It cannot be said that either the State of New York or the city of Chicago has been in any degree more fortunate in its attempts at moral legislation against prostitution than against drinking. As we should expect, the laws of New York regard prostitution and the prostitute with an eye of extreme severity. Every prostitute in New York, by virtue of the mere fact that she is a prostitute, is technically termed a "vagrant." As such she is liable to be committed to the workhouse for a term not exceeding six months; the owner of houses where she lives may be heavily fined, as she herself may be for living in them, and the keeper of a disorderly house may be imprisoned and the disorderly house suppressed. It is not clear that the large number of prostitutes in New York have been diminished by so much as a single unit, but from time to time attempts are made in some district or another by an unusually energetic official to put the laws into execution, and it is then possible to study the results. When disorderly houses are suppressed on a large scale, there are naturally a great number of prostitutes who have to find homes elsewhere in order to carry on their business. On one occasion, under the auspices of District-Attorney Jerome, it is stated by the Committee of Fourteen that eight hundred women were reported to be turned out into the street in a single night. For many there are the Raines Law hotels. A great many others take refuge in tenement houses. Such houses in congested districts are crowded with families, and with these the prostitute is necessarily brought into close contact. Consequently the seeds of physical and mental disorder which she may bear about her are disseminated in a much more fruitful soil than they were before. Moreover, she is compelled by the laws to exert very great energy in the pursuit of her profession. As it is an offence to harbour her she has to pay twice as high a rent as other people would have to pay for the same rooms. She may have to pay the police to refrain from molesting her, as well as others to protect her from molestation. She is surrounded by people whom the law encourages to prey upon her. She is compelled to exert her energies at highest tension to earn the very large sums which are necessary, not to gain profits for herself, but to feed all the sharks who are eager to grab what is given to her. The blind or perverse zeal of the moral legislators not only intensifies the evils it aims at curing, but it introduces a whole crop of new evils.
How large these sums are we may estimate by the investigation made by the Vice Commissioners of Chicago. They conclude after careful inquiry that the annual profits of prostitution in the city of Chicago alone amount to between fifteen to sixteen million dollars, and they regard this as "an ultra-conservative estimate." It is true that not all this actually passes through the women's hands and it includes the sales of drinks. If we confine ourselves strictly to the earnings of the girls themselves it is found to work out at an average for each girl of thirteen hundred dollars per annum. This is more than four times as much as the ordinary shop-girl can earn in Chicago by her brains, virtue, and other good qualities. But it is not too much for the prostitute's needs; she is compelled to earn so large an income because the active hostility of society, the law, and the police facilitates the task of all those persons—and they are many—who desire to prey upon her. Thus society, the law, and the police gain nothing for morals by their hostility to the prostitute. On the contrary, they give strength and stability to the very vice they nominally profess to fight against. This is shown in the vital matter of the high rents which it is possible to obtain where prostitution is concerned. These high rents are the direct result of legal and police enactments against the prostitute. Remove these enactments and the rents would automatically fall. The enactments maintain the high rents and so ensure that the mighty protection of capital is on the side of prostitution; the property brings in an exorbitant rate of interest on the capital invested, and all the forces of sound business are concerned in maintaining rents. So gross is the ignorance of the would-be moral legislators—or, some may think, so skilful their duplicity—that the methods by which they profess to fight against immorality are the surest methods for enabling immorality not merely to exist—which it would in any case—but to flourish. A vigorous campaign is initiated against immorality. On the surface it is successful. Morality triumphs. But, it may be, in the end we are reminded of the saying of M. Desmaisons in one of Remy de Gourmont's witty and profound Dialogues des Amateurs: "Quand la morale triomphe il se passe des choses très vilaines."
The reason why the "triumphs" of legislative and administrative morality are really such ignominious failures must now be clear, but may again be repeated. It is because on matters of morals there is no unanimity of opinion as there is in regard to crime. There is always a large section of the community which feels tolerant towards, and even practises, acts which another section, it may be quite reasonably, stigmatizes as "immoral." Such conditions are highly favourable for the exercise of moral influence; they are quite unsuitable for legislative action, which cannot possibly be brought to bear against a large minority, perhaps even majority, of otherwise law-abiding citizens. In the matter of prostitution, for instance, the Vice Commissioners of Chicago state emphatically the need for "constant and persistent repression" leading on to "absolute annihilation of prostitution." They recommend the appointment of a "Morals Commission" to suppress disorderly houses, and to prosecute their keepers, their inmates, and their patrons; they further recommend the establishment of a "Morals Court" of vaguely large scope. Among the other recommendations of the Commissioners—and there are ninety-seven such recommendations—we find the establishment of a municipal farm, to which prostitutes can be "committed on an indeterminate sentence"; a "special morals police squad"; instructions to the police to send home all unattended boys and girls under sixteen at 9 p.m.; no seats in the parks to be in shade; searchlights to be set up at night to enable the police to see what the public are doing, and so on. The scheme, it will be seen, combines the methods of Calvin in Geneva with those of Maria Theresa in Vienna. [215]
The reason why any such high-handed repression of immorality by force is as impracticable in Chicago as elsewhere is revealed in the excellent picture of the conditions furnished by the Vice Commissioners themselves. They estimate that the prostitutes in disorderly houses known to the police—leaving out of account all prostitutes in flats, rooms, hotels and houses of assignation, and also taking no note of clandestine prostitutes—receive 15,180 visits from men daily, or 5,540,700 per annum. They consider further that the men in question may be one-fourth of the adult male population (800,000 in the city itself, leaving the surrounding district out of the reckoning), and they rightly insist that this estimate cannot possibly cover all the facts. Yet it never occurs to the Vice Commissioners that in thus proposing to brand one-third or even only one quarter of the adult male population as criminals, and as such to prosecute them actively, is to propose an absurd impossibility.
It is not by any means only in the United States that an object lesson in the foolishness of attempting to make people moral by force is set up before the world. It has often been set up before, and at the present day it is illustrated in exactly the same way in Germany. Unlike as are the police systems and the national temperaments of Germany and the United States, in this matter social reformers tell exactly the same story. They report that the German laws and ordinances against immorality increase and support the very evil they profess to attack. Thus by making it criminal to shelter, even though not for purposes of gain, unmarried lovers, even when they intend to marry, the respectable girl is forced into the position of the prostitute, and as such she becomes subject to an endless amount of police regulation and police control. Landlords are encouraged to live on her activities, charging very high rates to indemnify themselves for the risks they run by harbouring her. She, in her turn, to meet the exorbitant demands which the law and the police encourage the whole environment to make upon her, is forced to exercise her profession with the greatest activity, and to acquire the maximum of profit. Law and the police have forged the same vicious circle. [216]
The illustrations thus furnished by Germany, Holland, England, and the United States, will probably suffice to show that there really is at the present time a wave of feeling in favour of the notion that it is possible to promote public morals by force of law. It only remains to observe that the recognition of the futility of such attempts by no means necessarily involves a pessimistic conservatism. To point out that prostitution never has been, and never can be, abolished by law, is by no means to affirm that it is an evil which must endure for ever and that no influence can affect it. But we have to realize, in the first place, that prostitution belongs to that sphere of human impulses in which mere external police ordinances count for comparatively little, and that, in the second place, even in the more potent field of true morals, which has nothing to do with moral legislation, prostitution is so subtly and deeply rooted that it can only be affected by influences which bear on all our methods of thought and feeling and all our social custom. It is far from being an isolated manifestation; it is, for instance, closely related to marriage; any reforms in prostitution, therefore, can only follow a reform in our marriage system. But prostitution is also related to economics, and when it is realized how much has to be altogether changed in our whole social system to secure even an approximate abolition of prostitution it becomes doubtful whether many people are willing to pay the price of removing the "social evil" they find it so easy to deplore. They are prepared to appoint Commissions; they have no objection to offer up a prayer; they are willing to pass laws and issue police regulations which are known to be useless. At that point their ardour ends.
If it is impossible to guard the community by statute against the central evil of prostitution, still more hopeless is it to attempt the legal suppression of all the multitudinous minor provocations of the sexual impulse offered by civilization. Let it be assumed that only by such suppression, and not by frankly meeting and fighting temptations, can character be formed, yet it would be absolutely impossible to suppress more than a fraction of the things that would need to be suppressed. "There is almost no feature, article of dress, attitude, act," Dr. Stanley Hall has truly remarked, "or even animal, or perhaps object in nature, that may not have to some morbid soul specialized erogenic and erethic power." If, therefore, we wish to suppress the sexually suggestive and the possibly obscene we are bound to suppress the whole world, beginning with the human race, for if we once enter on that path there is no definite point at which we can logically stop. The truth is, as Mr. Theodore Schroeder has so repeatedly insisted, [217] that "obscenity" is subjective; it cannot reside in an object, but only in the impure mind which is influenced by the object. In this matter Mr. Schroeder is simply the follower, at an interval, of St. Paul. We must work not on the object, but on the impure mind affected by the object. If the impure heart is not suppressed it is useless to suppress the impure object, while if the heart is renewed the whole task is achieved. Certainly there are books, pictures, and other things in life so unclean that they can never be pure even to the purest, but these things by their loathsomeness are harmless to all healthy minds; they can only corrupt minds which are corrupt already. Unfortunately, when ignorant police officials and custom-house officers are entrusted with the task of searching for the obscene, it is not to these things that their attention is exclusively directed. Such persons, it seems, cannot distinguish between these things and the noblest productions of human art and intellect, and the law has proved powerless to set them right; in all civilized countries the list is indeed formidable of the splendid and inspiring productions, from the Bible downwards, which officials or the law courts have been pleased to declare "obscene." So that while the task of moralizing the community by force must absolutely fail of its object, it may at the same time suffice to effect much mischief.
It is one of the ironies of history that the passion for extinguishing immorality by law and administration should have arisen in what used to be called Christendom. For Christianity is precisely the most brilliant proof the world has ever seen of the truth that immorality cannot so be suppressed. From the standpoint of classic Rome Christianity was an aggressive attack on Roman morality from every side. It was not so only in appearance, but in reality, as modern historians fully recognize. [218] Merely as a new religion Christianity would have been received with calm indifference, even with a certain welcome, as other new religions were received. But Christianity denied the supremacy of the State, carried on an anti-military propaganda in the army, openly flouted established social conventions, loosened family life, preached and practised asceticism to an age that was already painfully aware that, above all things, it needed men. The fatal though doubtless inevitable step was taken of attempting to suppress the potent poison of this manifold immorality by force. The triumph of Christianity was largely due to the fine qualities which were brought out by that annealing process, and the splendid prestige which the process itself assured. Yet the method of warfare which it had so brilliantly proved to be worthless was speedily adopted by Christianity itself, and is even yet, at intervals, spasmodically applied.
That these attempts should have such results as we see is not surprising when we remember that even movements, at the outset, mainly inspired by moral energy, rather than by faith in moral legislation, when that energy becomes reckless, violent and intolerant, lead in the end to results altogether opposed to the aims of those who initiated them. It was thus that Luther has permanently fortified the position of the Popes whom he assailed, and that the Reformation produced the Counter-Reformation, a movement as formidable and as enduring as that which it countered. When Luther appeared all that was rigid and inhuman in the Church was slowly dissolving, certainly not without an inevitable sediment of immorality, yet the solution was in the highest degree favourable to the development of the freer and larger conceptions of life, the expansion of science and art and philosophy, which at that moment was pre-eminently necessary for the progress of civilisation, and, indirectly, therefore, for the progress of morals. [219] The violence of the Reformation not only resulted in a new tyranny for its own adherents—calling in turn for fresh reformations by Puritans, Quakers, Deists, and Freethinkers—but it re-established, and even to-day continues to support, that very tyranny of the old Church against which it was a protest.
When we try to regulate the morals of men on the same uniform pattern we have to remember that we are touching the most subtle, intimate, and incalculable springs of action. It is useless to apply the crude methods of "suppression" and "annihilation" to these complex and indestructible forces. When Charles V retired in weariness from the greatest throne in the world to the solitude of the monastery at Yuste, he occupied his leisure for some weeks in trying to regulate two clocks. It proved very difficult. One day, it is recorded, he turned to his assistant and said: "To think that I attempted to force the reason and conscience of thousands of men into one mould, and I cannot make two clocks agree!" Wisdom comes to the rulers of men, sometimes, usually when they have ceased to be rulers. It comes to the moral legislators not otherwise than it comes to the immoral persons they legislate against. "I act first," the French thief said; "then I think."