n people, or at least the American
legislators, do not make this clear distinction between vice and crime.
There seems to be a feeling in America that unless a vice is made a
crime, the State countenances the vice and becomes a party to its
commission. There are unfortunately a large number of men in the
community who believe that they have satisfied the demands made upon
them to lead a virtuous life by incorporating into some statute the
condemnation of a particular vicious act as a crime."[204] This special
characteristic of American laws, with its failure to distinguish between
vice and crime, is clearly a legacy of the early Puritans. The Puritans
carried over to New England independent autonomous laws of morality, and
were contemptuous of external law. The sturdy pioneers of the first
generation were faithful to that attitude, and were not even guilty of
punishing witches. But, when the opportunity came, their descendants
could not resist the temptation to erect an external law of morals, and,
like the Calvinists of Geneva, they set up an inquisition backed by the
secular arm. It was not until the days of Emerson that American
Puritanism regained autonomous freedom and moved in the same air as
Milton. But in the meantime the mischief had been done. Even to-day an
inquisition of the mails has been established in the United States. It
is said to be unconstitutional, and one can well believe that that is
so, but none the less it flourishes under the protection of what a
famous American has called "the never-ending audacity of elected
persons." But to allow subordinate officials to masquerade in the Postal
Department as familiars of the inquisition, in the supposed interests of
public morals, is a dangerous policy.[205] Its deadening influence on
national life cannot fail sooner or later to be realized by Americans.
To moralize by statute is idle and unsatisfactory enough; but it is
worse to attempt to moralize by the arbitrary dicta of minor government
officials.

It is interesting to observe the methods which find favour in some parts
of the United States for dealing with the trade in alcoholic liquors.
Alcohol is, on the one hand, a poison; on the other hand, it is the
basis of the national drinks of every civilized country. Every state has
felt called upon to regulate its sale to more or less extent, in such a
way that (1) in the interests of public health alcohol may not be too
easily or too cheaply obtainable, th