It appears, therefore, that speed,—the ability to move rapidly from place to place,—a disproportionate reward of physical over intellectual science, an intense desire to be rich, which is strong enough to compel even education to grind in the mill of the Philistines, and an inordinate elevation in public consideration of rich men simply because they are rich, are characteristics of this little point of time on which we stand. They are not the only characteristics; in a reasonably optimistic view, the age is distinguished for unexampled achievements, and for opportunities for the well-being of humanity never before in all history attainable. But these characteristics are so prominent as to beget the fear that we are losing the sense of the relative value of things in this life.
PILGRIM AND AMERICAN
What republics have most to fear is the rule of the boss, who is a tyrant without responsibility. He makes the nominations, he dickers and trades for the elections, and at the end he divides the spoils. The operation is more uncertain than a horse race, which is not decided by the speed of the horses, but by the state of the wagers and the manipulation of the jockeys. We strike directly at his power for mischief when we organize the entire civil service of the nation and of the States on capacity, integrity, experience, and not on political power.
And if we look further, considering the danger of concentration of power in irresponsible hands, we see a new cause for alarm in undue federal mastery and interference.
Poverty is not commonly a nurse of virtue, long continued, it is a degeneration. It is almost as difficult for the very poor man to be virtuous as for the very rich man; and very good and very rich at the same time, says Socrates, a man cannot be. It is a great people that can withstand great prosperity
We are in no vain chase of an equality which would eliminate all individual initiative, and check all progress, by ignoring differences of capacity and strength, and rating muscles equal to brains. But we are in pursuit of equal laws, and a fairer chance of leading happy lives than humanity in general ever had yet.
CAUSES OF DISCONTENT
Now, content does not depend so much upon a man's actual as his relative condition. Often it is not so much what I need, as what others have that disturbs me. I should be content to walk from Boston to New York, and be a fortnight on the way, if everybody else was obliged to walk who made that journey. It becomes a hardship when my neighbor is whisked over the route in six hours and I have to walk. It would still be a hardship if he attained the ability to go in an hour, when I was only able to accomplish the distance in six hours.
It ought to be said, as to the United States, that a very considerable part of the discontent is imported, it is not native, nor based on any actual state of things existing here. Agitation has become a business. A great many men and some women, to whom work of any sort is distasteful, live by it.
Compared with the freedom of action in such a government as ours, any form of communism is an iniquitous and meddlesome despotism.
Doubtless men might have been created equal to each other in every respect, with the same mental capacity, the same physical ability, with like inheritances of good or bad qualities, and born into exactly similar conditions, and not dependent on each other. But men never were so created and born, so far as we have any record of them, and by analogy we have no reason to suppose that they ever will be. Inequality is the most striking fact in life. Absolute equality might be better, but so far as we can see, the law of the universe is infinite diversity in unity; and variety in condition is the essential of what we call progress—it is, in fact, life.
It sometimes seems as if half the American people were losing the power to apply logical processes to the ordinary affairs of life.
It is human nature, it is the lesson of history, that real wrongs, unredressed, grow into preposterous demands. Men are much like nature in action; a little disturbance of atmospheric equilibrium becomes a cyclone, a slight break in the levee a crevasse with immense destructive power.
EDUCATION OF THE NEGRO
But slavery brought about one result, and that the most difficult in the development of a race from savagery, and especially a tropical race, a race that has always been idle in the luxuriance of a nature that supplied its physical needs with little labor. It taught the negro to work, it transformed him, by compulsion it is true, into an industrial being, and held him in the habit of industry for several generations. Perhaps only force could do this, for it was a radical transformation. I am glad to see that this result of slavery is recognized by Mr. Booker Washington, the ablest and most clear-sighted leader the Negro race has ever had.
Conceit of gentility of which the world has already enough.
It is this character, quality, habit, the result of a slow educational process, which distinguishes one race from another. It is this that the race transmits, and not the more or less accidental education of a decade or an era. The Brahmins carry this idea into the next life, and say that the departing spirit carries with him nothing except this individual character, no acquirements or information or extraneous culture. It was perhaps in the same spirit that the sad preacher in Ecclesiastes said there is no "knowledge nor wisdom in the grave, whither thou goest." It is by this character that we classify civilized and even semi-civilized races; by this slowly developed fibre, this slow accumulation of inherent quality in the evolution of the human being from lower to higher, that continues to exist notwithstanding the powerful influence of governments and religions.
INDETERMINATE SENTENCE
The proposed method is the indeterminate sentence. This strikes directly at the criminal class. It puts that class beyond the power of continuing its depredations upon society. It is truly deterrent, because it is a notification to any one intending to enter upon that method of living that his career ends with his first felony. As to the general effects of the indeterminate sentence, I will repeat here what I recently wrote for the Yale Law Journal.
It happens, therefore, that there is great sympathy with the career of the lawbreakers, many people are hanging on them for support, and among them the so-called criminal lawyers. Any legislation likely to interfere seriously with the occupation of the criminal class or with its increase is certain to meet with the opposition of a large body of voters. With this active opposition of those interested, and the astonishing indifference of the general public, it is easy to see why so little is done to relieve us of this intolerable burden. The fact is, we go on increasing our expenses for police, for criminal procedure, for jails and prisons, and we go on increasing the criminal class and those affiliated with it.
I will suggest that the convict should, for his own sake, have the indeterminate sentence applied to him upon conviction of his first penal offense. He is much more likely to reform then than he would be after he had had a term in the State prison and was again convicted, and the chance of his reformation would be lessened by each subsequent experience of this kind. The great object of the indeterminate sentence, so far as the security of society is concerned, is to diminish the number of the criminal class, and this will be done when it is seen that the first felony a man commits is likely to be his last, and that for a young criminal contemplating this career there is in this direction: "No Thoroughfare."
It is very significant that the criminal class adapted itself readily to the parole system with its sliding scale. It was natural that this should be so, for it fits in perfectly well with their scheme of life. This is to them a sort of business career, interrupted now and then only by occasional limited periods of seclusion. Any device that shall shorten those periods is welcome to them. As a matter of fact, we see in the State prisons that the men most likely to shorten their time by good behavior, and to get released on parole before the expiration of their sentence, are the men who make crime their career. They accept this discipline as a part of their lot in life, and it does not interfere with their business any more than the occasional bankruptcy of a merchant interferes with his pursuits.
No tribunal is able with justice to mete out punishment in any individual case, for probably the same degree of guilt does not attach to two men in the violation of the same statute.
It is purely an economic and educational problem, and must rest upon the same principles that govern in any successful industry, or in education, and that we recognize in the conduct of life. That little progress has been made is due to public indifference to a vital question and to the action of sentimentalists, who, in their philanthropic zeal; fancy that a radical reform can come without radical discipline. We are largely wasting our energies in petty contrivances instead of striking at the root of the evil.