FOOTNOTES:

Again, if the criminal be condemned to life-imprisonment, there is always the possibility of his escape to be considered, and the fact that he will probably stick at nothing to accomplish his escape. The dangers of ultimate success may not be so large; our prisons are nowadays strongly built, the warders and other officers are very seldom open to bribes, and the proportion of escapes is extremely small. Nevertheless, the hopelessness of a life-sentence must constitute a strong motive for the stimulation of effort and ingenuity; and it can scarcely be hoped that a man who has not before hesitated at murder, and who has no greater penalty to fear in case of any number of repetitions of the crime, will hesitate when his liberty and all it means to him of freedom from irksome discipline and restraint of vice, is at stake. And in case of escape society has to fear, not only repetitions of the crime, but also the numberless and complex workings of the criminal's influence on others, and the propagation of offspring who may inherit his evil propensities.

And, furthermore, if the sentence of life-imprisonment is carried out, the murderer's influence on the other tenants of the prison is to be considered, in case he is not kept in solitary confinement. The preservation of a large number of desperate criminals, in contact with the less corrupt ones whose reform is being attempted,has many objections. Criminals have more than once stated that they learned their worst principles from companions in prison, and many of our prisons and many of our reformatories have been called mere schools of vice. Moreover, in maintaining our desperate criminals, we are spending large sums for their comfort while hundreds of better men are left to starve, and thousands are more poorly clothed and fed.

The fact that murder has not increased in some countries where the death-sentence has been abolished may be admitted as evidence in the matter, but cannot be regarded, alone, as conclusive. For, first, that which is for the general good in one country may not be so in another, the national temperament, form of government, and general habits of which are different. And, furthermore, it may be said that, although statistics undoubtedly must have some meaning in all cases, the complication of social conditions renders it often difficult to say just what the significance may be in the particular case. In the diminution of murders, other circumstances may have been at work which would have lessened the number even if the death-sentence had not been abolished. At least, experiments with regard to the abolition of the death-penalty have been too few to render any categorical assertion on the subject possible.

But some of the above-stated objections to the abolition of capital punishment might be removed by the provision of separate prisons for malefactors condemned to life-imprisonment, with separate wards according to the moral condition of the prisoners, little communication being allowed between even those in the same ward, or communication only under supervision, and such instruction being given as would enable the individual to occupy the hours not devoted to labor in study, reading, or other mental recreation.

Green, in his book on crime, calls attention to the very undesirable vindictiveness sometimes aroused, by sentence of death, in the minds of the condemned and of his friends, and notices the general evil of the feeling in the minds of criminals that the state is their deadly foe, defiance of the laws being thus raised to the plane of legitimate warfare upon an enemy. The Hon. John J. Wheeler, in a paper quoted by Green, lays especial stress on the desirability of convincing the criminal that not revenge but the protection of society is aimed at in state-punishment.

Again, the question may be asked whether the sentimental tendencyto regard the criminal as a hero is not fostered by the death-sentence—whether the pity aroused at so extreme a fate would not be inclined to take a less harmful form if the treatment of the criminal were at once firm and humane but less sensational. Doubtless, the glory of crime and half its attractiveness for a large class of morbid criminals would be departed, if we could come to regard the latter with commiseration as of a lower and abnormal type of humanity and to treat them as such. But it must be remembered that society, as a whole, is yet far from so scientific a conception; and that combined firmness and kindness of treatment is difficult to secure, both in prison-officials and in those officers who have the power of pardon at present placed in their hands. We need obviously many reforms in our system of sentence and pardon, as well as in the management of our prisons. We need more men like Mr. Brockway of Elmira, Mr. Wardwell of Virginia, and those other modern reformers of prison-life whose office is to them a matter of humanity and not merely of business. And especially, we need more firmness in society as a whole; sympathy and mercy may be evils in the path of human progress when they deteriorate into a weakness which sacrifices the innocent in a mistaken humanity towards the guilty. In order to be well directed, sympathy must consider all men, and not the individual alone; only then is it an unmitigated good.

But as for the argument noticed above with regard to the employment of large sums of money for the maintenance of the criminal classes while the class of honest laborers is yet in destitution, it cannot be considered, on close inspection, as of great weight. Certainly it would not be well to maintain the criminal in luxury while other reforms were waiting. But if we act on the principle of deferring all less important reforms until all the more important ones are accomplished, we shall be in danger of not reforming at all. Any reform that is well-timed and possible is important; for the complication of social relations makes all reforms of weight in their wider significance. No reforms can or should be made in a lump; improvement must come from all sides and little by little; sympathy must be consistent and influence social conditions in every direction gradually as it gradually increases. It is the superficial Utilitarianism which bids us wait such a reform as this, though possible, for another,—the same sort of Utilitarianism which advocates the introduction of the Spartan custom ofpreserving only well-formed and vigorous infants, and advises the administration of painless poisons to those hopelessly ill and suffering. All these things have their relation to character, and, therefore, to other social evils, or reforms.

And here we are brought finally to the consideration of the point hitherto left out of account,—a point which bears, however, a strong argument; namely, the fact of the possible condemnation of innocent men to death. Even since the limitation of capital punishment to cases of murder the innocent have been hung or guillotined in mistake for the guilty. And for such mistakes there is no reparation; the grave never gives up its dead. Men have sometimes been discovered to be innocent in spite of the strongest evidence against them; human observation is defective, human memory fallible, human character—especially such as often appears in evidence against the murderer—by no means always strictly honorable and honest. Even confessions of guilt have sometimes been proved false. As with regard to other propositions to place the power of the life or death of individuals in the hands of their fellow men, the question presents itself as to whether the use of so great power is not dangerous. And this appears to me the decisive point of our inquiry.

Societies are being formed for the abolition of capital punishment, and feeling is growing strong in its favor. Let us hope, however, that the reformers will adopt a policy stringent and judicious as well as merciful;—that they will not forget that, in order to render the preservation of the murderer harmless to society we need other reforms in law and prison management.

In general, it may be said of all questions, that the conflict between the principles of justice and mercy, known to theological Ethics, resolves itself, from a higher point of view, into the question of justice only. The mercy which is not justice, is either mercy to one at the expense of others, or mercy that spares the offender in one respect to his own greater disadvantage in another. The ideal character is thus at once gentle and strong.

We have followed the development of altruism from egoism up to the point where the thought of punishment ensuing upon the non-performance of duty ceases to play a large part in the motive to action, the reward of the pleasure of others and of their gratitude and love forming a complex motive. But beyond even the incentives of love there lies still a higher motive which, incases of conflict, must figure as the highest morally. In an ideal state, the social sanction could not conflict with duty; but until we reach such a state, the independence of moral motive must be observed, the moral man must do what appears to him right, in spite of public opinion. The course has its dangers, and the principle must be carried out with caution, the questions involving such a course be carefully considered from all sides and in all lights. But when this has been done, the sense of duty remains supreme. In the ideal man, the consciousness of duty performed should constitute the strongest pleasure, the consciousness of failure in duty the severest pain. This is the solution of the problem Ibsen gives us in "Rosmersholm"; society has not advanced from savagery by permitting all pleasures which the individual desires; nor can it advance further towards the ideal by permitting the individual to choose those pleasures which the future shall regard as evidence of our present semi-barbarous state, since they are pleasures inimical to the peace of others and the general good of society; as in the past, so in the present and future, the harmony between pleasure and duty (that is between the conflicting pleasures of individuals) can be attained only by habit which shall bring the desires of the individual into harmony with duty. Thus only can all desires, the happiness of all individuals, attain to harmony,—to "full" equilibrium.

And this leads me to remark that we have reason to doubt the moral conviction of very many who protest against the "immoral" and "superstitious" restriction of personal pleasure in certain directions. Were such individuals morally convinced, were duty to their fellow men really uppermost in their minds, they would not choose darkness and secrecy for their deeds, but after careful and thorough statement of their opinions and reasons would show the earnestness of their belief by open act. The man whose moral conviction is to him the highest duty does not fear public opinion, but dares to follow that which seems to him right, in the face of slander; therefore, we suspect the man who hides his deeds, of seeking his own pleasure and not that of society as a whole.

"Conscience is harder than our enemies,Knows more, accuses with more nicety,Nor needs to question Rumor if we fallBelow the perfect level of our thought.I fear no outward arbiter,"

says Don Silva in "The Spanish Gypsy."

But for our encouragement, let us contemplate the heroic characters which progress has developed. From these we may take hope and courage, in these we may find the best results of the moral evolution of our race, and the promise of the better future which man alone can work out by ever-renewed effort. The love of such characters, and even the knowledge that they exist, is the highest joy of human association, a joy which the present age may feel in a degree that no former age has known; and herein lies the greater beauty of the present time over all others. The thought of such characters can sustain us even in our own self-doubt. What man has done, man can do. Nay, he shall do more, much more.

The question as to the final destruction of the human race, whether by sudden catastrophe or slow decay, can little affect happiness, at present, or for very many ages to come. As yet, evolution is in the direction of a greater harmony that means continually greater pleasure to life. We have not reached our maximum, we are evolving upwards towards it. The pessimist is fond of making much of the final end of our planet; but the healthy and successful will be happy in spite of future ages, and the extent and degree of happiness will continue to increase for such an immense period of time that there is no reason for considering the destruction of our race as exerting any important influence on ethical theory. The loss of our faith in individual immortality is a far greater source of present pain. It leaves death a harder sorrow;—but it lends life new meaning. The good we strive for lies no longer in a world of dreams on the other side the grave; it is brought down to earth and waits to be realized by human hands, through human labor. We are called on to forsake the finer egoism that centred all its care on self-salvation, for a love of our own kind that shall triumph over death, and leave its impress on the joy of generations to come. There is something lost in the dissolution of the old faith to us who were reared in it. The hope of restitution, to the individual, from supernatural cause, here or hereafter, is forever done away with. There is no restitution. In our favorite novel, when the doors are closed and the lights extinguished, that some unspeakable sorrow may hide itself in darkness and silence, we can always turn back the leaves till we are again in the midst of light and music and dancing, and the heart for which the tragic knife is pitilessly sharpening in the handof Destiny, is yet untouched. But in the book of Reality, there is no turning back; the pages are burned before our eyes as we read. Sooner or later, we all of us reach the point where that which made life most worth living has passed away from us forever. There is no help save the knowledge of the fact, that shall make us all draw closer in sympathy and by mutual kindness render loss less bitter. As we accept the Truth, and bow our head to the Inevitable, we may learn a less narrow happiness for this life and for the Hereafter, from the great pioneers of Scientific Doubt and pure Humanitarianism, one of whom has written:—

"Oh, may I join the choir invisibleOf those immortal dead who live againIn minds made better by their presence; liveIn pulses stirred to generosity,In deeds of daring rectitude, in scornFor miserable aims that end with self,In thoughts sublime that pierce the night like stars,And with their mild persistence urge man's searchTo vaster issues.So to live is heaven:To make undying music in the world,Breathing as beauteous order that controlsWith growing sway the growing life of man.*....*....*....*This is life to come,Which martyred men have made more gloriousFor us who strive to follow. May I reachThat purest heaven, be to other soulsThe cup of strength in some great agony,Enkindle generous ardor, feed pure love,Beget the smiles that have no cruelty,—Be the sweet presence of a good diffused,And in diffusion ever more intense.So shall I join the choir invisible,Whose music is the gladness of the world."

*....*....*....*

This is life to come,Which martyred men have made more gloriousFor us who strive to follow. May I reachThat purest heaven, be to other soulsThe cup of strength in some great agony,Enkindle generous ardor, feed pure love,Beget the smiles that have no cruelty,—Be the sweet presence of a good diffused,And in diffusion ever more intense.So shall I join the choir invisible,Whose music is the gladness of the world."

FOOTNOTES:[275]It should be said, in justice to the play in question, that the idea of purification by evil was evidently not present to its author.[276]See Part I. p. 33, this book; "Social Statics," 87-89.[277]"Le Luxe," p. 2.[278]"Le Luxe," p. 12.[279]"Fabian Essays in Socialism," pp. 27, 145, etc.[280]I have used the word here as elsewhere in its more general, not in its specific, technical sense.[281]"Fabian Essays," p. 57.[282]See "Jahrbücher für Psychiatrie," 1889, "Ueber Neurosen und Psychosen durch sexuelle Abstinenz."[283]See essay by Charles Dudley Warner in the "North American Review" for April, 1885.[284]S. M. Green: "Crime," Art. III. Chap. V.

[275]It should be said, in justice to the play in question, that the idea of purification by evil was evidently not present to its author.

[276]See Part I. p. 33, this book; "Social Statics," 87-89.

[277]"Le Luxe," p. 2.

[278]"Le Luxe," p. 12.

[279]"Fabian Essays in Socialism," pp. 27, 145, etc.

[280]I have used the word here as elsewhere in its more general, not in its specific, technical sense.

[281]"Fabian Essays," p. 57.

[282]See "Jahrbücher für Psychiatrie," 1889, "Ueber Neurosen und Psychosen durch sexuelle Abstinenz."

[283]See essay by Charles Dudley Warner in the "North American Review" for April, 1885.

[284]S. M. Green: "Crime," Art. III. Chap. V.

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