CRIME AND ITS CORRECTIVES
I.
SOCIOLOGISTS have been debating the theory that the impulse to commit crime is a disease, and the ayes appear to have it—not the impulse but the decision. It is gratifying and profitable to have the point settled: we now know "where we are at," and can take our course accordingly. It has for a number of years been known to all but a few back-number physicians—survivals from an exhausted régime—that all disease is caused by bacilli, which worm themselves into the organs that secrete health and enjoin them from the performance of that rite. The medical conservatives mentioned attempt to whittle away the value and significances of this theory by affirming its inadequacy to account for such disorders as broken heads, sunstroke, superfluous toes, home-sickness, burns and strangulation on the gallows; but against the testimony of so eminent bacteriologists as Drs. Koch and Pasteur their carping is as that of the idle angler. The bacillus is not to be denied; he has brought his blankets and is here to stay until evicted, and eviction can not be wrought by talking. Doubtless we may confidently expect his eventual suppression by a fresher and more ingenious disturber of the physiological peace, but the bacillus is now chief among ten thousand evils and it is futile to attempt to read him out of the party.
It follows that in order to deal intelligently with the criminal impulse in our afflicted fellow-citizens we must discover the bacillus of crime. To that end I think that the bodies of hanged assassins and such persons of low degree as have been gathered to their fathers by the cares of public office or consumed by the rust of inactivity in prison should be handed over to the microscopists for examination. The bore, too, offers a fine field for research, and might justly enough be examined alive. Whether there is one general—or as the ancient and honorable orders prefer to say, "grand"—bacillus, producing a general (or grand) criminal impulse covering a multitude of sins, or an infinite number of well defined and several bacilli, each inciting to a particular crime, is a question to the determination of which the most distinguished microscopist might be proud to devote the powers of his eye. If the latter is the case it will somewhat complicate the treatment, for clearly the patient afflicted with chronic robbery will require medicines different from those that might be efficacious in a gentleman suffering from constitutional theft or the desire to represent his District in the Assembly. But it is permitted to us to hope that all crimes, like all arts, are essentially one; that murder, arson and conservatism are but different symptoms of the same physical disorder, back of which is a microbe vincible to a single medicament, albeit the same awaits discovery.
In the fascinating theory of the unity of crime we may not unreasonably hope to find another evidence of the brotherhood of man, another spiritual bond tending to draw the various classes of society more closely together.
From time to time it is said that a "wave" of some kind of crime is sweeping the country. It is all nonsense about "waves" of crime. Occasionally occurs some crime notable for its unusual features, or for the renown of those concerned. It arrests public attention, which for a time is directed to that particular kind of crane, and the newspapers, with business-like instinct, give, for a season, unusual prominence to the record of similar offenses. Then, self-deceived, they talk about a "wave," or "epidemic" of it. So far is this from the truth that one of the most noticeable characteristics of crime is the steady and unbroken monotony of its occurrence in certain forms. There is nothing so dull and unvarying as this tedious uniformity of repetition. The march of crime is never retarded, never accelerated. The criminals appear to be thoroughly well satisfied with their annual average, as shown by the periodical reports of their secretary, the statistician.
A marked illustration occurs to me. Many years ago in London a well-known and respectable gentleman was brutally garroted. It was during the "silly season"—between sessions of Parliament, when the newspapers are likely to be dull. They at once began to report cases of garroting. There appeared to be an "epidemic of garroting." The public mind was terribly excited, and when Parliament met it hastened to pass the infamous "flogging act"—a distinct reversion to the senseless and discredited methods of physical torture, so alluring to the half instructed mind of the average journalist of today. Yet the statistics published by the Home Secretary under whose administration the act was passed show that neither at the time of the alarm was there any material increase of garroting, nor in the period of public tranquillity succeeding was there any appreciable diminution.
II.
By advocating painless removal of incurable idiots and lunatics, incorrigible criminals and irreclaimable drunkards from this vale of tears Dr. W. Duncan McKim provoked many a respectable but otherwise blameless person to throw a catfit of great complexity and power. Yet Dr. McKim seemed only to anticipate the trend of public opinion and forecast its crystallization into law. It is rapidly becoming a question of not what we ought to do with these unfortunates, but what we shall be compelled to do. Study of the statistics of the matter shows that in all civilized countries mental and moral diseases are increasing, proportionately to population, at a rate which in the course of a few generations will make it impossible for the healthy to care for the afflicted. To do so will require the entire revenue which it is possible to raise by taxation—will absorb all the profits of all the industries and professions and make deeper and deeper inroads upon the capital from which they are derived. When it comes to that there can be but one result. High and humanizing sentiments are angel visitants, whom we entertain with pride and pleasure, but when fine entertainment becomes too costly to be borne we "speed the parting guest" forthwith. And it may happen that in inviting to his vacant place a less exciting successor—that in replacing Sentiment with Reason—we shall, in this instance, learn to our joy that we do but entertain another angel. For nothing is so heavenly as Reason; nothing is so sweet and compassionate as her voice—
"Not harsh and crabbed, as dull fools suppose,
But musical as is Apollo's lute,"
Is it cruel, is it heartless, is it barbarous to use something of the same care in breeding men and women as in breeding horses and dogs? Here is a determining question: Knowing yourself doomed to hopeless idiocy, lunacy, crime or drunkenness, would you, or would you not, welcome a painless death? Let us assume that you would. Upon what ground, then, would you deny to another a boon that you would desire for yourself?
III.
The good American is, as a rule, pretty hard upon roguery, but he atones for his austerity by an amiable toleration of rogues. His only requirement is that he must personally know the rogues. We all "denounce" thieves loudly enough, if we have not the honor of their acquaintance. If we have, why, that is different—unless they have the actual odor of the prison about them. We may know them guilty, but we meet them, shake hands with them, drink with them, and if they happen to be wealthy or otherwise great invite them to our houses, and deem it an honor to frequent theirs. We do not "approve their methods"—let that be understood; and thereby they are sufficiently punished. The notion that a knave cares a pin what is thought of his ways by one who is civil and friendly to himself appears to have been invented by a humorist. On the vaudeville stage of Mars it would probably have made his fortune. If warrants of arrest were out for every man in this country who is conscious of having repeatedly shaken hands with persons whom he knew to be knaves there would be no guiltless person to serve them.
I know men standing high in journalism who today will "expose" and bitterly "denounce" a certain rascality and tomorrow will be hobnobbing with the rascals whom they have named. I know legislators of renown who habitually in "the halls of legislation" raise their voices against the dishonest schemes of some "trust magnate," and are habitually seen in familiar conversation with him. Indubitably these be hypocrites all. Between the head and the heart of such a man is a wall of adamant, and neither organ knows what the other is doing.
If social recognition were denied to rogues they would be fewer by many. Som
e would only the more diligently cover their tracks along the devious paths of unrighteousness, but others would do so much violence to their consciences as to renounce the disadvantages of rascality for those of an honest life. An unworthy person dreads nothing so much as the withholding of an honest hand, the slow inevitable stroke of an ignoring eye.
For one having knowledge of Mr. John D. Rockefeller's social life and connections it would be easy to name a dozen men and women who by a conspiracy of conscription could profoundly affect the plans and profits of the Standard Oil Company. I have been asked: "If John D. Rockefeller were introduced to you by a friend, would you refuse to take his hand?" I certainly should—and if ever thereafter I took the hand of that hardy "friend" it would be after his repentance and promise to reform his ways. We have Rockefellers and Morgans because we have "respectable" persons who are not ashamed to take them by the hand, to be seen with them, to say that they know them. In such it is treachery to censure them; to cry out when robbed by them is to turn State's evidence.
One may smile upon a rascal (most of us do so many times a day) if one does not know him to be a rascal, and has not said he is; but knowing him to be, or having said he is, to smile upon him is to be a hypocrite—just a plain hypocrite or a sycophantic hypocrite, according to the station in life of the rascal smiled upon. There are more plain hypocrites than sycophantic ones, for there are more rascals of no consequence than rich and distinguished ones, though they get fewer smiles each. The American people will be plundered as long as the American character is what it is; as long as it is tolerant of successful knavery; as long as American ingenuity draws an imaginary distinction between a man's public character and his private—his commercial and his personal In brief, the American people will be plundered as long as they deserve to be plundered. No human law can stop it, none ought to stop it, for that would abrogate a higher and more salutary law: "As ye sow ye shall reap."
In a sermon by the Rev. Dr. Parkhurst is the following: "The story of all our Lord's dealings with sinners leaves upon the mind the invariable impression, if only the story be read sympathetically and earnestly, that He always felt kindly towards the transgressor, but could have no tenderness of regard toward the transgression. There is no safe and successful dealing with sin of any kind save as that distinction is appreciated and made a continual factor in our feelings and efforts."
With all due respect for Dr. Parkhurst, that is nonsense. If he will read his New Testament more understandingly he will observe that Christ's kindly feeling to transgressors was not to be counted on by sinners of every kind, and it was not always in evidence; for example, when he flogged the money-changers out of the temple. Nor is Dr. Parkhurst himself any too amiably disposed toward the children of darkness. It is not by mild words and gentle means that he has hurled the mighty from their seats and exalted them of low degree. Such revolutions as he set afoot are not made with spiritual rose-water; there must be the contagion of a noble indignation fueled with harder wood than abstractions. The people can not be collected and incited to take sides by the spectacle of a man fighting something that does not fight back. It is men that Dr. Parkhurst is trouncing—not their crimes—not Crime. He may fancy himself "dowered with the hate of hate, the scorn of scorn," but in reality he does not hate hate but hates the hateful, and scorns, not scorn, but the scornworthy.
It is singular with what tenacity that amusing though mischievous superstition keeps its hold upon the human mind—that grave bona fide personification of abstractions and the funny delusion that it is possible to hate or love them. Sin is not a thing; there is no existing object corresponding to any of the mere counter-words that are properly named abstract nouns. One can no more hate sin or love virtue than one can hate a vacuum (which Nature—itself imaginary—was once by the scientists of the period solemnly held to do) or love one of the three dimensions. We may think that while loving a sinner we hate the sin, but that is not so; if anything is hated it is other sinners of the same kind, who are not quite so close to us.
"But," says Citizen Goodheart, who thinks with difficulty, "shall I throw over my friend when he is in trouble?" Yes, when you are convinced that he deserves to be in trouble; throw him all the harder and the further because he is your friend. In addition to his particular offense against society he has disgraced you. If there are to be lenity and charity let them go to the criminal who has foreborne to involve you in his shame. It were a pretty state of affairs if an undetected scamp, fearing exposure, could make you a co-defendant by so easy a precaution as securing your acquaintance and regard. Don't throw the first stone, of course, but when convinced that your friend is a proper target, heave away with a right hearty good-will, and let the stone be of serviceable dimensions, scabrous, textured flintwise and delivered with a good aim.
The French have a saying to the effect that to know all is to pardon all; and doubtless with an omniscient insight into the causes of character we should find the field of moral responsibility pretty thickly strewn with extenuating circumstances very suitable indeed for consideration by a god who has had a hand in besetting "with pitfall and with gin" the road we are to wander in. But I submit that universal forgiveness would hardly do as a working principle. Even those who are most apt and facile with the incident of the woman taken in adultery commonly cherish a secret respect for the doctrine of eternal damnation; and some of them are known to pin their faith to the penal code of their state. Moreover there is some reason to believe that the sinning woman, being "taken," was penitent—they usually are when found out.
I care nothing about principles—they are lumber and rubbish. What concerns our happiness and welfare, as affectible by our fellowmen, is conduct "Principles, not men," is a rogue's cry; rascality's counsel to stupidity, the noise of the duper duping on his dupe. He shouts it most loudly and with the keenest sense of its advantage who most desires inattention to his own conduct, or to that forecast of it, his character. As to sin, that has an abundance of expounders and is already universally known to be wicked. What more can be said against it, and why go on repeating that? The thing is a trifle wordworn, whereas the sinner cometh up as a flower every day, fresh, ingenious and inviting. Sin is not at all dangerous to society; it is the sinner that does all the mischief. Sin has no arms to thrust into the public treasury and the private; no hands with which to cut a throat; no tongue to wreck a reputation withal. I would no more attack it than I would attack an isosceles triangle, a vacuum, or Hume's "phantasm floating in a void." My chosen enemy must be something that has a skin for my switch, a head for my cudgel—something that can smart and ache and, if so minded, fight back. I have no quarrel with abstractions; so far as I know they are all good citizens.
THE DEATH PENALTY
I.
"DOWN with the gallows!" is a cry not unfamiliar in America. There is always a movement afoot to make odious the just principle of "a life for a life"—to represent it as "a relic of barbarism," "a usurpation of the divine authority," and the rotten rest of it The law making murder punishable by death is as purely a measure of self-defense as is the display of a pistol to one diligently endeavoring to kill without provocation. Even the most brainless opponent of "capital punishment" would do that if he knew enough. It is in precisely the same sense an admonition, a warning to abstain from crime. Society says by that law: "If you kill one of us you die," just as by display of the pistol the individual whose life is attacked says: "Desist or be shot." To be effective the warning in either case must be more than an idle threat. Even the most unearthly reasoner among the gallows-downing unfortunates would hardly expect to frighten away an assassin who knew the pistol to be unloaded. Of course these queer illogicians can not be made to understand that their position commits them to absolute non-resistance to any kind of aggression, and that is fortunate for the rest of us, for if as Christians they frankly and consistently took that ground we should be under the miserable necessity of respecting them.
We have good reason to hold th
at the horrible prevalence of murder in this country is due to the fact that we do not execute our laws—that the death penalty is threatened but not inflicted—that the pistol is not loaded. In civilized countries, where there is enough respect for the laws to administer them, there is enough to obey them. While man still has as much of the ancestral brute as his skin can hold widiout cracking we shall have thieves and demagogues and anarchists and assassins and persons with a private system of lexicography who define hanging as murder and murder as mischance, and many another disagreeable creation, but in all this welter of crime and stupidity are areas where human life is comparatively secure against the human hand. It is at least a significant coincidence that in these the death penalty for murder is fairly well enforced by judges who do not derive any part of their authority from those for whose restraint and punishment they hold it. Against the life of one guiltless person the lives of ten thousand murderers count for nothing; their hanging is a public good, without reference to the crimes that disclose their deserts. If we could discover them by other signs than their bloody deeds they should be hanged anyhow. Unfortunately we must have a death as evidence. The scientists who will tell us how to recognize the potential assassin, and persuade us to kill him, will be the greatest benefactor of his century.
What would these enemies of the gibbet have?—these lineal descendants of the drunken mobs that pelted the hangmen at Tyburn Tree; this progeny of criminals, which has so defiled with the mud of its animosity the noble office of public executioner that even "in this enlightened age" he shirks his high duty, entrusting it to a hidden or unnamed subordinate? If murder is unjust of what importance is it whether it's punishment by death be just or not?—nobody needs to incur it.
The Shadow On The Dial, and Other Essays Page 10
