than half dis-
closed. May he by a single act satisfy the full measure of
his responsibility and relieve himself from all further ob-
ligations? If not, what must he do, and how often
must he act? It is one of the weaknesses of our nature
to desire to be rid entirely of obligations, or if not rid
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entirely to discharge them by a single act. We would
be benevolent, charitable, but would gladly give a thousand or
more dollars in a single sum if thereby we could cancel all our
obligations in that direction. We would be religious, but how
many would fain limit their religion, like the putting on of a
clean shirt and the wearing of best clothes, to Sunday? We all
look forward hopefully to an entrance into heaven, but wish
there was some kindly power who could sell us a ticket, receive
the price and end the transaction at once. This having ever-
more over us a responsibility which never fails in its demands,
and which continues until our latest breath, is something from
which we gladly turn. So I wish to impress upon you this
afternoon the thought that the responsibility of a citizen is
something which, like the heart-beat, stays with him through
life, the care of which is essential to his own highest develop-
men t, and in the constant recognition of whose obligations is
alone found the successful life of the nation. And in order to
develop this thought I must notice some of the many obliga-
tions which rest upon the citizen, and some of the duties
imposed upon him. I use the plural nouns because it is a mis-
take to suppose that there is but a single obligation or a single
duty to be performed. No one can say "I have voted at every
election, and in so doing I have discharged my entire duty to
the republic," or "I have served faithfully as a soldier in the
army, and so have fulfilled the whole measure of my obligation
to the nation," any more than a parent can say "I have fed
my child, and thus have discharged the full measure of my
duty to him."
The first matter which I shall notice is what may be called
the obligation of personal character. In other words, each
citizen owes to the nation the duty of maintaining in himself a
high, clean, moral character. His personal morality is a debt
to the nation. Indeed, it is a part of the nation's morality. I
mention this first because it is of primary importance, an obli-
gation which is binding upon all citizens, and binding at all
times, and in all places: There is no break or cessation in its
force, and there are no conditions or circumstances under or by
which any citizen is released from its demands.
It may be said that character is a personal matter, that
the maintenance of one which is free from stain is the discharge
of a duty to one's self, or, at most, only to one's family and
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PERSONAL CHARACTER AND CITIZENSHIP. 231
friends, or to God. I do not question the force of the obliga-
tion in all these directions, but I assert that in addition thereto
the making and keeping of a high and noble character is one of
the duties of the individual to the nation, and to be numbered
among the responsibilities of citizenship.
A nation may be regarded in a two-fold aspect. In the one
it is to be viewed as standing over against the individual, an
artificial entity separate and distinct from all its citizens, thus
coming closely within the definition of a corporation, as given
by Chief Justice Marshall; in the other, and a perfectly con-
sistent aspect, it is to be regarded as an aggregation of individ-
uals. In the one it is a unit; in the other a collection of units.
In either case, the moral element is the bright coloring of the
picture. We speak of international law as a body of rules
regulating the intercourse of nations. In this the nation is an
artificial entity-an incorporeal being-a unit among nations,
one whose conduct is to be regulated by certain rules adopted
by the family of nations. This individuality, this singleness of
national life, is as true of this republic as of any other nation,
and this whether we say The United States of America are, or
The United States of America is. The one expression simply
indicates the Federal system under which the nation exists. A
nation in its dealings with other nations is bound to certain
rules of conduct which it is universally conceded should be
founded upon justice and righteousness. The declaration of
scripture, "Righteousness exalteth a nation; but sin is a re-
proach to any people," is a sound maxim of international law.
Indeed, some writers have gone so far as to assert that such
declaration is the foundation upon which that law rests, and
that by it alone, and without regard to actual approval or
practical recognition by the nations, may be determined
whether a certain course of conduct has the sanction of inter-
national law. Be that as it may, the moral element in a
nation's life, looking at it as one among many nations, is
beyond dispute.
Again, while we look upon the nation in its relations to
other nations and for the purpose of determining its interna-
tional rights and duties as a unit, in the other aspect it is a
mere assemblage of a multitude of individuals. As the nation
is the aggregation of the lives and forces of all its citizens, so
is its character the combined total of the character of those in-
dividuals. If all these are savages, the tribe or nation which
is thus composed is itself a savage tribe or nation. If all are
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civilized and enlightened, the nation is civilized and enlightened.
In other words, the nation is not simply the numerical aggre-
gation of so many individuals, but is the combination of all
the mental and moral characteristics of those individuals.
That which can be affirmed of all the citizens can with equal
truth be affirmed of the nation. You cannot disassociate the
character of the nation and the character of its citizens. You
cannot have an ideally perfect nation whose citizens are thor-
oughly bad, and if all the citizens live up to the highest possi-
bilities of their lives you may be sure that the nation of which
they are citizens stands out before the world as one whose
ideals are of the highest. A good man does not intentionally
do a bad act. Ten good men acting together are equally
honest, and so if all the citizens of a nation are animated by
the one purpose the acts of the nation will likewise be above
the plane of intentional wrong.
No one can excuse himself from his duty to the State to
establish and maintain a good personal character on the plea
that he is but one of a great multitude, and therefore his single
life and character count for little or nothing. Doubtless the
influence of one bad man is more obvious in a small than in a
large society. If a community were composed of but ten persons,
of whom half were good and the other half bad, who would
not expect to see the influence of the latter half making a pow-
erful impression on the general life? While, on the other hand,
if it were composed of a hundred and only five were bad, the
predominance of the good would go far to establish the good
character of the organized whole. But the presence of even a
single bad man in any society is an influence for evil. It is a
blot on its character. A single flaw in a diamond detracts from
its worth, and although the great mass of the crystal is per-
fectly pure, yet the single flaw is always seen and discredits the
value. If there be but one black sheep in a flock, every passer-
by notices that sheep, and so a single bad man in a community
becomes an obvious element of disgrace. Nor is it a mere ques-
tion of appearance. It is not simply that there is a flaw-a
black sheep. The influence of that man is constantly for evil.
"A little leaven leaveneth the whole lump," and character is
one of those potent things which, going out beyond the indi-
vidual, touches for good or for ill all within its reach. No
man liveth unto himself alone. We stamp our impress on the
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PERSONAL CHARACTER AND CITIZENSHIP. 233
immediate community in which we dwell, and through that
community affect for weal or woe the great nation of which
we are a part. The inexperienced, the unwary, all become
more or less affected by a bad man's influence, and over the
community as a whole the shadow rests. So no man can say
he is but one in a thousand and it matters not that he is vile,
that his character is bad, for not only will his bad character
cast a shadow, but also will his influence reach and demor-
alize far and wide.
But one may say, 'This is all very true of those who are
rulers, who hold the offices, who are the leaders in society,
whose opinions are quoted, whose power is felt, but as for me,
I live an unnoticed life, and therefore what difference does my
character make in the national life." It is undoubtedly true
that the higher the position a man holds, and the greater the
influence he possesses, the more important is his good character
to the community. All appreciate this. Corruption in the
President or venality in the Supreme Court would be a terrible
blow to the nation's good name. Licentiousness, if any exists,
on the part of the nation's representatives, is carefully con-
cealed; and Mr. Roberts, of Utah, appreciates the fact that
even a Congressman is not permitted to have more than one
wife at a time. High position carries with it added responsi-
bility. "Noblesse oblige." Of him to whom ten talents were
given, ten talents additional were required. Yet it is equally
true that he to whom a single talent was given was not ex-
cused for leaving that talent idle. No one, however humble,
can relieve himself from responsibility. He may be but one out
of many, but he is one, and contributes to make up the general
character. He pours his breath into the social atmosphere, and
if that breath be poisonous he to some extent contaminates
the air. What would be the standing of this nation if only its
presidents and judges were pure and honest? Does any one
suppose that the character of the nation would be determined
by the few holding those positions? Indeed, how can we ex-
pect that they who occupy representative places will continue
pure and honest if the great mass of the people are not? If
the atmosphere in which these few live is filled with poison, can
they escape its effect? Aretheynot in fact upheld and strength-
ened in good conduct by their surroundings of good character?
Is not the integrity of our officials largely owing to the integ-
rity of the American people?
YALE LAW JOURNAL.
As a nation we stand face to face with a great fact. The
century and more of our national life has been lived in a career
of self-development and with an isolation from other nations
suggested by the words of wisdom in the farewell address of
"the father of his country." We have stood aloof from the
great events of the other hemisphere, endeavoring to maintain
a position of equal justice to all, but of equal separation from
all, content to uphold on this continent that which we
call the Monroe Doctrine, the separation and consecration of
this continent to those ideas of popular government which lie
at the foundation of this nation's life. But we enter the new
century under changed conditions. Commerce, whose mandate
no law can stay, whose excursions no law can check, is bring-
ing us, whether we will or no, into the great council of nations.
The accumulated products of our territory are pouring into
every quarter of the globe seeking a market. Our marvelous
inventive genius, showing itself in wonderful mechanical con-
trivances, is looking beyond the bounds of the new continent
for places in which that inventive skill may find some adequate
compensation. Japan, one nation ill the silent Orient, felt the
touch of our national activity, and she passed out of obscurity
into the great life of the world, and to-day stands as one of its
magnificent factors. China, that great mass of an effete civili-
zation, moving, yet moving slowly, even in the wondrous dis-
turbances which now agitate it, turns with abundant faith to
this nation for help in its time of distress. So, whether we wished
it ornot, we are forced into a position where our national life is
not simply to be considered in reference to those within the nation
but as an important and-dominant fact in the great councils of
the world. Shall we in these councils, and in our dealings with
others, followthe Tallyrand notion that language is something
to conceal rather thanto express thought, or shall we stand as
one nation at least whose purposes and life are measured by
absolute truth and honesty-a nation which has no secondary
and concealed motive in its dealings with others; a nation
which always says what it means and means what itsays, and
strives to have every utterance in accord with the highest dic-
tates of truth and justice?
Many of our citizens are to-day troubled by the fact that,
as the outcome of the late war with Spain, we have taken dis-
tant islands with a large population of a character illy in ac-
cord with that of the Anglo-Saxon. We wonder what the out-
come of this venture will be. Earnest discussion fills the
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PERSONAL CHARACTER AND CITIZENSHIP. 235
papers, the halls of Congress, and comes into the great tribunal
of the nation. What are the limits of our power over those
people, and what must be, in accord with our constitutional
limitations, the measure of our duties to them? As one of
that tribunal, before which some of those questions are pend-
ing, I can of course say nothing as to its decisions, but I may
say that far above all questions of constitutional limitation,
far above all the problems which courts may be called on to
solve, is the hopeful and assuring thought that a solemn sense
of responsibility fills the American thought. If they who to-
day compose the great body of recognized American people
shall lift their own lives up into the purity demanded by high
character, if they shall measure their intercourse with the
dwellers in these insular possessions by the rules of true man-
hood, it is a secondary matter what may be the decision of the
courts, the policy of the Administration, or the action of Con-
gress, for we may be sure that the nation will move, with or
without constitutional amendment, along that great highway
which is full of blessing to all within its jurisdiction, and to the
great world which surrounds it.


PERSONAL CHARACTER AS A RESPONSIBILITY OF CITIZENSHIP

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PERSONAL CHARACTER AS A RESPONSIBILITY OF CITIZENSHIP

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