The fact saves good Ludwig’s bacon. His music survives because it lies outside the plane of the popular apprehension, like the colors beyond violet or the concept of honor. If it could be brought within range, it would at once arouse hostility. Its complexity would challenge; its lace of moral purpose would affright. Soon there would be a movement to put it down, and Baptist clergymen would range the land denouncing it, and in the end some poor musician, taken in the un-American act of playing it, would be put on trial before a jury of Ku Kluxers, and railroaded to the calaboose.
III
In Tennessee
From The Nation, July 1, 1925
Always, in this great republic, controversies depart swiftly from their original terms and plunge into irrelevancies and false pretenses. The case of prohibition is salient. Who recalls the optimistic days before the Eighteenth Amendment, and the lofty prognostication of the dry mullahs, clerical and lay? Prohibition, we were told, would empty the jails, reduce the tax rate, abolish poverty and put an end to political corruption. Today even the Prohibitionists know better, and so they begin to grow discreetly silent upon the matter. Instead, they come forward with an entirely new Holy Cause. What began as a campaign for a Babbitt’s Utopia becomes transformed into a mystical campaign for Law Enforcement. Prohibition is a grotesque failure, but the fight must go on. A transcendental motive takes the place of a practical motive. One categorical imperative goes out and another comes in.
So, now, in Tennessee, where a rural pedagogue stands arraigned before his peers for violating the school law. At bottom, a quite simple business. The hinds of the State, desiring to prepare their young for life there, set up public schools. To man those schools they employ pedagogues. To guide those pedagogues they lay down rules prescribing what is to be taught and what is not to be taught. Why not, indeed? How could it be otherwise? Precisely the same custom prevails everywhere else in the world, where there are schools at all. Behind every school ever heard of there is a definite concept of its purpose—of the sort of equipment it is to give to its pupils. It cannot conceivably teach everything; it must confine itself by sheer necessity to teaching what will be of the greatest utility, cultural or practical, to the youth actually in hand. Well, what could be of greater utility to the son of a Tennessee mountaineer than an education making him a good Tennesseean, content with his father, at peace with his neighbors, dutiful to the local religion, and docile under the local mores?
That is all the Tennessee anti-evolution law seeks to accomplish. It differs from other regulations of the same sort only to the extent that Tennessee differs from the rest of the world. The State, to a degree that should be gratifying, has escaped the national standardization. Its people show a character that is immensely different from the character of, say, New Yorkers or Californians. they retain, among other things, the anthropomorphic religion of an elder day. They do not profess it; they actually believe in it. the Old Testament, to them, is not a mere sacerdotal whiz-bang, to be read for its pornography; it is an authoritative history, and the transactions recorded in it are as true as the story of Barbara Frietchie,* or that of Washington and the cherry tree, or that of the late Woodrow’s struggle to keep us out of the war. So crediting the sacred narrative, they desire that it be taught to their children, and any doctrine that makes game of it is immensely offensive to them. When such a doctrine, despite their protests, is actually taught, they proceed to put it down by force.
Is that procedure singular? I don’t think it is. it is adopted everywhere, the instant the prevailing notions, whether real or false, are challenged. Suppose a school teacher in New York began entertaining his pupils with the case against the Jews, or against the Pope. Suppose a teacher in Vermont essayed to argue that the late Confederate States were right, as thousands of perfectly sane and intelligent persons believe—that Lee was a defender of the Constitution and Grant a traitor to it. Suppose a teacher in Kansas taught that prohibition was evil, or a teacher in New Jersey that it was virtuous. But I need not pile up suppositions. The evidence of what happens to such a contumacious teacher was spread before us copiously during the late uproar about Bolsheviks. And it was not in rural Tennessee but in the great cultural centers which now laugh at Tennessee that punishments came most swiftly, and were most barbarous. it was not Dayton but New York City that cashiered teachers for protesting against the obvious lies of the State Department.
Yet now we are asked to believe that some mysterious and vastly important principle is at stake at Dayton—that the conviction of Professor Scopes will strike a deadly blow at enlightenment and bring down freedom to sorrow and shame. Tell it to the marines! No principle is at stake at Dayton save the principle that school teachers, like plumbers, should stick to the job that is set before them, and not go roving about the house, breaking windows, raiding the cellar, and demoralizing the children. The issue of free speech is quite irrelevant. When a pedagogue takes his oath of office, he renounces his right to free speech quite as certainly as a bishop does, or a colonel in the army, or an editorial writer on a newspaper. He becomes a paid propagandist of certain definite doctrines and attitudes, mainly determined specifically and in advance, and every time he departs from them deliberately he deliberately swindles his employers.
What ails Mr. Scopes, and many like him, is that they have been filled with subversive ideas by specialists in human liberty, of whom I have the honor to be one. Such specialists, confronted by the New York cases, saw a chance to make political capital out of them, and did so with great effect. I was certainly not backward in that enterprise. The liars of the State Department were fair game, and any stick is good enough to beat a dog with. Even a pedagogue, seized firmly by the legs, makes an effective shillelagh. (I have used, in my time, yet worse: a congressman, a psychiatrist, a birth controller to maul an archbishop.) Unluckily, some of the pedagogues mistook the purpose of the operation. They came out of it full of a delusion that they were apostles of liberty, of the search for knowledge, of enlightenment. They have been worrying and exasperating their employers ever since.
I believe it must be plain that they are wrong, and that their employers, by a necessary inference, are tight. A pedagogue, properly so called—and a high-school teacher in a country town is properly so called—is surely not a searcher for knowledge. His job in the world is simply to pass on what has been chosen and approved by his superiors. In the whole history of the world no such pedagogue has ever actually increased the sum of human knowledge. His training unfits him for it; moreover, he would not be a pedagogue if he had either the taste or the capacity for it. He is a workingman, not a thinker. When he speaks, his employers speak. What he says has behind it all the authority of the community. If he would be true to his oath he must be very careful to say nothing that is in violation of the communal mores, the communal magic, the communal notion of the good, the beautiful, and the true.
Here, I repeat, I speak of the pedagogue, and use the word in its strict sense—that is, I speak of the fellow whose sole job is teaching. Men of great learning, men who genuinely know something, men who have augmented the store of human knowledge—such men, in their leisure, may also teach. The master may take an apprentice. But he does not seek apprentices in the hill towns of Tennessee, or even on the East Side of New York. He does not waste himself upon children whose fate it will be, when they grow up, to become Rotarians or Methodist deacons, bootleggers or moonshiners. He looks for his apprentices in the minority that has somehow escaped that fate—that has, by some act of God, survived the dreadful ministrations of school-teachers. To this minority he may submit his doubts as well as his certainties. He may present what is dubious and of evil report along with what is official, and hence good. He may be wholly himself. Liberty of teaching begins where pedagogy ends.
* Nonagenarian flag-waving Civil War matron idealized in a John Whittier Greenleaf poem.
IV
Mencken Finds Daytonians Full of Sickening Doubts About Value of Publicity
<
br /> From The Baltimore Evening Sun, July 9, 1925
Dayton, Tenn., July 9—On the eve of the great contest Dayton is full of sickening surges and tremors of doubt. Five or six weeks ago, when the infidel Scopes was first laid by the heels, there was no uncertainty in all this smiling valley. The town boomers leaped to the assault as one man. Here was an unexampled, almost a miraculous chance to get Dayton upon the front pages, to make it talked about, to put it upon the map. But how now?
Today, with the curtain barely rung up and the worst buffooneries to come, it is obvious to even town boomers that getting upon the map, like patriotism, is not enough. The getting there must be managed discreetly, adroitly, with careful regard to psychological niceties. The boomers of Dayton, alas, had no skill at such things, and the experts they called in were all quacks. The result now turns the communal liver to water. Two months ago the town was obscure and happy. Today it is a universal joke.
I have been attending the permanent town meeting that goes on in Robinson’s drug store, trying to find out what the town optimists have saved from the wreck. All I can find is a sort of mystical confidence that God will somehow come to the rescue to reward His old and faithful partisans as they deserve—that good will flow eventually out of what now seems to be heavily evil. More specifically, it is believed that settlers will be attracted to the town as to some refuge from the atheism of the great urban Sodoms and Gomorrahs.
But will these refugees bring any money with them? Will they buy lots and build houses, Will they light the fires of the cold and silent blast furnace down the railroad tracks? On these points, I regret to report, optimism has to call in theology to aid it. Prayer can accomplish a lot. It can cure diabetes, find lost pocketbooks and restrain husbands from beating their wives. But is prayer made any more efficacious by giving a circus first? Coming to this thought, Dayton begins to sweat.
The town, I confess, greatly surprised me. I expected to find a squalid Southern village, with darkies snoozing on the horse-blocks, pigs rooting under the houses and the inhabitants full of hookworm and malaria. What I found was a country town full of charm and even beauty—a somewhat smallish but nevertheless very attractive Westminster or Belair.*
The houses are surrounded by pretty gardens, with cool green lawns and stately trees. The two chief streets are paved from curb to curb. The stores carry good stocks and have a metropolitan air, especially the drug, book, magazine, sporting goods and soda-water emporium of the estimable Robinson. A few of the town ancients still affect galluses and string ties, but the younger bucks are very nattily turned out. Scopes himself, even in his shirt sleeves, would fit into any college campus in America save that of Harvard alone.
Nor is there any evidence in the town of that poisonous spirit which usually shows itself when Christian men gather to defend the great doctrine of their faith. I have heard absolutely no whisper that Scopes is in the pay of the Jesuits, or that the whisky trust is backing him, or that he is egged on by the Jews who manufacture lascivious moving pictures. On the contrary, the Evolutionists and the Anti-Evolutionists seem to be on the best of terms, and it is hard in a group to distinguish one from another.
The basic issues of the case, indeed, seem to be very little discussed at Dayton. What interests everyone is its mere strategy. By what device, precisely, will Bryan trim old Clarence Darrow? Will he do it gently and with every delicacy of forensics, or will he wade in on high gear and make a swift butchery of it? For no one here seems to doubt that Bryan will win—that is, if the bout goes to a finish. What worries the town is the fear that some diabolical higher power will intervene on Darrow’s side—that is, before Bryan heaves him through the ropes.
The lack of Christian heat that I have mentioned is probably due in part to the fact that the fundamentalists are in overwhelming majority as far as the eye can reach—according to most local statisticians, in a majority of at least nine-tenths. There are, in fact, only two downright infidels in all Rhea county, and one of them is charitably assumed to be a bit balmy. The other, a yokel roosting far back in the hills, is probably simply a poet got into the wrong pew. The town account of him is to the effect that he professes to regard death as a beautiful adventure.
When the local ecclesiastics begin alarming the peasantry with word pictures of the last sad scene, and sulphurous fumes begin to choke even Unitarians, this skeptical rustic comes forward with his argument that it is foolish to be afraid of what one knows so little about—that, after all, there is no more genuine evidence that anyone will ever go to hell than there is that the Volstead act will ever be enforced.
Such blasphemous ideas naturally cause talk in a Baptist community, but both of the infidels are unmolested. Rhea county, in fact, is proud of its tolerance, and apparently with good reason. The Klan has never got a foothold here, though it rages everywhere else in Tennessee. When the first Kleagles came in they got the cold shoulder, and pretty soon they gave up the county as hopeless. It is run today not by anonymous daredevils in white nightshirts, but by well-heeled Free-masons in decorous white aprons. In Dayton alone there are sixty thirty-second-degree Masons—an immense quota for so small a town. They believe in keeping the peace, and so even the stray Catholics of the town are treated politely, though everyone naturally regrets they are required to report to the Pope once a week.
It is probably this unusual tolerance, and not any extraordinary passion for the integrity of Genesis, that has made Dayton the scene of a celebrated case, and got its name upon the front pages, and caused its forward-looking men to begin to wonder uneasily if all advertising is really good advertising. The trial of Scopes is possible here simply because it can be carried on here without heat—because no one will lose any sleep even if the devil comes to the aid of Darrow and Malone, and Bryan gets a mauling. The local intelligentsia venerate Bryan as a Christian, but it was not as a Christian that they called him in, but as one adept at attracting the newspaper boys—in brief, as a showman. As I have said, they now begin to mistrust the show, but they still believe that he will make a good one, win or lose.
Elsewhere, North or South, the combat would become bitter. Here it retains the lofty qualities of the duello. I gather the notion, indeed, that the gentlemen who are most active in promoting it are precisely the most lacking in hot conviction—that it is, in its local aspects, rather a joust between neutrals than a battle between passionate believers. Is it a mere coincidence that the town clergy have been very carefully kept out of it? There are several Baptist brothers here of such powerful gifts that when they begin belaboring sinners the very rats of the alleys flee to the hills. They preach dreadfully. But they are not heard from today. By some process to me unknown they have been induced to shut up—a far harder business, I venture, than knocking out a lion with a sandbag. But the sixty thirty-second degree Masons of Dayton have somehow achieved it.
Thus the battle joins and the good red sun shines down. Dayton lies in a fat and luxuriant valley. The bottoms are green with corn, pumpkins and young orchards and the hills are full of reliable moonshiners, all save one of them Christian men. We are not in the South here, but hanging on to the North. Very little cotton is grown in the valley. The people in politics are Republicans and put Coolidge next to Lincoln and John Wesley. The fences are in good repair. The roads are smooth and hard. The scene is set for a high-toned and even somewhat swagger combat. When it is over all the participants save Bryan will shake hands.
* Two prosperous towns in Maryland.
V
Impossibility of Obtaining Fair Jury Insures Scopes’ Conviction, Says Mencken
From The Baltimore Evening Sun, July 10, 1925
Dayton, Tenn., July 10—The trial of the infidel Scopes, beginning here this hot, lovely morning, will greatly resemble, I suspect, the trial of a prohibition agent accused of mayhem in Union Hill, N.J. That is to say, it will be conducted with the most austere regard for the highest principles of jurisprudence. Judge and jury will go to extreme lengths to assur
e the prisoner the last and least of his rights. He will be protected in his person and feelings by the full military and naval power of the State of Tennessee. No one will be permitted to pull his nose, to pray publicly for his condemnation or even to make a face at him. But all the same he will be bumped off inevitably when the time comes, and to the applause of all right-thinking men.
The real trial, in truth, will not begin until Scopes is convicted and ordered to the hulks. Then the prisoner will be the Legislature of Tennessee, and the jury will be that great fair, unimpassioned body of enlightened men which has already decided that a horse hair put into a bottle will turn into a snake and that the Kaiser started the late war. What goes on here is simply a sort of preliminary hearing, with music by the village choir. For it will be no more possible in this Christian valley to get a jury unprejudiced against Scopes than would be possible in Wall Street to get a jury unprejudiced against a Bolshevik.
I speak of prejudice in its purely philosophical sense. As I wrote yesterday, there is an almost complete absence, in these pious hills, of the ordinary and familiar malignancy of Christian men. If the Rev. Dr. Crabbe ever spoke of bootleggers as humanely and affectionately as the town theologians speak of Scopes, and even Darrow and Malone, his employers would pelt him with their spyglasses and sit on him until the ambulance came from Mount Hope. There is absolutely no bitterness on tap. But neither is there any doubt. It has been decided by acclamation, with only a few infidels dissenting, that the hypothesis of evolution is profane, inhumane and against God, and all that remains is to translate that almost unanimous decision into the jargon of the law and so have done.
A Religious Orgy in Tennessee Page 3