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A Cynic Look at Life Page 2
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For eloquence per se-considered merely as an art of pleasing-I entertain something of the respect evoked by success; for it always pleases at least the speaker. It is to speech what an ornate style is to writing-good and pleasant enough in its time and place and, like pie-crust and the evening girl, destitute of any basis in common sense. Forensic eloquence, on the contrary, has an all too sufficient foundation in reason and the order of things: it promotes the ambition of tricksters and advances the fortunes of rogues. For I take it that the Ciceros, the Mirabeaus, the Burkes, the O'Connells, the Patrick Henrys and the rest of them-pets of the text-bookers and scourges of youth-belong in either the one category or the other, or in both. Anyhow I find it impossible to think of them as highminded men and right-forth statesmen-with their actors' tricks, their devices of the countenance, inventions of gesture and other cunning expedients having nothing to do with the matter in hand. Extinction of the orator I hold to be the most beneficent possibility of evolution. If Mr. Goss has done anything to retard that blessed time when the Bourke Cockrans shall cease from troubling and the eary be at rest he is an enemy of his race.
"What!" exclaims the thoughtless reader-I have but one-"are not the great forensic speeches by the world's famous orators good reading? Considering them merely as literature do you not derive a high and refining pleasure from them?" I do not: I find them turgid and tumid no end. They are bad reading, though they may have been good hearing. In order to enjoy them one must have in memory what, indeed, one is seldom permitted to forget: that they were addressed to the ear; and in imagination one must hold some shadowy simulacrum of the orator himself, uttering his work. These conditions being fulfilled there remains for application to the matter of the discourse too little attention to get much good of it, and the total effect is confusion. Literature by which the reader is compelled to bear in mind the producer and the circumstances under which it was produced can be spared.
NATURA BENIGNA
It is not always on remote islands peopled with pagans that great disasters occur, as memory witnesseth. Nor are the forces of nature inadequate to production of a fiercer throe than any that we have known. The situation is this: we are tied by the feet to a fragile shell imperfectly confining a force powerful enough under favoring conditions, to burst it asunder and set the fragments wallowing and grinding together in liquid flame, in the blind fury of a readjustment. Nay, it needs no such stupendous cataclysm to depeople this uneasy orb. Let but a square mile be blown out of the bottom of the sea, or a great rift open there. Is it to be supposed that we would be unaffected in the altered conditions generated by a contest between the ocean and the earth's molten core? These fatalities are not only possible but in the highest degree probable. It is probable, indeed, that they have occurred over and over again, effacing all the more highly organized forms of life, and compelling the slow march of evolution to begin anew. Slow? On the stage of Eternity the passing of races-the entrances and exits of Life-are incidents in a brisk and lively drama, following one another with confusing rapidity.
Mankind has not found it practicable to abandon and avoid those places where the forces of nature have been most malign. The track, of the Western tornado is speedily repeopled. San Francisco is still populous, despite its earthquake, Galveston despite its storm, and even the courts of Lisbon are not kept by the lion and the lizard. In the Peruvian village straight downward into whose streets the crew of a United States warship once looked from the crest of a wave that stranded her a half mile inland are heard the tinkle of the guitar and the voices of children at play. There are people living at Herculaneum and Pompeii. On the slopes about Catania the goatherd endures with what courage he may the trembling of the ground beneath his feet as old Enceladus again turns over on his other side. As the Hoang-Ho goes back inside its banks after fertilizing its contiguity with hydrate of China-man the living agriculturist follows the receding wave, sets up his habitation beneath the broken embankment, and again the Valley of the Gone Away blossoms as the rose, its people diving with Death.
This matter can not be amended: the race exposes itself to peril because it can do no otherwise. In all the world there is no city of refuge-no temple in which to take sanctuary, clinging to the horns of the altar-no "place apart" where, like hunted deer, we can hope to elude the baying pack of Nature's malevolences. The dead-line is drawn at the gate of life: Man crosses it at birth. His advent is a challenge to the entire pack-earthquake, storm, fire, flood, drought, heat, cold, wild beasts, venomous reptiles, noxious insects, bacilli, spectacular plague and velvet-footed household disease-all are fierce and tireless in pursuit. Dodge, turn and double how he can, there's no eluding them; soon or late some of them have him by the throat and his spirit returns to the God who gave it-and gave them.
We are told that this earth was made for our inhabiting. Our dearly beloved brethren in the faith, our spiritual guides, philosophers and friends of the pulpit, never tire of pointing out the goodness of God in giving us so excellent a place to live in and commending the admirable adaptation of all things to our needs.
What a fine world it is, to be sure-a darling little world, "so suited to the needs of man." A globe of liquid fire, straining within a shell relatively no thicker than that of an egg-a shell constantly cracking and in momentary danger of going all to pieces! Three-fourths of this delectable field of human activity are covered with an element in which we can not breathe, and which swallows us by myriads:
With moldering bones the deep is white
From the frozen zones to the tropic bright.
Of the other one-fourth more than one-half is uninhabitable by reason of climate. On the remaining one-eighth we pass a comfortless and precarious existence in disputed occupancy with countless ministers of death and pain-pass it in fighting for it, tooth and nail, a hopeless battle in which we are foredoomed to defeat. Everywhere death, terror, lamentation and the laughter that is more terrible than tears-the fury and despair of a race hanging on to life by the tips of its fingers. And the prize for which we strive, "to have and to hold"-what is it? A thing that is neither enjoyed while had, or missed when lost. So worthless it is, so unsatisfying, so inadequate to purpose, so false to hope and at its best so brief, that for consolation and compensation we set up fantastic faiths of an aftertime in a better world from which no confirming whisper has ever reached us across the void. Heaven is a prophecy uttered by the lips of despair, but Hell is an inference from analogy.
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 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. 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 anti-hanging 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 that 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 without
cracking we shall have thieves and demagogues and anarchists and assassins and persons with a private system of lexicography who define murder as disease and hanging as murder, 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 scientist 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 hooted the hangman 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 its punishment by death be just or not?-nobody needs to incur it. Men are not drafted for the death penalty; they volunteer. "Then it is not deterrent," mutters the gentleman whose rude forefather hooted the hangman. Well, as to that, the law which is to accomplish more than a part of its purpose must be awaited with great patience. Every murder proves that hanging is not altogether deterrent; every hanging, that it is somewhat deterrent-it deters the person hanged. A man's first murder is his crime, his second is ours.
The socialists, it seems, believe with Alphonse Karr, in the expediency of abolishing the death penalty; but apparently they do not hold, with him, that the assassins should begin. They want the state to begin, believing that the magnanimous example will effect a change of heart in those about to murder. This, I take it, is the meaning of their assertion that death penalties have not the deterring influence that imprisonment for life carries. In this they obviously err: death deters at least the person who suffers it-he commits no more murder; whereas the assassin who is imprisoned for life and immune from further punishment may with impunity kill his keeper or whomsoever he may be able to get at. Even as matters now are, incessant vigilance is required to prevent convicts in prison from murdering their attendants and one another. How would it be if the "life-termer" were assured against any additional inconvenience for braining a guard occasionally, or strangling a chaplain now and then? A penitentiary may be described as a place of punishment and reward; and under the system proposed, the difference in desirableness between a sentence and an appointment would be virtually effaced. To overcome this objection a life sentence would have to mean solitary confinement, and that means insanity. Is that what these gentlemen propose to substitute for death?
The death penalty, say these amiables and futilitarians, creates blood-thirstiness in the unthinking masses and defeats its own ends-is itself a cause of murder, not a check. These gentlemen are themselves of "the unthinking masses"-they do not know how to think. Let them try to trace and lucidly expound the chain of motives lying between the knowledge that a murderer has been hanged and the wish to commit a murder. How, precisely, does the one beget the other? By what unearthly process of reasoning does a man turning away from the gallows persuade himself that it is expedient to incur the danger of hanging? Let us have pointed out to us the several steps in that remarkable mental progress. Obviously, the thing is absurd; one might as reasonably say that contemplation of a pitted face will make a man wish to go and catch smallpox, or the spectacle of an amputated limb on the scrap-heap of a hospital tempt him to cut off his arm or renounce his leg.
"An eye for an eye and a tooth for a tooth," say the opponents of the death penalty, "is not justice; it is revenge and unworthy of a Christian civilization." It is exact justice: nobody can think of anything more accurately just than such punishments would be, whatever the motive in awarding them. Unfortunately such a system is not practicable, but he who denies its justice must deny also the justice of a bushel of corn for a bushel of corn, a dollar for a dollar, service for service. We can not undertake by such clumsy means as laws and courts to do to the criminal exactly what he has done to his victim, but to demand a life for a life is simple, practicable, expedient and (therefore) right.
"Taking the life of a murderer does not restore the life he took, therefore it is a most illogical punishment. Two wrongs do not make a right."
Here's richness! Hanging an assassin is illogical because it does not restore the life of his victim; incarceration is logical; therefore, incarceration does-quod, erat demonstrandum.
Two wrongs certainly do not make a right, but the veritable thing in dispute is whether taking the life of a life-taker is a wrong. So naked and unashamed an example of petitio principii would disgrace a debater in a pinafore. And these wonder-mongers have the effrontery to babble of "logic"! Why, if one of them were to meet a syllogism in a lonely road he would run away in a hundred and fifty directions as hard as ever he could hoof it. One is almost ashamed to dispute with such intellectual cloutlings.
Whatever an individual may rightly do to protect himself society may rightly do to protect him, for he is a part of itself. If he may rightly take life in defending himself society may rightly take life in defending him. If society may rightly take life in defending him it may rightly threaten to take it. Having rightly and mercifully threatened to take it, it not only rightly may take it, but expediently must.
II
The law of a life for a life does not altogether prevent murder. No law can altogether prevent any form of crime, nor is it desirable that it should. Doubtless God could so have created us that our sense of right and justice could have existed without contemplation of injustice and wrong; as doubtless he could so have created us that we could have felt compassion without a knowledge of suffering; but he did not. Constituted as we are, we can know good only by contrast with evil. Our sense of sin is what our virtues feed upon; in the thin air of universal morality the altar-fires of honor and the beacons of conscience could not be kept alight. A community without crime would be a community without warm and elevated sentiments-without the sense of justice, without generosity, without courage, without mercy, without magnanimity-a community of small, smug souls, uninteresting to God and uncoveted by the Devil. We can have, and do have, too much crime, no doubt; what the wholesome proportion is none can tell. Just now we are running a good deal to murder, but he who can gravely attribute that phenomenon, or any part of it, to infliction of the death penalty, instead of to virtual immunity from any penalty at all, is justly entitled to the innocent satisfaction that comes of being a simpleton.
III
The New Woman is against the death penalty, naturally, for she is hot and hardy in the conviction that whatever is is wrong. She has visited this world in order to straighten things about a bit, and is in distress lest the number of things be insufficient to her need. The matter is important variously; not least so in its relation to the new heaven and the new earth that are to be the outcome of woman suffrage. There can be no doubt that the vast majority of women have sentimental objections to the death penalty that quite outweigh such practical considerations in its favor as they can be persuaded to comprehend. Aided by the minority of men afflicted by the same mental malady, they will indubitably effect its abolition in the first lustrum of their political "equality." The New Woman will scarcely feel the seat of power warm beneath her before giving to the assassin's "unhand me, villain!" the authority of law. So we shall make again the old experiment, discredited by a thousand failures, of preventing crime by tenderness to caught criminals. And the criminal uncaught will treat us to a quantity and quality of crime notably augmented by the Christian spirit of the new regime.
IV
As to painless execution, the simple and practical way to make them both just and expedient is the adoption by murderers of a system of painless assassinations. Until this is done there seems to be no call to renounce the wholesome discomfort of the style of executions endeared to us by memories and associations of the tenderest character. There is, I fancy, a shaping notion in the observant mind that the penologists and their allies have gone about as far as they can safely be permitted to go in the direction of a softer suasion of the criminal nature toward good behavior. The modern prison has become a rather more comfortable habitation than the dangerous classes are accustomed to at home. Modern prison life has in their eyes something of the charm and glamor of an ideal existence, like that in the Happy Valley from which Rasselas had the folly to escape. Whatever advantages to the public may be secured by abating the rigors of imprisonment and inconveniences incident to execution, there is this objection: it makes them less deterrent. Let the penologers and philanthropers have their way and even hanging might be made so pleasant and withal so interesting a social distinction that it would deter nobody but the person hanged. Adopt the euthanasian method of electricity, asphyxia by smothering in rose-leaves, or slow poisoning with rich food, and the death penalty may come to be regarded as the object of a noble ambition to the bon vivant, and the rising young suicide may go and kill somebody else instead of himself, in order to receive from the public executioner a happier dispatch than his own 'prentice hand can assure him.