“Do I understand,” I said, “that it is a judge who states each side of the case as well as a judge who hears it?”
“Certainly. The judges take turns in serving on the bench and at the bar, and are expected to maintain the judicial temper equally whether in stating or deciding a case. The system is indeed in effect that of trial by three judges occupying different points of view as to the case. When they agree upon a verdict, we believe it to be as near to absolute truth as men well can come.”
“You have given up the jury system, then?”
“It was well enough as a corrective in the days of hired advocates, and a bench sometimes venal, and often with a tenure that made it dependent, but is needless now. No conceivable motive but justice could actuate our judges.”
“How are these magistrates selected?”
“They are an honorable exception to the rule which discharges all men from service at the age of forty-five. The President of the nation appoints the necessary judges year by year from the class reaching that age. The number appointed is, of course, exceedingly few, and the honor so high that it is held an offset to the additional term of service which follows, and though a judge’s appointment may be declined, it rarely is. The term is five years, without eligibility to reappointment. The members of the Supreme Court, which is the guardian of the constitution, are selected from among the lower judges. When a vacancy in that court occurs, those of the lower judges, whose terms expire that year, select, as their last official act, the one of their colleagues left on the bench whom they deem fittest to fill it.”
“There being no legal profession to serve as a school for judges,” I said, “they must, of course, come directly from the law school to the bench.”
“We have no such things as law schools,” replied the doctor smiling. “The law as a special science is obsolete. It was a system of casuistry which the elaborate artificiality of the old order of society absolutely required to interpret it, but only a few of the plainest and simplest legal maxims have any application to the existing state of the world. Everything touching the relations of men to one another is now simpler, beyond any comparison, than in your day. We should have no sort of use for the hair-splitting experts who presided and argued in your courts. You must not imagine, however, that we have any disrespect for those ancient worthies because we have no use for them. On the contrary, we entertain an unfeigned respect, amounting almost to awe, for the men who alone understood and were able to expound the interminable complexity of the rights of property, and the relations of commercial and personal dependence involved in your system. What, indeed, could possibly give a more powerful impression of the intricacy and artificiality of that system than the fact that it was necessary to set apart from other pursuits the cream of the intellect of every generation, in order to provide a body of pundits able to make it even vaguely intelligible to those whose fates it determined. The treatises of your great lawyers, the works of Blackstone and Chitty, of Story and Parsons, stand in our museums, side by side with the tomes of Duns Scotus and his fellow scholastics, as curious monuments of intellectual subtlety devoted to subjects equally remote from the interests of modern men. Our judges are simply widely informed, judicious, and discreet men of ripe years.
“I should not fail to speak of one important function of the minor judges,” added Dr. Leete. “This is to adjudicate all cases where a private of the industrial army makes a complaint of unfairness against an officer. All such questions are heard and settled without appeal by a single judge, three judges being required only in graver cases. The efficiency of industry requires the strictest discipline in the army of labor, but the claim of the workman to just and considerate treatment is backed by the whole power of the nation. The officer commands and the private obeys, but no officer is so high that he would dare display an overbearing manner toward a workman of the lowest class. As for churlishness or rudeness by an official of any sort, in his relations to the public, not one among minor offenses is more sure of a prompt penalty than this. Not only justice but civility is enforced by our judges in all sorts of intercourse. No value of service is accepted as a set-off to boorish or offensive manners.”
It occurred to me, as Dr. Leete was speaking, that in all his talk I had heard much of the nation and nothing of the state governments. Had the organization of the nation as an industrial unit done away with the states? I asked.
“Necessarily,” he replied. “The state governments would have interfered with the control and discipline of the industrial army, which, of course, required to be central and uniform. Even if the state governments had not become inconvenient for other reasons, they were rendered superfluous by the prodigious simplification in the task of government since your day. Almost the sole function of the administration now is that of directing the industries of the country. Most of the purposes for which governments formerly existed no longer remain to be subserved. We have no army or navy, and no military organization. We have no departments of state or treasury, no excise or revenue services, no taxes or tax collectors. The only function proper of government, as known to you, which still remains, is the judiciary and police system. I have already explained to you how simple is our judicial system as compared with your huge and complex machine. Of course the same absence of crime and temptation to it, which make the duties of judges so light, reduces the number and duties of the police to a minimum.”
“But with no state legislatures, and Congress meeting only once in five years, how do you get your legislation done?”
“We have no legislation,” replied Dr. Leete, “that is, next to none. It is rarely that Congress, even when it meets, considers any new laws of consequence, and then it only has power to commend them to the following Congress, lest anything be done hastily. If you will consider a moment, Mr. West, you will see that we have nothing to make laws about. The fundamental principles on which our society is founded settle for all time the strifes and misunderstandings which in your day called for legislation.
“Fully ninety-nine hundredths of the laws of that time concerned the definition and protection of private property and the relations of buyers and sellers. There is neither private property, beyond personal belongings, now, nor buying and selling, and therefore the occasion of nearly all the legislation formerly necessary has passed away. Formerly, society was a pyramid poised on its apex. All the gravitations of human nature were constantly tending to topple it over, and it could be maintained upright, or rather upwrong (if you will pardon the feeble witticism), by an elaborate system of constantly renewed props and buttresses and guy-ropes in the form of laws. A central Congress and forty state legislatures, turning out some twenty thousand laws a year, could not make new props fast enough to take the place of those which were constantly breaking down or becoming ineffectual through some shifting of the strain. Now society rests on its base, and is in as little need of artificial supports as the everlasting hills.”
“But you have at least municipal governments besides the one central authority?”
“Certainly, and they have important and extensive functions in looking out for the public comfort and recreation, and the improvement and embellishment of the villages and cities.”
“But having no control over the labor of their people, or means of hiring it, how can they do anything?”
“Every town or city is conceded the right to retain, for its own public works, a certain proportion of the quota of labor its citizens contribute to the nation. This proportion, being assigned it as so much credit, can be applied in any way desired.”
Chapter 20
Table of Contents
That afternoon Edith casually inquired if I had yet revisited the underground chamber in the garden in which I had been found.
“Not yet,” I replied. “To be frank, I have shrunk thus far from doing so, lest the visit might revive old associations rather too strongly for my mental equilibrium.”
“Ah, yes!” she said, “I can imagine that you
have done well to stay away. I ought to have thought of that.”
“No,” I said, “I am glad you spoke of it. The danger, if there was any, existed only during the first day or two. Thanks to you, chiefly and always, I feel my footing now so firm in this new world, that if you will go with me to keep the ghosts off, I should really like to visit the place this afternoon.”
Edith demurred at first, but, finding that I was in earnest, consented to accompany me. The rampart of earth thrown up from the excavation was visible among the trees from the house, and a few steps brought us to the spot. All remained as it was at the point when work was interrupted by the discovery of the tenant of the chamber, save that the door had been opened and the slab from the roof replaced. Descending the sloping sides of the excavation, we went in at the door and stood within the dimly lighted room.
Everything was just as I had beheld it last on that evening one hundred and thirteen years previous, just before closing my eyes for that long sleep. I stood for some time silently looking about me. I saw that my companion was furtively regarding me with an expression of awed and sympathetic curiosity. I put out my hand to her and she placed hers in it, the soft fingers responding with a reassuring pressure to my clasp. Finally she whispered, “Had we not better go out now? You must not try yourself too far. Oh, how strange it must be to you!”
“On the contrary,” I replied, “it does not seem strange; that is the strangest part of it.”
“Not strange?” she echoed.
“Even so,” I replied. “The emotions with which you evidently credit me, and which I anticipated would attend this visit, I simply do not feel. I realize all that these surroundings suggest, but without the agitation I expected. You can’t be nearly as much surprised at this as I am myself. Ever since that terrible morning when you came to my help, I have tried to avoid thinking of my former life, just as I have avoided coming here, for fear of the agitating effects. I am for all the world like a man who has permitted an injured limb to lie motionless under the impression that it is exquisitely sensitive, and on trying to move it finds that it is paralyzed.”
“Do you mean your memory is gone?”
“Not at all. I remember everything connected with my former life, but with a total lack of keen sensation. I remember it for clearness as if it had been but a day since then, but my feelings about what I remember are as faint as if to my consciousness, as well as in fact, a hundred years had intervened. Perhaps it is possible to explain this, too. The effect of change in surroundings is like that of lapse of time in making the past seem remote. When I first woke from that trance, my former life appeared as yesterday, but now, since I have learned to know my new surroundings, and to realize the prodigious changes that have transformed the world, I no longer find it hard, but very easy, to realize that I have slept a century. Can you conceive of such a thing as living a hundred years in four days? It really seems to me that I have done just that, and that it is this experience which has given so remote and unreal an appearance to my former life. Can you see how such a thing might be?”
“I can conceive it,” replied Edith, meditatively, “and I think we ought all to be thankful that it is so, for it will save you much suffering, I am sure.”
“Imagine,” I said, in an effort to explain, as much to myself as to her, the strangeness of my mental condition, “that a man first heard of a bereavement many, many years, half a lifetime perhaps, after the event occurred. I fancy his feeling would be perhaps something as mine is. When I think of my friends in the world of that former day, and the sorrow they must have felt for me, it is with a pensive pity, rather than keen anguish, as of a sorrow long, long ago ended.”
“You have told us nothing yet of your friends,” said Edith. “Had you many to mourn you?”
“Thank God, I had very few relatives, none nearer than cousins,” I replied. “But there was one, not a relative, but dearer to me than any kin of blood. She had your name. She was to have been my wife soon. Ah me!”
“Ah me!” sighed the Edith by my side. “Think of the heartache she must have had.”
Something in the deep feeling of this gentle girl touched a chord in my benumbed heart. My eyes, before so dry, were flooded with the tears that had till now refused to come. When I had regained my composure, I saw that she too had been weeping freely.
“God bless your tender heart,” I said. “Would you like to see her picture?”
A small locket with Edith Bartlett’s picture, secured about my neck with a gold chain, had lain upon my breast all through that long sleep, and removing this I opened and gave it to my companion. She took it with eagerness, and after poring long over the sweet face, touched the picture with her lips.
“I know that she was good and lovely enough to well deserve your tears,” she said; “but remember her heartache was over long ago, and she has been in heaven for nearly a century.”
It was indeed so. Whatever her sorrow had once been, for nearly a century she had ceased to weep, and, my sudden passion spent, my own tears dried away. I had loved her very dearly in my other life, but it was a hundred years ago! I do not know but some may find in this confession evidence of lack of feeling, but I think, perhaps, that none can have had an experience sufficiently like mine to enable them to judge me. As we were about to leave the chamber, my eye rested upon the great iron safe which stood in one corner. Calling my companion’s attention to it, I said:
“This was my strong room as well as my sleeping room. In the safe yonder are several thousand dollars in gold, and any amount of securities. If I had known when I went to sleep that night just how long my nap would be, I should still have thought that the gold was a safe provision for my needs in any country or any century, however distant. That a time would ever come when it would lose its purchasing power, I should have considered the wildest of fancies. Nevertheless, here I wake up to find myself among a people of whom a cartload of gold will not procure a loaf of bread.”
As might be expected, I did not succeed in impressing Edith that there was anything remarkable in this fact. “Why in the world should it?” she merely asked.
Chapter 21
Table of Contents
It had been suggested by Dr. Leete that we should devote the next morning to an inspection of the schools and colleges of the city, with some attempt on his own part at an explanation of the educational system of the twentieth century.
“You will see,” said he, as we set out after breakfast, “many very important differences between our methods of education and yours, but the main difference is that nowadays all persons equally have those opportunities of higher education which in your day only an infinitesimal portion of the population enjoyed. We should think we had gained nothing worth speaking of, in equalizing the physical comfort of men, without this educational equality.”
“The cost must be very great,” I said.
“If it took half the revenue of the nation, nobody would grudge it,” replied Dr. Leete, “nor even if it took it all save a bare pittance. But in truth the expense of educating ten thousand youth is not ten nor five times that of educating one thousand. The principle which makes all operations on a large scale proportionally cheaper than on a small scale holds as to education also.”
“College education was terribly expensive in my day,” said I.
“If I have not been misinformed by our historians,” Dr. Leete answered, “it was not college education but college dissipation and extravagance which cost so highly. The actual expense of your colleges appears to have been very low, and would have been far lower if their patronage had been greater. The higher education nowadays is as cheap as the lower, as all grades of teachers, like all other workers, receive the same support. We have simply added to the common school system of compulsory education, in vogue in Massachusetts a hundred years ago, a half dozen higher grades, carrying the youth to the age of twenty-one and giving him what you used to call the education of a gentleman, instead of turning him loose at fourteen
or fifteen with no mental equipment beyond reading, writing, and the multiplication table.”
“Setting aside the actual cost of these additional years of education,” I replied, “we should not have thought we could afford the loss of time from industrial pursuits. Boys of the poorer classes usually went to work at sixteen or younger, and knew their trade at twenty.”
“We should not concede you any gain even in material product by that plan,” Dr. Leete replied. “The greater efficiency which education gives to all sorts of labor, except the rudest, makes up in a short period for the time lost in acquiring it.”
“We should also have been afraid,” said I, “that a high education, while it adapted men to the professions, would set them against manual labor of all sorts.”
Equality & Looking Backward Page 15
