We stepped from his office into the garden. I offered him my arm, as my strength was now sufficient for this service, and we walked in silence between the flower-beds, from which the warm south wind wafted us the perfume of wallflowers and mignonnette, to the grateful shade of the plane-trees. The superintendent took his seat upon one of the benches, motioned to me to place myself at his side, and after a silent glance of gratitude at the leafy crowns of the noble trees that afforded the refreshing coolness, he said:

"If we are to believe the jurists, by whose words the students everywhere swear, Punishment is the right of Wrong. This definition, by its simplicity, recommends itself to the logicians at their desks, but I doubt extremely whether the Founder of the Faith would have been content with it. He did not declare that to be stoned was the right of the guilty woman; on the contrary, by summoning him who was without sin to cast the first stone, he showed that under the smooth logical surface of the legal code there lay a deeper principle, which only reveals itself to the eye that can see and the heart that can feel. To such an eye and such a heart it soon is clear that every wrong which is to be punished in order that it may have its right, is, if not always, almost always, a wrong at second, third, or hundredth hand; and thus the punishment rarely reaches the one who may have deserved it. So the justest judge, whether he will or not, resembles the sanguinary general who orders every tenth man to be led off to execution, not because he is guiltier than the other nine, but because he is the tenth.

"But this is not apparent to the logician, who smiles with satisfaction if he does not come into conflict with his principle of Identity and his principle of Contradiction; nor to; the judge who has before him but an isolated fact, torn from its connections, and who has to give judgment when he has not all the parts in his hand, not to mention the visible and invisible threads upon which these parts are necessarily strung. They both are like the crowd which judges a picture by its effect alone; while the connoisseur knows how it came into existence, what colors the painter had upon his palette, how he blended them, how he handled his brush, what difficulties he encountered, and how he overcame them, or why it was that he failed of his aim. And as the only true criticism is creative, which takes the secrets of art as the starting-point of its judgment, so that none but an artist can be a real critic, even so men's actions can only be judged by those to whom the old wise word applies, that nothing human is alien to them, because they have experienced in themselves and in their brethren the whole misery of humanity. But for this are necessary, as I said before, the feeling heart and the seeing eye, and an ample opportunity for training and using both.

"Who has a better opportunity for this purpose than the superintendent of a prison? He and the physician, when their views coincide and they strive together towards the same ends, alone can know what the most conscientious judge has no means of learning, how the man whom mankind have thrust out from among them for a time or forever, became what he now is; how, born thus, and of such parents, brought up in such associations, he acted thus and not otherwise at such a critical moment. Then when the superintendent, who is of necessity the confessor of the criminal, has learned his life in all its details, and the physician has discovered the defects with which he has suffered for years, when they consult upon his case, the question only is if he can be helped and how; and in the so-called prison they see, respectively, but a reformatory and an infirmary. For--and this is a point of infinite importance, which physiology will yet compel jurisprudence to acknowledge--nearly all who come here are diseased in the ordinary acceptation of the word; nearly all suffer from organic defects, and in almost every case the brain lacks the proper volume which a normal man needs for normal activity, for a life which shall not bring him into conflict with the law.

"And how could it be otherwise? Almost without exception they are children of want, of wretchedness, of moral and physical malformation, the Pariahs of Society which in its brutal egotism sweeps by with garments gathered up for fear of defilement, or thrusts them away with cruel violence from its path. The right of wrong! Insolence of Phariseeism! A time will come when this invention of the philosophers will be placed on a level with that other of the theologians, that death is the atonement for sin, and men will thank God that at last they have awaked from the night of ignorance which gave birth to such monsters.

"That day will come, but not so soon.

"We are still deeply sunk in the mire of the Middle Ages, and no man can yet see when this flood of blood and tears will have passed away. However far the glances of a few brighter intellects may reach into the coming ages, the progress of humanity is unspeakably slow. Wherever we look abroad into our own time, we behold the unbeautiful relics of a past that we had believed to be overthrown long ago. Our systems of government, our nobility, our religious institutions, our official arrangements, the organization of our armies, the condition of the laboring classes--everywhere the scarcely hidden relation between masters and slaves; everywhere the critical choice whether we will be hammer or anvil. All our experience, all our observation seems to prove that there is no third alternative. And yet no greater misconception of the real state of the case is possible. Not hammer or anvil, hammer and anvil is the true word, for every man is both, and both at once, in every moment of his life. With the same force with which the hammer strikes the anvil, the anvil strikes the hammer; the ball is thrown off from the wall at the same angle under which it impinges upon it; the elements which the plant has appropriated in its growth, it must exactly restore in its decomposition--and so throughout all nature. But if nature unconsciously obeys this great law of action and reaction, and is thereby a cosmos and not a chaos, then should man, whose existence is subordinated to precisely the same law, acquire an intelligent knowledge of it, and endeavor intelligently to shape his life in conformity with it; and his worth increases or diminishes exactly in proportion as he does this or neglects it. For though the law remains the same, whether the man knows it or knows it not, yet for himself it is not the same. Where it is known, where the inseparableness, the unity of human interests, the inevitableness of action and reaction, are recognized, there bloom freedom, equity, justice, which are all but varying expressions for the same law. Where it is not known, and he fancies in his blindness that he can with impunity make a tool of his fellow-man, there flourish rankly slavery and tyranny, superstition and priestcraft, hatred and contempt, in all their poisonous luxuriance. What man would not naturally wish rather to be hammer than anvil, so long as he believes that the choice lies open to him? But what reasonable man will not cheerfully renounce the part of hammer, when he has learned that the part of anvil will not and cannot be spared him, and that every blow that he gives smites also his own cheek; that the serf corrupts the master as well as the master the serf, and that in politics the guardian and the ward are rendered equally stupid. Would that the consciousness of this might at last penetrate to the mind of the German peoples, who stand so sorely in need of it!

"So sorely in need! For I must say it that at this moment, hardly twenty years after our war of freedom, that fundamental principle of human existence is probably by no enlightened nation so thoroughly and universally ignored as by us Germans, fond though we are of calling ourselves the intellectual flower of the nations, the people of thinkers. Where is the young plant of humanity subjected with more intolerable schoolmasterly pedantry to a too early, too strict, and incredibly narrow training? Where is its free, beautiful development more systematically hindered and maimed than it is with us? The shameful wrongs that we perpetrated by aid of school-benches and church-benches, the drill-sergeant's stick, the Procrustes-bed of examination, the many-rounded ladder of official hierarchy--to think of them sends the blush of shame to the cheeks and the glow of indignation to the brow of those who can perceive it; it is justly the inexhaustible theme of derision for our neighbors. The frenzy of ruling, the slavish desire of being ruled, these are the two serpents that have coiled around the German Hercules, and are crushing him; they it is that are everywhere impeding the free circulation, and producing here a condition of hypertrophy, and there of atrophy, that cruelly injure the body of the nation; they it is that, injecting their venom into the veins of the people, poison its blood and marrow, and degrade the race itself; they it is, finally, that we have to thank for the fact that our penitentiaries and jails can no longer contain the multitude of the prisoners. For it is not an exaggeration if I say that nine out of ten that come here would never have come had they not been made anvils by force, in order that the lords of the hammer might have something to vent their courage on. And as the natural right of every man to maintain himself in the way most suitable to his powers and capabilities has been impeded in them as much as possible by hindering them systematically from becoming sound strong members of the commonwealth, they have finally been brought here to the workhouse. The workhouse is at bottom nothing but the last consequence of our conditions, the problem of our life reduced to its simplest terms. Here they must accomplish a strictly prescribed task in a strictly prescribed manner; but when were they ever allowed freely to choose their work? Here they must be silent; but when were they ever allowed to speak freely? Here they must pay implicit obedience to the lowest overseer; but without having read Shakspeare, do they not know that a dog in office is obeyed? Here they must walk, stand, lie down, sleep, wake, pray, work, idle, at the word of command; but are they not admirably trained for it?--are they not all born workhouse men? My heart aches when I think of it; yet how can I help thinking of it especially at this moment when I see you before me, and ask myself: how comes this youth with the frame of a strong man, and the frank blue eyes of a child, in this abode of vice and crime?

"My dear young friend, I would that the answer were more difficult. Would that it were not the same formula by which I can calculate the equation of your life also. Would that I did not know that the unnaturalness of our relations is like a poisonous simoon that withers the grass and even strips the leaves from the oak.

"I have endeavored from what I before knew of you, and from what you so frankly have confided to me of your earlier life, of your family affairs, of the life and customs of the citizens of your native town, to form a background upon which I might design your portrait. And how cheerless it is, lying in the dim light in which all things now seem to lie with us! Everywhere littleness, narrow-mindedness, restrictions, blind adhesion to old formulas, pedantic ceremoniousness, everywhere the free outlook into life shut out by high walls of prejudice. You have told me that you besought your father to let you go to sea, and that he steadfastly insisted that you should be a man of learning, or at least follow an official career. It was certainly not, as you accused yourself, a mere inclination to idleness or a hankering after adventures that again and again prompted this wish; and assuredly your father, whatever his reasons, did not do well so obstinately to reject it. He had lost one son at sea--very well; there is another sea, the sea of happy, active, energetic life, in which all faculties have their free play. This he should not have forbidden you; and this was really the sea for which you longed, of which the ocean with its storms was but the image, though you took it for the reality.