CRIME AND ITS CORRECTIVES

I

SOCIOLOGISTS have long been debating the theory that the impulse to commit crime is a disease, and the ayes appear to have it—the disease. It is gratifying and profitable to have the point settled: we now know where we are and can take our course accordingly. It has for a number of years been known to all but a few old physicians—survivals from an exhausted régime—that all disease is caused by bacilli, which worm themselves into the organs that secrete health and enjoin the performance. The medical conservatives attempt to whittle away the value and significance 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 bedding and is here to stay until evicted. Doubtless we may confidently expect his eventual eviction 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 sporadic theft or a 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 conservitude are but different symptoms of the same physical disorder, at the back of which is a microbe vincible to a single medicament, albeit this 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 several classes of society more closely together.

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 convulsions of great complexity and power. Yet Dr. McKim seemed only to anticipate the trend of public opinion and forecast its crystalization into law. It is rapidly becoming a question, not of 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 that 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 the 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 exacting successor—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 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 slum or 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.

I know men standing high in journalism who to-day will “expose” and bitterly “denounce” a certain rascality and to-morrow will be hobnobbing with the rascals whom they have named. I know legislators of renown who habitually 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 a man of this objectionable kind is a wall of adamant, and neither knows what the other is doing.

If social recognition were denied to rogues they would be fewer by many. Some 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.

We have rich rogues 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 knaves; 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 passage 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.”

If Dr. Parkhurst 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 moneychangers out of the temple. Nor is Dr. Parkhurst himself any too amiably disposed toward the children of darkness. It was not by mild words and gentle means that he hurled the mighty from their seats and exalted them of low degree. Such revolutions as he set afoot are not made with spiritual rosewater; there must be the contagion of a noble indignation fueled with harder wood than abstractions. The people can not be mustered and incited to action by the spectacle of a man fighting something that does not fight back. It was men that Dr. Parkhurst was 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 this amusing though mischievous superstition keeps its hold upon the human mind—this 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.

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.

“But,” says Citizen Goodheart, who thinks with difficulty, “shall I throw over my friend when he is ‘in trouble’?” Yes, when 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 weight and delivered with a good aim.

I care nothing for principles—they are lumber and rubbish. What concerns our happiness and welfare, as affectable 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, ingenuous and inviting. Sin is not at all dangerous to society; what does all the mischief is the sinner. Crime 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, 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. I have no quarrel with abstractions; so far as I know they are all good citizens.