In America, in 1770, a well-defined aristocracy held control. As an effect of the Industrial Revolution upon industry and commerce, the Revolutionary War occurred, the colonial aristocracy misjudged the environment, adhered to Great Britain, were exiled, lost their property, and perished. Immediately after the American Revolution and also as a part of the Industrial Revolution, the cotton gin was invented, and the cotton gin created in the South another aristocracy, the cotton planters, who flourished until 1860. At this point the changing of the environment, caused largely by the railway, brought a pressure upon the slave-owners against which they, also failing to comprehend their situation, rebelled. They were conquered, suffered confiscation of their property, and perished. Furthermore, the rebellion of the aristocracy at the South was caused, or at all events was accompanied by, the rise of a new dominant class at the North, whose power rested upon the development of steam in transportation and industry. This is the class which has won high fortune by the acceleration of the social movement, and the consequent urban growth of the nineteenth century, and which has now for about two generations dominated in the land. If this class, like its predecessors, has in its turn mistaken its environment, a redistribution of property must occur, distressing, as previous redistributions have been, in proportion to the inflexibility of the sufferers. The last two redistributions have been painful, and, if we examine passing phenomena from this standpoint, they hardly appear to promise much that is reassuring for the future.

Administration is the capacity of coördinating many, and often conflicting, social energies in a single organism, so adroitly that they shall operate as a unity. This presupposes the power of recognizing a series of relations between numerous special social interests, with all of which no single man can be intimately acquainted. Probably no very highly specialized class can be strong in this intellectual quality because of the intellectual isolation incident to specialization; and yet administration or generalization is not only the faculty upon which social stability rests, but is, possibly, the highest faculty of the human mind. It is precisely in this preëminent requisite for success in government that I suspect the modern capitalistic class to be weak. The scope of the human intellect is necessarily limited, and modern capitalists appear to have been evolved under the stress of an environment which demanded excessive specialization in the direction of a genius adapted to money-making under highly complex industrial conditions. To this money-making attribute all else has been sacrificed, and the modern capitalist not only thinks in terms of money, but he thinks in terms of money more exclusively than the French aristocrat or lawyer ever thought in terms of caste. The modern capitalist looks upon life as a financial combat of a very specialized kind, regulated by a code which he understands and has indeed himself concocted, but which is recognized by no one else in the world. He conceives sovereign powers to be for sale. He may, he thinks, buy them; and if he buys them; he may use them as he pleases. He believes, for instance, that it is the lawful, nay more! in America, that it is the constitutional right of the citizen to buy the national highways, and, having bought them, to use them as a common carrier might use a horse and cart upon a public road. He may sell his service to whom he pleases at what price may suit him, and if by doing so he ruins men and cities, it is nothing to him. He is not responsible, for he is not a trustee for the public. If he be restrained by legislation, that legislation is in his eye an oppression and an outrage, to be annulled or eluded by any means which will not lead to the penitentiary. He knows nothing and cares less, for the relation which highways always have held, and always must hold, to every civilized population, and if he be asked to inform himself on such subjects he resents the suggestion as an insult. He is too specialized to comprehend a social relation, even a fundamental one like this, beyond the narrow circle of his private interests. He might, had he so chosen, have evolved a system of governmental railway regulation, and have administered the system personally, or by his own agents, but he could never be brought to see the advantage to himself of rational concession to obtain a resultant of forces. He resisted all restraint, especially national restraint, believing that his one weapon--money--would be more effective in obtaining what he wanted in state legislatures than in Congress. Thus, of necessity, he precipitates a conflict, instead of establishing an adjustment. He is, therefore, in essence, a revolutionist without being aware of it. The same specialized thinking appears in his reasoning touching actual government. New York City will serve as an illustration.

New York has for two generations been noted for a civic corruption which has been, theoretically, abominable to all good citizens, and which the capitalistic class has denounced as abominable to itself. I suspect this to be an imaginative conception of the situation. Tammany Hall is, I take it, the administrative bureau through which capital purchases its privileges. An incorruptible government would offend capital, because, under such a government, capital would have to obey the law, and privilege would cease. Occasionally, Tammany grows rapacious and exacts too much for its services. Then a reform movement is undertaken, and finally a new management is imposed on Tammany; but when Tammany has consented to a satisfactory scale of prices, the reform ends. To change the system would imply a shift in the seat of power. In fine, money is the weapon of the capitalist as the sword was the weapon of the mediaeval soldier; only, as the capitalist is more highly specialized than the soldier ever was, he is more helpless when his single weapon fails him. From the days of William the Conqueror to our own, the great soldier has been, very commonly, a famous statesman also, but I do not now remember, in English or American history, a single capitalist who has earned eminence for comprehensive statesmanship. On the contrary, although many have participated in public affairs, have held high office, and have shown ability therein, capitalists have not unusually, however unjustly, been suspected of having ulterior objects in view, unconnected with the public welfare, such as tariffs or land grants. Certainly, so far as I am aware, no capitalist has ever acquired such influence over his contemporaries as has been attained with apparent ease by men like Cromwell, Washington, or even Jackson.

And this leads, advancing in an orderly manner step by step, to what is, perhaps, to me, the most curious and interesting of all modern intellectual phenomena connected with the specialized mind,--the attitude of the capitalist toward the law. Naturally the capitalist, of all men, might be supposed to be he who would respect and uphold the law most, considering that he is at once the wealthiest and most vulnerable of human beings, when called upon to defend himself by physical force. How defenceless and how incompetent he is in such exigencies, he proved to the world some years ago when he plunged himself and the country into the great Pennsylvania coal strike, with absolutely no preparation. Nevertheless, in spite of his vulnerability, he is of all citizens the most lawless.[[42]] He appears to assume that the law will always be enforced, when he has need of it, by some special personnel whose duty lies that way, while he may, evade the law, when convenient, or bring it into contempt, with impunity. The capitalist seems incapable of feeling his responsibility, as a member of the governing class, in this respect, and that he is bound to uphold the law, no matter what the law may be, in order that others may do the like. If the capitalist has bought some sovereign function, and wishes to abuse it for his own behoof, he regards the law which restrains him as a despotic invasion of his constitutional rights, because, with his specialized mind, he cannot grasp the relation of a sovereign function to the nation as a whole. He, therefore, looks upon the evasion of a law devised for public protection, but inimical to him, as innocent or even meritorious.

If an election be lost, and the legislature, which has been chosen by the majority, cannot be pacified by money, but passes some act which promises to be annoying, the first instinct of the capitalist is to retain counsel, not to advise him touching his duty under the law, but to devise a method by which he may elude it, or, if he cannot elude it, by which he may have it annulled as unconstitutional by the courts. The lawyer who succeeds in this branch of practice is certain to win the highest prizes at the bar. And as capital has had now, for more than one or even two generations, all the prizes of the law within its gift, this attitude of capital has had a profound effect upon shaping the American legal mind. The capitalist, as I infer, regards the constitutional form of government which exists in the United States, as a convenient method of obtaining his own way against a majority, but the lawyer has learned to worship it as a fetich. Nor is this astonishing, for, were written constitutions suppressed, he would lose most of his importance and much of his income. Quite honestly, therefore, the American lawyer has come to believe that a sheet of paper soiled with printers' ink and interpreted by half-a-dozen elderly gentlemen snugly dozing in armchairs, has some inherent and marvellous virtue by which it can arrest the march of omnipotent Nature. And capital gladly accepts this view of American civilization, since hitherto capitalists have usually been able to select the magistrates who decide their causes, perhaps directly through the intervention of some president or governor whom they have had nominated by a convention controlled by their money, or else, if the judiciary has been elective, they have caused sympathetic judges to be chosen by means of a mechanism like Tammany, which they have frankly bought.

I wish to make myself clearly understood. Neither capitalists nor lawyers are necessarily, or even probably, other than conscientious men. What they do is to think with specialized minds. All dominant types have been more or less specialized, if none so much as this, and this specialization has caused, as I understand it, that obtuseness of perception which has been their ruin when the environment which favored them has changed. All that is remarkable about the modern capitalist is the excess of his excentricity, or his deviation from that resultant of forces to which he must conform. To us, however, at present, neither the morality nor the present mental excentricity of the capitalist is so material as the possibility of his acquiring flexibility under pressure, for it would seem to be almost mathematically demonstrable that he will, in the near future, be subjected to a pressure under which he must develop flexibility or be eliminated.

There can be no doubt that the modern environment is changing faster than any environment ever previously changed; therefore, the social centre of gravity constantly tends to shift more rapidly; and therefore, modern civilization has unprecedented need of the administrative or generalizing mind. But, as the mass and momentum of modern society is prodigious, it will require a correspondingly prodigious energy to carry it safely from an unstable to a stable equilibrium. The essential is to generate the energy which brings success; and the more the mind dwells upon the peculiarities of the modern capitalistic class, the more doubts obtrude themselves touching their ability to make the effort, even at present, and still more so to make it in the future as the magnitude of the social organism grows. One source of capitalistic weakness comes from a lack of proper instruments wherewith to work, even supposing the will of capital to be good; and this lack of administrative ability is somewhat due to the capitalistic attitude toward education. In the United States capital has long owned the leading universities by right of purchase, as it has owned the highways, the currency, and the press, and capital has used the universities, in a general way, to develop capitalistic ideas. This, however, is of no great moment. What is of moment is that capital has commercialized education. Apparently modern society, if it is to cohere, must have a high order of generalizing mind,--a mind which can grasp a multitude of complex relations,--but this is a mind which can, at best, only be produced in small quantity and at high cost. Capital has preferred the specialized mind and that not of the highest quality, since it has found it profitable to set quantity before quality to the limit which the market will endure. Capitalists have never insisted upon raising an educational standard save in science and mechanics, and the relative overstimulation of the scientific mind has now become an actual menace to order because of the inferiority of the administrative intelligence.

Yet, even supposing the synthetic mind of the highest power to be increasing in proportion to the population, instead of, as I suspect, pretty rapidly decreasing, and supposing the capitalist to be fully alive to the need of administrative improvements, a phalanx of Washingtons would be impotent to raise the administrative level of the United States materially, as long as the courts remain censors of legislation; because the province of the censorial court is to dislocate any comprehensive body of legislation, whose effect would be to change the social status. That was the fundamental purpose which underlay the adoption of a written constitution whose object was to keep local sovereignties intact, especially at the South. Jefferson insisted that each sovereignty should by means of nullification protect itself. It was a long step in advance when the nation conquered the prerogative of asserting its own sovereign power through the Supreme Court. Now the intervention of the courts in legislation has become, by the change in environment, as fatal to administration as would have been, in 1800, the success of nullification. I find it difficult to believe that capital, with its specialized views of what constitutes its advantages, its duties, and its responsibilities, and stimulated by a bar moulded to meet its prejudices and requirements, will ever voluntarily assent to the consolidation of the United States to the point at which the interference of the courts with legislation might be eliminated; because, as I have pointed out, capital finds the judicial veto useful as a means of at least temporarily evading the law, while the bar, taken as a whole, quite honestly believes that the universe will obey the judicial decree. No delusion could be profounder and none, perhaps, more dangerous. Courts, I need hardly say, cannot control nature, though by trying to do so they may, like the Parliament of Paris, create a friction which shall induce an appalling catastrophe.

True judicial courts, whether in times of peace or of revolution, seldom fail to be a substantial protection to the weak, because they enforce an established corpus juris and conduct trials by recognized forms. It is startling to compare the percentage of convictions to prosecutions, for the same class of offences, in the regular criminal courts during the French Revolution, with the percentage in the Revolutionary Tribunal. And once a stable social equilibrium is reached, all men tend to support judicial courts, if judicial courts exist, from an instinct of self-preservation. This has been amply shown by French experience, and it is here that French history is so illuminating to the American mind. Before the Revolution France had semi-political courts which conduced to the overthrow of Turgot, and, therefore, wrought for violence; but more than this, France, under the old régime, had evolved a legal profession of a cast of mind incompatible with an equal administration of the law. The French courts were, therefore, when trouble came, supported only by a faction, and were cast aside. With that the old régime fell.

The young Duke of Chartres, the son of Égalité Orleans, and the future Louis Philippe, has related in his journal an anecdote which illustrates that subtle poison of distrust which undermines all legal authority, the moment that suspicion of political partiality in the judiciary enters the popular mind. In June, 1791, the Duke went down from Paris to Vendôme to join the regiment of dragoons of which he had been commissioned colonel. One day, soon after he joined, a messenger came to him in haste to tell him that a mob had gathered near by who were about to hang two priests. "I ran thither at once," wrote the Duke; "I spoke to those who seemed most excited and impressed upon them how horrible it was to hang men without trial; besides, to act as hangmen was to enter a trade which they all thought infamous; that they had judges, and that this was their affair. They answered that their judges were aristocrats, and that they did not punish the guilty." That is to say, although the priests were non-jurors, and, therefore, criminals in the eye of the law, the courts would not enforce the law because of political bias.[[43]] "It is your fault," I said to them, "since you elected them [the judges], but that is no reason why you should do justice yourselves."