Chapter IV (4)

I doubt if any other hope has the power to keep the fire alight as I saw it in 1897, when we met the Spanish exiles released from the fortress of Montjuich. Comparatively few persons in America ever knew the story of that torture, though we distributed fifty thousand copies of the letters smuggled from the prison, and some few newspapers did reprint them. They were the letters of men incarcerated on mere suspicion for the crime of an unknown person, and subjected to tortures the bare mention of which makes one shudder. Their nails were torn out, their heads compressed in metal caps, the most sensitive portions of the body twisted between guitar strings, their flesh burned with red hot irons; they had been fed on salt codfish after days of starvation, and refused water; Juan Ollé, a boy nineteen years old, had gone mad; another had confessed to something he had never done and knew nothing of. This is no horrible imagination. I who write have myself shaken some of those scarred hands. Indiscriminately, four hundred people of all sorts of beliefs--Republicans, trade unionists, Socialists, Free Masons, as well as Anarchists--had been cast into dungeons and tortured in the infamous "zero." Is it a wonder that most of them came out Anarchists? There were twenty-eight in the first lot that we met at Euston Station that August afternoon,--homeless wanderers in the whirlpool of London, released without trial after months of imprisonment, and ordered to leave Spain in forty-eight hours! They had left it, singing their prison songs; and still across their dark and sorrowful eyes one could see the eternal Maytime bloom. They drifted away to South America chiefly, where four or five new Anarchist papers have since arisen, and several colonizing experiments along Anarchist lines are being tried. So tyranny defeats itself, and the exile becomes the seed-sower of the revolution.

And not only to the heretofore unaroused does he bring awakening, but the entire character of the world movement is modified by this circulation of the comrades of all nations among themselves. Originally the American movement, the native creation which arose with Josiah Warren in 1829, was purely individualistic; the student of economy will easily understand the material and historical causes for such development. But within the last twenty years the communist idea has made great progress, owing primarily to that concentration in capitalist production which has driven the American workingman to grasp at the idea of solidarity, and, secondly, to the expulsion of active communist propagandists from Europe. Again, another change has come within the last ten years. Till then the application of the idea was chiefly narrowed to industrial matters, and the economic schools mutually denounced each other; to-day a large and genial tolerance is growing. The young generation recognizes the immense sweep of the idea through all the realms of art, science, literature, education, sex relations and personal morality, as well as social economy, and welcomes the accession to the ranks of those who struggle to realize the free life, no matter in what field. For this is what Anarchism finally means, the whole unchaining of life after two thousand years of Christian asceticism and hypocrisy.

Apart from the question of ideals, there is the question of method. "How do you propose to get all this?" is the question most frequently asked us. The same modification has taken place here. Formerly there were "Quakers" and "Revolutionists"; so there are still. But while they neither thought well of the other, now both have learned that each has his own use in the great play of world forces. No man is in himself a unit, and in every soul Jove still makes war on Christ. Nevertheless, the spirit of peace grows; and while it would be idle to say that Anarchists in general believe that any of the great industrial problems will be solved without the use of force, it would be equally idle to suppose that they consider force itself a desirable thing, or that it furnishes a final solution to any problem. From peaceful experiment alone can come final solution, and that the advocates of force know and believe as well as the Tolstoyans. Only they think that the present tyrannies provoke resistance. The spread of Tolstoy's "War and Peace" and "The Slavery of Our Times," and the growth of numerous Tolstoy clubs having for their purpose the dissemination of the literature of non-resistance, is an evidence that many receive the idea that it is easier to conquer war with peace. I am one of these. I can see no end of retaliations unless someone ceases to retaliate. But let no one mistake this for servile submission or meek abnegation; my right shall be asserted no matter at what cost to me, and none shall trench upon it without my protest.

Good-natured satirists often remark that "the best way to cure an Anarchist is to give him a fortune." Substituting "corrupt" for "cure," I would subscribe to this; and believing myself to be no better than the rest of mortals, I earnestly hope that as so far it has been my lot to work, and work hard, and for no fortune, so I may continue to the end; for let me keep the integrity of my soul, with all the limitations of my material conditions, rather than become the spineless and ideal-less creation of material needs. My reward is that I live with the young; I keep step with my comrades; I shall die in the harness with my face to the east--the East and the Light.

The Eleventh of November, 1887

Memorial Oration[A]

Let me begin my address with a confession. I make it sorrowfully and with self-disgust; but in the presence of great sacrifice we learn humility, and if my comrades could give their lives for their belief, why, let me give my pride. Yet I would not give it, for personal utterance is of trifling importance, were it not that I think at this particular season it will encourage those of our sympathizers whom the recent outburst of savagery may have disheartened, and perhaps lead some who are standing where I once stood to do as I did later.

This is my confession: Fifteen years ago last May when the echoes of the Haymarket bomb rolled through the little Michigan village where I then lived, I, like the rest of the credulous and brutal, read one lying newspaper headline, "Anarchists throw a bomb in a crowd in the Haymarket in Chicago," and immediately cried out, "They ought to be hung."--This, though I had never believed in capital punishment for ordinary criminals. For that ignorant, outrageous, bloodthirsty sentence I shall never forgive myself, though I know the dead men would have forgiven me, though I know those who loved them forgive me. But my own voice, as it sounded that night, will sound so in my ears till I die,--a bitter reproach and shame. What had I done? Credited the first wild rumor of an event of which I knew nothing, and, in my mind, sent men to the gallows without asking one word of defense! In one wild, unbalanced moment threw away the sympathies of a lifetime, and became an executioner at heart. And what I did that night millions did, and what I said millions said. I have only one word of extenuation for myself and all those people--ignorance. I did not know what Anarchism was. I had never seen it used save in histories, and there it was always synonymous with social confusion and murder. I believed the newspapers. I thought these men had thrown that bomb, unprovoked, into a mass of men and women, from a wicked delight in killing. And so thought all those millions of others. But out of those millions there were some few thousand--I am glad I was one of them--who did not let the matter rest there.

I know not what resurrection of human decency first stirred within me after that,--whether it was an intellectual suspicion that may be I did not know all the truth of the case and could not believe the newspapers, or whether it was the old strong undercurrent of sympathy which often prompts the heart to go out to the accused, without a reason; but this I do know that though I was no Anarchist at the time of the execution, it was long and long before that, that I came to the conclusion that the accusation was false, the trial a farce, that there was no warrant either in justice or in law for their conviction; and that the hanging, if hanging there should be, would be the act of a society composed of people who had said what I said on the first night, and who had kept their eyes and ears fast shut ever since, determined to see nothing and to know nothing but rage and vengeance. Till the very end I hoped that mercy might intervene, though justice did not; and from the hour I knew neither would nor ever could again, I distrusted law and lawyers, judges and governors alike. And my whole being cried out to know what it was these men had stood for, and why they were hanged, seeing it was not proven they knew anything about the throwing of the bomb.

Little by little, here and there, I came to know that what they had stood for was a very high and noble ideal of human life, and what they were hanged for was preaching it to the common people,--the common people who were as ready to hang them, in their ignorance, as the court and the prosecutor were in their malice! Little by little I came to know that these were men who had a clearer vision of human right than most of their fellows; and who, being moved by deep social sympathies, wished to share their vision with their fellows, and so proclaimed it in the market-place. Little by little I realized that the misery, the pathetic submission, the awful degradation of the workers, which from the time I was old enough to begin to think had borne heavily upon my heart, (as they must bear upon all who have hearts to feel at all), had smitten theirs more deeply still,--so deeply that they knew no rest save in seeking a way out,--and that was more than I had ever had the sense to conceive. For me there had never been a hope there should be no more rich and poor; but a vague idea that there might not be so rich and so poor, if the workingmen by combining could exact a little better wages, and make their hours a little shorter. It was the message of these men, (and their death swept that message far out into ears that would never have heard their living voices), that all such little dreams are folly. That not in demanding little, not in striking for an hour less, not in mountain labor to bring forth mice, can any lasting alleviation come; but in demanding, much,--all,--in a bold self-assertion of the worker to toil any hours he finds sufficient, not that another finds for him,--here is where the way out lies. That message, and the message of others, whose works, associated with theirs, their death drew to my notice, took me up, as it were, upon a mighty hill, wherefrom I saw the roofs of the workshops of the little world. I saw the machines, the things that men had made to ease their burden, the wonderful things, the iron genii, I saw them set their iron teeth in the living flesh of the men who made them; I saw the maimed and crippled stumps of men go limping away into the night that engulfs the poor, perhaps to be thrown up in the flotsam and jetsam of beggary for a time, perhaps to suicide in some dim corner where the black surge throws its slime.

I saw the rose fire of the furnace shining on the blanched face of the man who tended it, and knew surely as I knew anything in life, that never would a free man feed his blood to the fire like that.

I saw swart bodies, all mangled and crushed, borne from the mouths of the mines to be stowed away in a grave hardly less narrow and dark than that in which the living form had crouched ten, twelve, fourteen hours a day; and I knew that in order that I might be warm--I, and you, and those others who never do any dirty work--those men had slaved away in those black graves, and been crushed to death at last.

I saw beside city streets great heaps of horrible colored earth, and down at the bottom of the trench from which it was thrown, so far down that nothing else was visible, bright gleaming eyes, like a wild animal's hunted into its hole. And I knew that free men never chose to labor there, with pick and shovel in that foul, sewage-soaked earth, in that narrow trench, in that deadly sewer gas ten, eight, even six hours a day. Only slaves would do it.

I saw deep down in the hull of the ocean liner the men who shoveled the coal--burned and seared like paper before the grate; and I knew that "the record" of the beautiful monster, and the pleasure of the ladies who laughed on the deck, were paid for with these withered bodies and souls.

I saw the scavenger carts go up and down, drawn by sad brutes driven by sadder ones; for never a man, a man in full possession of his self-hood, would freely choose to spend all his days in the nauseating stench that forces him to swill alcohol to neutralize it.

And I saw in the lead works how men were poisoned, and in the sugar refineries how they went insane; and in the factories how they lost their decency; and in the stores how they learned to lie; and I knew it was slavery made them do all this. I knew the Anarchists were right,--the whole thing must be changed, the whole thing was wrong,--the whole system of production and distribution, the whole ideal of life.

And I questioned the government then; they had taught me to question it. What have you done--you the keepers of the Declaration and the Constitution--what have you done about all this? What have you done to preserve the conditions of freedom to the people?

Lied, deceived, fooled, tricked, bought and sold and got gain! You have sold away the land, that you had no right to sell. You have murdered the aboriginal people, that you might seize the land in the name of the white race, and then steal it away from them again, to be again sold by a second and a third robber. And that buying and selling of the land has driven the people off the healthy earth and away from the clean air into these rot-heaps of humanity called cities, where every filthy thing is done, and filthy labor breeds filthy bodies and filthy souls. Our boys are decayed with vice before they come to manhood; our girls--ah, well might John Harvey write:

"Another begetteth a daughter white and gold,
She looks into the meadow land water, and the world
Knows her no more; they have sought her field and fold
But the City, the City hath bought her,
It hath sold
Her piecemeal, to students, rats, and reek of the graveyard
mould."

You have done this thing, gentlemen who engineer the government; and not only have you caused this ruin to come upon others; you yourselves are rotten with this debauchery. You exist for the purpose of granting privileges to whoever can pay most for you, and so limiting the freedom of men to employ themselves that they must sell themselves into this frightful slavery or become tramps, beggars, thieves, prostitutes, and murderers. And when you have done all this, what then do you do to them, these creatures of your own making? You, who have set them the example in every villainy? Do you then relent, and remembering the words of the great religious teacher to whom most of you offer lip service on the officially religious day, do you go to these poor, broken, wretched creatures and love them? Love them and help them, to teach them to be better? No: you build prisons high and strong, and there you beat, and starve, and hang, finding by the working of your system human beings so unutterably degraded that they are willing to kill whomsoever they are told to kill at so much monthly salary.

This is what the government is, has always been, the creator and defender of privilege; the organization of oppression and revenge. To hope that it can ever become anything else is the vainest of delusions. They tell you that Anarchy, the dream of social order without government, is a wild fancy. The wildest dream that ever entered the heart of man is the dream that mankind can ever help itself through an appeal to law, or to come to any order that will not result in slavery wherein there is any excuse for government.

It was for telling the people this that these five men were killed. For telling the people that the only way to get out of their misery was first to learn what their rights upon this earth were;--freedom to use the land and all within it and all the tools of production--and then to stand all together and take them, themselves, and not to appeal to the jugglers of the law. Abolish the law--that is abolish privilege,--and crime will abolish itself.

They will tell you these men were hanged for advocating force. What! These creatures who drill men in the science of killing, who put guns and clubs in hands they train to shoot and strike, who hail with delight the latest inventions in explosives, who exult in the machine that can kill the most with the least expenditure of energy, who declare a war of extermination upon people who do not want their civilization, who ravish, and burn, and garotte and guillotine, and hang, and electrocute, they have the impertinence to talk about the unrighteousness of force! True, these men did advocate the right to resist invasion by force. You will find scarcely one in a thousand who does not believe in that right. The one will be either a real Christian or a non-resistant Anarchist. It will not be a believer in the State. No, no; it was not for advocating forcible resistance on principle, but for advocating forcible resistance to their tyrannies, and for advocating a society which would forever make an end of riches and poverty, of governors and governed.

The spirit of revenge, which is always stupid, accomplished its brutal act. Had it lifted its eyes from its work, it might have seen in the background of the scaffold that bleak November morning the dawn-light of Anarchy whiten across the world.

So it came first,--a gleam of hope to the proletaire, a summons to rise and shake off his material bondage. But steadily, steadily the light has grown, as year by year the scientist, the literary genius, the artist, and the moral teacher, have brought to it the tribute of their best work, their unpaid work, the work they did for love. To-day it means not only material emancipation, too; it comes as the summing up of all those lines of thought and action which for three hundred years have been making towards freedom; it means fulness of being, the free life.

And I say it boldly, notwithstanding the recent outburst of condemnation, notwithstanding the cry of lynch, burn, shoot, imprison, deport, and the Scarlet Letter A to be branded low down upon the forehead, and the latest excuse for that fond esthetic decoration "the button," that for two thousand years no idea has so stirred the world as this,--none which had such living power to break down barriers of race and degree, to attract prince and proletaire, poet and mechanic, Quaker and Revolutionist. No other ideal but the free life is strong enough to touch the man whose infinite pity and understanding goes alike to the hypocrite priest and the victim of Siberian whips; the loving rebel who stepped from his title and his wealth to labor with all the laboring earth; the sweet strong singer who sang

"No Master, high or low";

the lover who does not measure his love nor reckon on return; the self-centered one who "will not rule, but also will not ruled be"; the philosopher who chanted the Over-man; the devoted woman of the people; ay, and these too,--these rebellious flashes from the vast cloud-hung ominous obscurity of the anonymous, these souls whom governmental and capitalistic brutality has whipped and goaded and stung to blind rage and bitterness, these mad young lions of revolt, these Winkelrieds who offer their hearts to the spears.

[A] Delivered on November 11, 1901, in Chicago.

Crime and Punishment

Men are of three sorts: the turn backs, the rush-aheads, and the indifferents. The first and second are comparatively few in number. The really conscientious conservative, eternally looking backward for his models and trying hard to preserve that which is, is almost as scarce an article as the genuine radical, who is eternally attacking that which is and looking forward to some indistinct but glowing vision of a purified social life. Between them lies the vast nitrogenous body of the indifferents, who go through life with no large thoughts or intense feelings of any kind, the best that can be said of them being that they serve to dilute the too fierce activities of the other two. Into the callous ears of these indifferents, nevertheless, the opposing voices of conservative and radical are continually shouting; and for years, for centuries, the conservative wins the day, not because he really touches the consciences of the indifferent so much (though in a measure he does that) as because his way causes his hearer the least mental trouble. It is easier to this lazy, inert mentality to nod its head and approve the continuance of things as they are, than to listen to proposals for change, to consider, to question, to make an innovating decision. These require activity, application,--and nothing is so foreign to the hibernating social conscience of your ordinary individual.

I say "social" conscience, because I by no means wish to say that these are conscienceless people; they have, for active use, sufficient conscience to go through their daily parts in life, and they think that is all that is required. Of the lives of others, of the effects of their attitude in cursing the existences of thousands whom they do not know, they have no conception; they sleep; and they hear the voices of those who cry aloud about these things, dimly, as in dreams; and they do not wish to awaken. Nevertheless, at the end of the centuries they always awaken. It is the radical who always wins at last. At the end of the centuries institutions are reviewed by this aroused social conscience, are revised, sometimes are utterly rooted out.

Thus it is with the institutions of Crime and Punishment. The conservative holds that these things have been decided from all time; that crime is a thing-in-itself, with no other cause than the viciousness of man; that punishment was decreed from Mt. Sinai, or whatever holy mountain happens to be believed in in his country; that society is best served by strictness and severity of judgment and punishment. And he wishes only to make his indifferent brothers keepers of other men's consciences along these lines. He would have all men be hunters of men, that crime may be tracked down and struck down.

The radical says: All false, all false and wrong. Crime has not been decided from all time: crime, like everything else, has had its evolution according to place, time, and circumstance. "The demons of our sires become the saints that we adore,"--and the saints, the saints and the heroes of our fathers, are criminals according to our codes. Abraham, David, Solomon,--could any respectable member of society admit that he had done the things they did? Crime is not a thing-in-itself, not a plant without roots, not a something proceeding from nothing; and the only true way to deal with it is to seek its causes as earnestly, as painstakingly, as the astronomer seeks the causes of the perturbations in the orbit of the planet he is observing, sure that there must be one, or many, somewhere. And Punishment, too, must be studied. The holy mountain theory is a failure. Punishment is a failure. And it is a failure not because men do not hunt down and strike enough, but because they hunt down and strike at all; because in the chase of those who do ill, they do ill themselves; they brutalize their own characters, and so much the more so because they are convinced that this time the brutal act is done in accord with conscience. The murderous deed of the criminal was _against_ conscience, the torture or the murder of the criminal by the official is _with_ conscience. Thus the conscience is diseased and perverted, and a new class of imbruted men created. We have punished and punished for untold thousands of years, and we have not gotten rid of crime, we have not diminished it. Let us consider then.

The indifferentist shrugs his shoulders and remarks to the conservative: "What have I to do with it? I will hunt nobody and I will save nobody. Let every one take care of himself. I pay my taxes; let the judges and the lawyers take care of the criminals. And as for you, Mr. Radical, you weary me. Your talk is too heroic. You want to play Atlas and carry the heavens on your shoulders. Well, do it if you like. But don't imagine I am going to act the stupid Hercules and transfer your burden to my shoulders. Rave away until you are tired, but let me alone."

"I will not let you alone. I am no Atlas. I am no more than a fly; but I will annoy you, I will buzz in your ears; I will not let you sleep. You must think about this."

That is about the height and power of my voice, or of any individual voice, in the present state of the question. I do not deceive myself. I do not imagine that the question of crime and punishment will be settled till long, long after the memory of me shall be as completely swallowed up by time as last year's snow is swallowed by the sea. Two thousand years ago a man whose soul revolted at punishment, cried out: "Judge not, that ye be not judged," and yet men and women who have taken his name upon their lips as holy, have for all those two thousand years gone on judging as if their belief in what he said was only lip-belief; and they do it to-day. And judges sit upon benches and send men to their death,--even judges who do not themselves believe in capital punishment; and prosecutors exhaust their eloquence and their tricks to get men convicted; and women and men bear witness against sinners; and then they all meet in church and pray, "Forgive us our trespasses as we forgive those who trespass against us!"

Do they mean anything at all by it?

And I know that just as the voice of Jesus was not heard, and is not heard, save here and there; just as the voice of Tolstoy is not heard, save here and there; and others great and small are lost in the great echoless desert of indifferentism, having produced little perceptible effect, so my voice also will be lost, and barely a slight ripple of thought be propagated over that dry and fruitless expanse; even that the next wind of trial will straighten and leave as unimprinted sand.

Nevertheless, by the continued and unintermitting action of forces infinitesimal compared with the human voice, the greatest effects are at length accomplished. A wave-length of light is but the fifty-thousandth part of an inch, yet by the continuous action of waves like these have been produced all the creations of light, the entire world of sight, out of masses irresponsive, dark, colorless. And doubt not that in time this cold and irresponsive mass of indifference will feel and stir and realize the force of the great sympathies which will change the attitude of the human mind as a whole towards Crime and Punishment, and erase both from the world.

Not by lawyers and not by judges shall the final cause of the criminal be tried; but lawyer and judge and criminal together shall be told by the Social Conscience, "Depart in peace."

* * * * *

A great ethical teacher once wrote words like unto these: "I have within me the capacity for every crime."

Few, reading them, believe that he meant what he said. Most take it as the sententious utterance of one who, in an abandonment of generosity, wished to say something large and leveling. But I think he meant exactly what he said. I think that with all his purity Emerson had within him the turbid stream of passion and desire; for all his hard-cut granite features he knew the instincts of the weakling and the slave; and for all the sweetness, the tenderness, and the nobility of his nature, he had the tiger and the jackal in his soul. I think that within every bit of human flesh and spirit that has ever crossed the enigma bridge of life, from the prehistoric racial morning until now, all crime and all virtue were germinal. Out of one great soul-stuff are we sprung, you and I and all of us; and if in you the virtue has grown and not the vice, do not therefore conclude that you are essentially different from him whom you have helped to put in stripes and behind bars. Your balance may be more even, you may be mixed in smaller proportions altogether, or the outside temptation has not come upon you.

I am no disciple of that school whose doctrine is summed up in the teaching that Man's Will is nothing, his Material Surroundings all. I do not accept that popular socialism which would make saints out of sinners only by filling their stomachs. I am no apologist for characterlessness, and no petitioner for universal moral weakness. I believe in the individual. I believe that the purpose of life (in so far as we can give it a purpose, and it has none save what we give it) is the assertion and the development of strong, self-centered personality. It is therefore that no religion which offers vicarious atonement for the misdoer, and no philosophy which rests on the cornerstone of irresponsibility, makes any appeal to me. I believe that immeasurable mischief has been wrought by the ceaseless repetition for the last two thousand years of the formula: "Not through any merit of mine shall I enter heaven, but through the sacrifice of Christ."--Not through the sacrifice of Christ, nor any other sacrifice, shall any one attain strength, save in so far as he takes the spirit and the purpose of the sacrifice into his own life and lives it. Nor do I see anything as the result of the teaching that all men are the helpless victims of external circumstance and under the same conditions will act precisely alike, than a lot of spineless, nerveless, bloodless crawlers in the tracks of stronger men,--too desirous of ease to be honest, too weak to be successful rascals.

Let this be put as strongly as it can now, that nothing I shall say hereafter may be interpreted as a gospel of shifting and shirking.

But the difference between us, the Anarchists, who preach self-government and none else, and Moralists who in times past and present have asked for individual responsibility, is this, that while they have always framed creeds and codes for the purpose of _holding others to account_, we draw the line upon ourselves. Set the standard as high as you will; live to it as near as you can; and if you fail, try yourself, judge yourself, condemn yourself, if you choose. Teach and persuade your neighbor if you can; consider and compare his conduct if you please; speak your mind if you desire; but if he fails to reach your standard or his own, try him not, judge him not, condemn him not. He lies beyond your sphere; you cannot know the temptation nor the inward battle nor the weight of the circumstances upon him. You do not know how long he fought before he failed. Therefore you cannot be just. Let him alone.

This is the ethical concept at which we have arrived, not by revelation from any superior power, not through the reading of any inspired book, not by special illumination of our inner consciousness; but by the study of the results of social experiment in the past as presented in the works of historians, psychologists, criminologists, sociologists and legalists.

Very likely so many "ists" sound a little oppressive, and there may be those to whom they may even have a savor of pedantry. It sounds much simpler and less ostentatious to say "Thus saith the Lord," or "The Good Book says." But in the meat and marrow these last are the real presumptions, these easy-going claims of familiarity with the will and intent of Omnipotence. It may sound more pedantic to you to say, "I have studied the accumulated wisdom of man, and drawn certain deductions therefrom," than to say "I had a talk with God this morning and he said thus and so"; but to me the first statement is infinitely more modest. Moreover there is some chance of its being true, while the other is highly imaginative fiction.

This is not to impugn the honesty of those who inherit this survival of an earlier mental state of the race, and who accept it as they accept their appetites or anything else they find themselves born with. Nor is it to belittle those past efforts of active and ardent souls who claimed direct divine inspiration as the source of their doctrines. All religions have been, in their great general outlines, the intuitive graspings of the race at truths which it had not yet sufficient knowledge to demonstrate,--rude and imperfect statements of ideas which were yet but germinal, but which, even then, mankind had urgent need to conceive, and upon which it afterwards spent the efforts of generations of lives to correct and perfect. Thus the very ethical concept of which I have been speaking as peculiarly Anarchistic, was preached as a religious doctrine by the fifteenth century Tolstoy, Peter Chilciky; and in the sixteenth century, the fanatical sect of the Anabaptists shook Germany from center to circumference by a doctrine which included the declaration that "pleadings in courts of law, oaths, capital punishment, and all absolute power were incompatible with the Christian faith." It was an imperfect illumination of the intellect, such only as was possible in those less enlightened days, but an illumination that defined certain noble conceptions of justice. They appealed to all they had, the Bible, the inner light, the best that they knew, to justify their faith. We to whom a wider day is given, who can appeal not to one book but to thousands, who have the light of science which is free to all that can command the leisure and the will to know, shining white and open on these great questions, dim and obscure in the days of Peter Chilciky, we should be the last to cast a sneer at them for their heroic struggle with tyranny and cruelty; though to-day the man who would claim their claims on their grounds would justly be rated atavist or charlatan.

Nothing or next to nothing did the Anabaptists know of history. For genuine history, history which records the growth of a whole people, which traces the evolution of its mind as seen in its works of peace,--its literature, its art, its constructions--is the creation of our own age. Only within the last seventy-five years has the purpose of history come to have so much depth as this. Before that it was a mere register of dramatic situations, with no particular connection, a chronicle of the deeds of prominent persons, a list of intrigues, scandals, murders big and little; and the great people, the actual builders and preservers of the race, the immense patient, silent mass who painfully filled up all the waste places these destroyers made, almost ignored. And no man sought to discover the relations of even the recorded acts to any general causes; no man conceived the notion of discovering what is political and moral growth or political and moral suicide. That they did not do so is because writers of history, who are themselves incarnations of their own time spirit, could not get beyond the unscientific attitude of mind, born of ignorance and fostered by the Christian religion, that man is something entirely different from the rest of organized life; that he is a free moral agent, good if he pleases and bad if he pleases, that is, according as he accepts or rejects the will of God; that every act is isolated, having no antecedent, morally, but the will of its doer. Nor until modern science had fought its way past prisons, exilements, stakes, scaffolds, and tortures, to the demonstration that man is no free-will freak thrust by an omnipotent joker upon a world of cause and sequence to play havoc therein, but just a poor differentiated bit of protoplasm as much subject to the general processes of matter and mind as his ancient progenitor in the depths of the Silurian sea, not until then was it possible for any real conception of the scope of history to begin. Not until then was it said: "The actions of men are the effects of large and general causes. Humanity as a whole has a regularity of movement as fixed as the movement of the tides; and given certain physical and social environments, certain developments may be predicted with the certainty of a mathematical calculation." Thus crime, which for so many ages men have gone on punishing more or less light-heartedly, so far from having its final cause in individual depravity, bears a steady and invariable relation to the production and distribution of staple food supplies, a thing over which society itself at times can have no control (as on the occasion of great natural disturbances), and in general does not yet know how to manage wisely: how much less, then, the individual! This regularity of the recurrence of crime was pointed out long before by the greatest statisticians of Europe, who, indeed, did not go so far as to question why it was so, nor to compare these regularities with other regularities, but upon whom the constant repetition of certain figures in the statistics of murder, suicide, assault, etc., made a profound impression. It was left to the new historians, the great pioneer among whom was H. T. Buckle in England, to make the comparisons in the statistics, and show that individual crimes as well as virtues are always calculable from general material conditions.

This is the basis from which we argue, and it is a basis established by the comparative history of civilizations. In no other way could it have been really established. It might have been guessed at, and indeed was. But only when the figures are before us, figures obtained "by millions of observations extending over different grades of civilization, with different laws, different opinions, different habits, different morals" (I am quoting Buckle), only then are we able to say surely that the human mind proceeds with a regularity of operation overweighing all the creeds and codes ever invented, and that if we would begin to understand the problem of the treatment of crime, we must go to something far larger than the moral reformation of the criminal. No prayers, no legal enactments, will ever rid society of crime. If they would, there have been prayers enough and preachments enough and laws enough and prisons enough to have done it long ago. But pray that the attraction of gravitation shall cease. Will it cease? Enact that water shall freeze at 100° heat. Will it freeze? And no more will men be sane and honest and just when they are compelled to live in an insane, dishonest, and unjust society, when the natural operation of the very elements of their being is warred upon by statutes and institutions which must produce outbursts destructive both to themselves and to others.

Away back in 1835 Quetelet, the French statistician, wrote: "Experience demonstrates, in fact, by every possible evidence, this opinion, which may seem paradoxical at first, that it is society which prepares the crime, and that the guilty one is but the instrument which executes it." Every crime, therefore, is a charge against society which can only be rightly replied to when society consents to look into its own errors and rectify the wrong it has done. This is one of the results which must, in the end, flow from the labors of the real historians; one of the reasons why history was worth writing at all.

Now the next point in the problem is the criminal himself. Admitting what cannot be impeached, that there is cause and sequence in the action of man; admitting the pressure of general causes upon all alike, what is the reason that one man is a criminal and another not?

From the days of the Roman jurisconsults until now the legalists themselves have made a distinction between crimes against the law of nature and crimes merely against the law of society. From the modern scientific standpoint no such distinction can be maintained. Nature knows nothing about crime, and nothing ever was a crime until the social Conscience made it so. Neither is it easy when one reads their law books, even accepting their view-point, to understand why certain crimes were catalogued as against the law of nature, and certain others as of the more artificial character. But I presume what were in general classed as crimes against nature were Acts of Violence committed against persons. Aside from these we have a vast, an almost interminable number of offenses big and little, which are in the main attacks upon the institution of property, concerning which some very different things have to be said than concerning the first. As to these first there is no doubt that these are real crimes, by which I mean simply anti-social acts. Any action which violates the life or liberty of any individual is an anti-social act, whether done by one person, by two, or by a whole nation. And the greatest crime that ever was perpetrated, a crime beside which all individual atrocities diminish to nothing, is War; and the greatest, the least excusable of murderers are those who order it and those who execute it. Nevertheless, this chiefest of murderers, the Government, its own hands red with the blood of hundreds of thousands, assumes to correct the individual offender, enacting miles of laws to define the varying degrees of his offense and punishment, and putting beautiful building stone to very hideous purposes for the sake of caging and tormenting him therein.

We do get a fig from a thistle--sometimes! Out of this noisome thing, the prison, has sprung the study of criminology. It is very new, and there is considerable painstaking nonsense about it. But the main results are interesting and should be known by all who wish to form an intelligent conception of what a criminal is and how he should be treated. These men who are cool and quiet and who move among criminals and study them as Darwin did his plants and animals, tell us that these prisoners are reducible to three types: The Born Criminal, the Criminaloid, and the Accidental Criminal. I am inclined to doubt a great deal that is said about the born criminal. Prof. Lombroso gives us very exhaustive reports of the measurements of their skulls and their ears and their noses and their thumbs and their toes, etc. But I suspect that if a good many respectable, decent, never-did-a-wrong-thing-in-their-lives people were to go up for measurement, malformed ears and disproportionately long thumbs would be equally found among them if they took the precaution to represent themselves as criminals first. Still, however few in number (and they are really very few), there are some born criminals,--people who through some malformation or deficiency or excess of certain portions of the brain are constantly impelled to violent deeds. Well, there are some born idiots and some born cripples. Do you punish them for their idiocy or for their unfortunate physical condition? On the contrary, you pity them, you realize that life is a long infliction to them, and your best and tenderest sympathies go out to them. Why not to the other, equally a helpless victim of an evil inheritance? Granting for the moment that you have the right to punish the mentally responsible, surely you will not claim the right to punish the mentally irresponsible!

Even the law does not hold the insane man guilty. And the born criminal is irresponsible; he is a sick man, sick with the most pitiable chronic disease; his treatment is for the medical world to decide, and the best of them,--not for the prosecutor, the judge, and the warden.

It is true that many criminologists, including Prof. Lombroso himself, are of opinion that the best thing to do with the born criminal is to kill him at once, since he can be only a curse to himself and others. Very heroic treatment. We may inquire, Is he to be exterminated at birth because of certain physical indications of his criminality? Such neo-Spartanism would scarcely commend itself to any modern society. Moreover the diagnosis might be wrong, even though we had a perpetual and incorruptible commission of the learned to sit in inquiry upon every pink-skinned little suspect three days old! What then? Is he to be let go, as he is now, until he does some violent deed and then be judged more hardly because of his natural defect? Either proposition seems not only heartless and wicked but,--what the respectable world is often more afraid of being than either,--ludicrous. If one is really a born criminal he will manifest criminal tendencies in early life, and being so recognized should be cared for according to the most humane methods of treating the mentally afflicted.

The second, or criminaloid, class is the most numerous of the three. These are criminals, first, because being endowed with strong desires and unequal reasoning powers they cannot maintain the uneven battle against a society wherein the majority of individuals must all the time deny their natural appetites, if they are to remain unstained with crime. They are, in short, the ordinary man (who, it must be admitted, has a great deal of paste in him) plus an excess of wants of one sort and another, but generally physical. Society outside of prisons is full of these criminaloids, who sometimes have in place of the power of genuine moral resistance a sneaking cunning by which they manage to steer a shady course between the crime and the punishment.

It is true these people are not pleasant subjects to contemplate; but then, through that very stage of development the whole human race has had to pass in its progress from the beast to the man,--the stage, I mean, of overplus of appetite opposed by weak moral resistance; and if now some, it is not certain that their number is very great, have reversed the proportion, it is only because they are the fortunate inheritors of the results of thousands of years of struggle and failure, struggle and failure, but _struggle_ again. It is precisely these criminaloids who are most sinned against by society, for they are the people who need to have the right of doing things made easy, and who, when they act criminally, need the most encouragement to help the feeble and humiliated moral sense to rise again, to try again.

The third class, the Accidental or Occasional Criminals, are perfectly normal, well balanced people, who, through tremendous stress of outward circumstance, and possibly some untoward mental disturbance arising from those very notions of the conduct of life which form part of their moral being, suddenly commit an act of violence which is at utter variance with their whole former existence; such as, for instance, the murder of a seducer by the father of the injured girl, or of a wife's paramour by her husband. If I believed in severity at all I should say that these were the criminals upon whom society should look with most severity, because they are the ones who have most mental responsibility. But that also is nonsense; for such an individual has within him a severer judge, a more pitiless jailer than any court or prison,--his conscience and his memory. Leave him to these; or no, in mercy take him away from these whenever you can; he will suffer enough, and there is no fear of his action being repeated.

Now all these people are with us, and it is desirable that something be done to help the case. What does Society do? Or rather what does Government do with them? Remember we are speaking now only of crimes of violence. It hangs, it electrocutes, it exiles, it imprisons. Why? For punishment. And why punishment? "Not," says Blackstone, "by way of atonement or expiation for the crime committed, for that must be left to the just determination of the Supreme Being, but as a precaution against future offenses of the same kind." This is supposed to be effected in three ways: either by reforming him, or getting rid of him altogether, or by deterring others by making an example of him.

Let us see how these precautions work. Exile, which is still practised by some governments, and imprisonment are, according to the theory of law, for the purpose of reforming the criminal that he may no longer be a menace to society. Logic would say that anyone who wished to obliterate cruelty from the character of another must himself show no cruelty; one who would teach regard for the rights of others must himself be regardful. Yet the story of exile and prison is the story of the lash, the iron, the chain and every torture that the fiendish ingenuity of _the non-criminal class can devise by way of teaching criminals to be good_! To teach men to be good, they are kept in airless cells, made to sleep on narrow planks, to look at the sky through iron grates, to eat food that revolts their palates, and destroys their stomachs,--battered and broken down in body and soul; and this is what they call reforming men!

Not very many years ago the Philadelphia dailies told us (and while we cannot believe all of what they say, and are bound to believe that such cases are exceptional, yet the bare facts were true) that Judge Gordon ordered an investigation into the workings of the Eastern Penitentiary officials; and it was found that an insane man had been put into a cell with two sane ones, and when he cried in his insane way and the two asked that he be put elsewhere, the warden gave them a strap to whip him with; and they tied him in some way to the heater, with the strap, so that his legs were burned when he moved; all scarred with the burns he was brought into the court, and the other men frankly told what they had done and why they had done it. This is the way they reform men.

Do you think people come out of a place like that better? with more respect for society? with more regard for the rights of their fellow men? I don't. I think they come out of there with their hearts full of bitterness, much harder than when they went in. That this is often the case is admitted by those who themselves believe in punishment, and practice it. For the fact is that out of the Criminaloid class there develops the Habitual Criminal, the man who is perpetually getting in prison; no sooner is he out than he does something else and gets in again. The brand that at first scorched him has succeeded in searing. He no longer feels the ignominy. He is a "jail-bird," and he gets to have a cynical pride in his own degradation. Every man's hand is against him, and his hand is against every man's. Such are the reforming effects of punishment. Yet there was a time when he, too, might have been touched, had the right word been spoken. It is for society to find and speak that word.