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Let Freedom Ring
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475 pages, Paperback
Published March 21, 1972
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August 4, 2024
ONE OF THE "MONKEY TRIAL" DEFENSE LAWYERS TELLS HIS STORY OF THAT CASE AND OTHERS
Arthur Garfield Hays (1881-1954) was an American lawyer who became prominent in civil liberties issues; he served as general counsel of the American Civil Liberties Union beginning in 1920. He participated in notable cases such as the Sacco and Vanzetti trial, and the "Monkey Trial" of John Thomas Scopes.
He stated in the Introduction of this 1928 book, "I don't want to be misunderstood. I should not deny to any of those people the right to express their views; or to persuade others. I don't want to control them. But I don't want them to control me." (Pg. 16) He observes, "I realize more and more that there is no American type---that different sections of the country and various groups of people hold such diverse views that they might well be living not only in different hemispheres but almost in different periods of civilization." (Pg. 27)
In his chapter on the Scopes Trial, he observes, "had any one told me that at this late date there were great numbers of people in the United States who held the religious views of the Middle Ages... in spite of education in the public schools in geography, biology and kindred subjects... and that failure to observe literally every word of the Bible would send one to eternal Hell... who believed it possible to build up a theocracy in the United States under the leadership of [William Jennings] Bryan, I should have thought the statement that of a madman---that is, before I went to Dayton." (Pg. 28)
He argues, "the State may determine what subjects shall be taught, but if biology is to be taught, it cannot demand that it be taught falsely... The State may decide that physiology should not be taught. If, however, that is a prescribed subject, the State could hardly provide by law that children be taught that men and women have all the same physical characteristics." (Pg. 42-43) They objected to Bryan's wish to cross-examine the scientific witnesses: "Cross-examination would have shown that the scientists, while religious men---for we chose only that kind---still did not believe in the Virgin birth and other miracles. It was felt by us that if the cause of free education was ever to be won, it would need the support of millions of intelligent churchgoing people who didn't question theological miracles." (Pg. 67)
He recalls, "In response to a query as to whether the defense had any more evidence to offer, I stated that we wished to call Mr. Bryan as an expert on the Bible. I have never yet discovered whether this was a greater surprise to [Clarence] Darrow or to Bryan. Darrow turned to [Dudley Field] Malone: 'You examine him, Dudley.' Malone answered, 'Oh, no.' Darrow turned to me. I shook my head. Then came the battle that was the quintessence of the whole case. Perhaps never before in the history of the world has a witness under cross-examination attempted rationally to defend beliefs not based on rational reasoning." (Pg. 71-72)
He later observes, "By and large, there is less interference with freedom of the press than with other civil rights." (Pg. 157) He notes in conclusion, "One returns from [other] countries to the United States with a realization that, after all, we have a fair measure of liberty. Everyone does lip service, at least, to the principle of freedom... Freedom is an ideal. It is not merely a means to an end, but an end in itself, almost as necessary to a satisfactory existence as the food we eat or the air we breathe." (Pg. 473-474)
While a book that has largely been forgotten over the years, Hays' book still has rewards for the reader that stumbles upon it.
Arthur Garfield Hays (1881-1954) was an American lawyer who became prominent in civil liberties issues; he served as general counsel of the American Civil Liberties Union beginning in 1920. He participated in notable cases such as the Sacco and Vanzetti trial, and the "Monkey Trial" of John Thomas Scopes.
He stated in the Introduction of this 1928 book, "I don't want to be misunderstood. I should not deny to any of those people the right to express their views; or to persuade others. I don't want to control them. But I don't want them to control me." (Pg. 16) He observes, "I realize more and more that there is no American type---that different sections of the country and various groups of people hold such diverse views that they might well be living not only in different hemispheres but almost in different periods of civilization." (Pg. 27)
In his chapter on the Scopes Trial, he observes, "had any one told me that at this late date there were great numbers of people in the United States who held the religious views of the Middle Ages... in spite of education in the public schools in geography, biology and kindred subjects... and that failure to observe literally every word of the Bible would send one to eternal Hell... who believed it possible to build up a theocracy in the United States under the leadership of [William Jennings] Bryan, I should have thought the statement that of a madman---that is, before I went to Dayton." (Pg. 28)
He argues, "the State may determine what subjects shall be taught, but if biology is to be taught, it cannot demand that it be taught falsely... The State may decide that physiology should not be taught. If, however, that is a prescribed subject, the State could hardly provide by law that children be taught that men and women have all the same physical characteristics." (Pg. 42-43) They objected to Bryan's wish to cross-examine the scientific witnesses: "Cross-examination would have shown that the scientists, while religious men---for we chose only that kind---still did not believe in the Virgin birth and other miracles. It was felt by us that if the cause of free education was ever to be won, it would need the support of millions of intelligent churchgoing people who didn't question theological miracles." (Pg. 67)
He recalls, "In response to a query as to whether the defense had any more evidence to offer, I stated that we wished to call Mr. Bryan as an expert on the Bible. I have never yet discovered whether this was a greater surprise to [Clarence] Darrow or to Bryan. Darrow turned to [Dudley Field] Malone: 'You examine him, Dudley.' Malone answered, 'Oh, no.' Darrow turned to me. I shook my head. Then came the battle that was the quintessence of the whole case. Perhaps never before in the history of the world has a witness under cross-examination attempted rationally to defend beliefs not based on rational reasoning." (Pg. 71-72)
He later observes, "By and large, there is less interference with freedom of the press than with other civil rights." (Pg. 157) He notes in conclusion, "One returns from [other] countries to the United States with a realization that, after all, we have a fair measure of liberty. Everyone does lip service, at least, to the principle of freedom... Freedom is an ideal. It is not merely a means to an end, but an end in itself, almost as necessary to a satisfactory existence as the food we eat or the air we breathe." (Pg. 473-474)
While a book that has largely been forgotten over the years, Hays' book still has rewards for the reader that stumbles upon it.
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