by Leo Tolstoy
"I mean that only two reasonable kinds of punishment exist. Those used in the old days: corporal and capital punishment, which, as human nature gradually softens, come more and more into disuse," said Nekhludoff.
"There, now, this is quite new and very strange to hear from your lips."
"Yes, it is reasonable to hurt a man so that he should not do in future what he is hurt for doing, and it is also quite reasonable to cut a man's head off when he is injurious or dangerous to society. These punishments have a reasonable meaning. But what sense is there in locking up in a prison a man perverted by want of occupation and bad example; to place him in a position where he is provided for, where laziness is imposed on him, and where he is in company with the most perverted of men? What reason is there to take a man at public cost (it comes to more than 500 roubles per head) from the Toula to the Irkoatsk government, or from Koursk--"
"Yes, but all the same, people are afraid of those journeys at public cost, and if it were not for such journeys and the prisons, you and I would not be sitting here as we are."
"The prisons cannot insure our safety, because these people do not stay there for ever, but are set free again. On the contrary, in those establishments men are brought to the greatest vice and degradation, so that the danger is increased."
"You mean to say that the penitentiary system should be improved."
"It cannot be improved. Improved prisons would cost more than all that is being now spent on the people's education, and would lay a still heavier burden on the people."
"The shortcomings of the penitentiary system in nowise invalidate the law itself," Rogozhinsky continued again, without heeding his brother-in-law.
"There is no remedy for these shortcomings," said Nekhludoff, raising his voice.
"What of that? Shall we therefore go and kill, or, as a certain statesman proposed, go putting out people's eyes?" Rogozhinsky remarked.
"Yes; that would be cruel, but it would be effective. What is done now is cruel, and not only ineffective, but so stupid that one cannot understand how people in their senses can take part in so absurd and cruel a business as criminal law."
"But I happen to take part in it," said Rogozhinsky, growing pale.
"That is your business. But to me it is incomprehensible."
"I think there are a good many things incomprehensible to you," said Rogozhinsky, with a trembling voice.
"I have seen how one public prosecutor did his very best to get an unfortunate boy condemned, who could have evoked nothing but sympathy in an unperverted mind. I know how another cross-examined a sectarian and put down the reading of the Gospels as a criminal offence; in fact, the whole business of the Law Courts consists in senseless and cruel actions of that sort."
"I should not serve if I thought so," said Rogozhinsky, rising.
Nekhludoff noticed a peculiar glitter under his brother-in-law's spectacles. "Can it be tears?" he thought. And they were really tears of injured pride. Rogozhinsky went up to the window, got out his handkerchief, coughed and rubbed his spectacles, took them off, and wiped his eyes.
When he returned to the sofa he lit a cigar, and did not speak any more.
Nekhludoff felt pained and ashamed of having offended his brother-in-law and his sister to such a degree, especially as he was going away the next day.
He parted with them in confusion, and drove home.
"All I have said may be true--anyhow he did not reply. But it was not said in the right way. How little I must have changed if I could be carried away by ill-feeling to such an extent as to hurt and wound poor Nathalie in such a way!" he thought.
CHAPTER XXXIV.
THE PRISONERS START FOR SIBERIA.
The gang of prisoners, among whom was Maslova, was to leave Moscow by rail at 3 p.m.; therefore, in order to see the gang start, and walk to the station with the prisoners Nekhludoff meant to reach the prison before 12 o'clock.
The night before, as he was packing up and sorting his papers, he came upon his diary, and read some bits here and there. The last bit written before he left for Petersburg ran thus: "Katusha does not wish to accept my sacrifice; she wishes to make a sacrifice herself. She has conquered, and so have I. She makes me happy by the inner change, which seems to me, though I fear to believe it, to be going on in her. I fear to believe it, yet she seems to be coming back to life." Then further on he read. "I have lived through something very hard and very joyful. I learnt that she has behaved very badly in the hospital, and I suddenly felt great pain. I never expected that it could be so painful. I spoke to her with loathing and hatred, then all of a sudden I called to mind how many times I have been, and even still am, though but in thought, guilty of the thing that I hated her for, and immediately I became disgusting to myself, and pitied her and felt happy again. If only we could manage to see the beam in our own eye in time, how kind we should be." Then he wrote: "I have been to see Nathalie, and again self-satisfaction made me unkind and spiteful, and a heavy feeling remains. Well, what is to be done? Tomorrow a new life will begin. A final good-bye to the old! Many new impressions have accumulated, but I cannot yet bring them to unity."
When he awoke the next morning Nekhludoff's first feeling was regret about the affair between him and his brother-in-law.
"I cannot go away like this," he thought. "I must go and make it up with them." But when he looked at his watch he saw that he had not time to go, but must hurry so as not to be too late for the departure of the gang. He hastily got everything ready, and sent the things to the station with a servant and Taras, Theodosia's husband, who was going with them. Then he took the first isvostchik he could find and drove off to the prison.
The prisoners' train started two hours before the train by which he was going, so Nekhludoff paid his bill in the lodgings and left for good.
It was July, and the weather was unbearably hot. From the stones, the walls, the iron of the roofs, which the sultry night had not cooled, the heat streamed into the motionless air. When at rare intervals a slight breeze did arise, it brought but a whiff of hot air filled with dust and smelling of oil paint.
There were few people in the streets, and those who were out tried to keep on the shady side. Only the sunburnt peasants, with their bronzed faces and bark shoes on their feet, who were mending the road, sat hammering the stones into the burning sand in the sun; while the policemen, in their holland blouses, with revolvers fastened with orange cords, stood melancholy and depressed in the middle of the road, changing from foot to foot; and the tramcars, the horses of which wore holland hoods on their heads, with slits for the ears, kept passing up and down the sunny road with ringing bells.
When Nekhludoff drove up to the prison the gang had not left the yard. The work of delivering and receiving the prisoners that had commenced at 4 A.M. was still going on. The gang was to consist of 623 men and 64 women; they had all to be received according to the registry lists. The sick and the weak to be sorted out, and all to be delivered to the convoy. The new inspector, with two assistants, the doctor and medical assistant, the officer of the convoy, and the clerk, were sitting in the prison yard at a table covered with writing materials and papers, which was placed in the shade of a wall. They called the prisoners one by one, examined and questioned them, and took notes. The rays of the sun had gradually reached the table, and it was growing very hot and oppressive for want of air and because of the breathing crowd of prisoners that stood close by.
"Good gracious, will this never come to an end!" the convoy officer, a tall, fat, red-faced man with high shoulders, who kept puffing the smoke, of his cigarette into his thick moustache, asked, as he drew in a long puff. "You are killing me. From where have you got them all? Are there many more?" the clerk inquired.
"Twenty-four men and the women."
"What are you standing there for? Come on," shouted the convoy officer to the prisoners who had not yet passed the revision, and who stood crowded one behind the other. The prisoners had been standing there more than t
hree hours, packed in rows in the full sunlight, waiting their turns.
While this was going on in the prison yard, outside the gate, besides the sentinel who stood there as usual with a gun, were drawn up about 20 carts, to carry the luggage of the prisoners and such prisoners as were too weak to walk, and a group of relatives and friends waiting to see the prisoners as they came out and to exchange a few words if a chance presented itself and to give them a few things. Nekhludoff took his place among the group. He had stood there about an hour when the clanking of chains, the noise of footsteps, authoritative voices, the sound of coughing, and the low murmur of a large crowd became audible.
This continued for about five minutes, during which several jailers went in and out of the gateway. At last the word of command was given. The gate opened with a thundering noise, the clattering of the chains became louder, and the convoy soldiers, dressed in white blouses and carrying guns, came out into the street and took their places in a large, exact circle in front of the gate; this was evidently a usual, often-practised manoeuvre. Then another command was given, and the prisoners began coming out in couples, with flat, pancake-shaped caps on their shaved heads and sacks over their shoulders, dragging their chained legs and swinging one arm, while the other held up a sack.
First came the men condemned to hard labour, all dressed alike in grey trousers and cloaks with marks on the back. All of them--young and old, thin and fat, pale and red, dark and bearded and beardless, Russians, Tartars, and Jews--came out, clattering with their chains and briskly swinging their arms as if prepared to go a long distance, but stopped after having taken ten steps, and obediently took their places behind each other, four abreast. Then without interval streamed out more shaved men, dressed in the same manner but with chains only on their legs. These were condemned to exile. They came out as briskly and stopped as suddenly, taking their places four in a row. Then came those exiled by their Communes. Then the women in the same order, first those condemned to hard labour, with grey cloaks and kerchiefs; then the exiled women, and those following their husbands of their own free will, dressed in their own town or village clothing. Some of the women were carrying babies wrapped in the fronts of their grey cloaks.
With the women came the children, boys and girls, who, like colts in a herd of horses, pressed in among the prisoners.
The men took their places silently, only coughing now and then, or making short remarks.
The women talked without intermission. Nekhludoff thought he saw Maslova as they were coming out, but she was at once lost in the large crowd, and he could only see grey creatures, seemingly devoid of all that was human, or at any rate of all that was womanly, with sacks on their backs and children round them, taking their places behind the men.
Though all the prisoners had been counted inside the prison walls, the convoy counted them again, comparing the numbers with the list. This took very long, especially as some of the prisoners moved and changed places, which confused the convoy.
The convoy soldiers shouted and pushed the prisoners (who complied obediently, but angrily) and counted them over again. When all had been counted, the convoy officer gave a command, and the crowd became agitated. The weak men and women and children rushed, racing each other, towards the carts, and began placing their bags on the carts and climbing up themselves. Women with crying babies, merry children quarrelling for places, and dull, careworn prisoners got into the carts.
Several of the prisoners took off their caps and came up to the convoy officer with some request. Nekhludoff found out later that they were asking for places on the carts. Nekhludoff saw how the officer, without looking at the prisoners, drew in a whiff from his cigarette, and then suddenly waved his short arm in front of one of the prisoners, who quickly drew his shaved head back between his shoulders as if afraid of a blow, and sprang back.
"I will give you a lift such that you'll remember. You'll get there on foot right enough," shouted the officer. Only one of the men was granted his request--an old man with chains on his legs; and Nekhludoff saw the old man take off his pancake-shaped cap, and go up to the cart crossing himself. He could not manage to get up on the cart because of the chains that prevented his lifting his old legs, and a woman who was sitting in the cart at last pulled him in by the arm.
When all the sacks were in the carts, and those who were allowed to get in were seated, the officer took off his cap, wiped his forehead, his bald head and fat, red neck, and crossed himself.
"March," commanded the officer. The soldiers' guns gave a click; the prisoners took off their caps and crossed themselves, those who were seeing them off shouted something, the prisoners shouted in answer, a row arose among the women, and the gang, surrounded by the soldiers in their white blouses, moved forward, raising the dust with their chained feet. The soldiers went in front; then came the convicts condemned to hard labour, clattering with their chains; then the exiled and those exiled by the Communes, chained in couples by their wrists; then the women. After them, on the carts loaded with sacks, came the weak. High up on one of the carts sat a woman closely wrapped up, and she kept shrieking and sobbing.
CHAPTER XXXV.
NOT MEN BUT STRANGE AND TERRIBLE CREATURES?
The procession was such a long one that the carts with the luggage and the weak started only when those in front were already out of sight. When the last of the carts moved, Nekhludoff got into the trap that stood waiting for him and told the isvostchik to catch up the prisoners in front, so that he could see if he knew any of the men in the gang, and then try and find out Maslova among the women and ask her if she had received the things he sent.
It was very hot, and a cloud of dust that was raised by a thousand tramping feet stood all the time over the gang that was moving down the middle of the street. The prisoners were walking quickly, and the slow-going isvostchik's horse was some time in catching them up. Row upon row they passed, those strange and terrible-looking creatures, none of whom Nekhludoff knew.
On they went, all dressed alike, moving a thousand feet all shod alike, swinging their free arms as if to keep up their spirits. There were so many of them, they all looked so much alike, and they were all placed in such unusual, peculiar circumstances, that they seemed to Nekhludoff to be not men but some sort of strange and terrible creatures. This impression passed when he recognised in the crowd of convicts the murderer Federoff, and among the exiles Okhotin the wit, and another tramp who had appealed to him for assistance. Almost all the prisoners turned and looked at the trap that was passing them and at the gentleman inside. Federoff tossed his head backwards as a sign that he had recognised Nekhludoff, Okhotin winked, but neither of them bowed, considering it not the thing.
As soon as Nekhludoff came up to the women he saw Maslova; she was in the second row. The first in the row was a short-legged, black-eyed, hideous woman, who had her cloak tucked up in her girdle. This was Koroshavka. The next was a pregnant woman, who dragged herself along with difficulty. The third was Maslova; she was carrying her sack on her shoulder, and looking straight before her. Her face looked calm and determined. The fourth in the row was a young, lovely woman who was walking along briskly, dressed in a short cloak, her kerchief tied in peasant fashion. This was Theodosia.
Nekhludoff got down and approached the women, meaning to ask Maslova if she had got the things he had sent her, and how she was feeling, but the convoy sergeant, who was walking on that side, noticed him at once, and ran towards him.
"You must not do that, sir. It is against the regulations to approach the gang," shouted the sergeant as he came up.
But when he recognised Nekhludoff (every one in the prison knew Nekhludoff) the sergeant raised his fingers to his cap, and, stopping in front of Nekhludoff, said: "Not now; wait till we get to the railway station; here it is not allowed. Don't lag behind; march!" he shouted to the convicts, and putting on a brisk air, he ran back to his place at a trot, in spite of the heat and the elegant new boots on his feet.
Nekhl
udoff went on to the pavement and told the isvostchik to follow him; himself walking, so as to keep the convicts in sight. Wherever the gang passed it attracted attention mixed with horror and compassion. Those who drove past leaned out of the vehicles and followed the prisoners with their eyes. Those on foot stopped and looked with fear and surprise at the terrible sight. Some came up and gave alms to the prisoners. The alms were received by the convoy. Some, as if they were hypnotised, followed the gang, but then stopped, shook their heads, and followed the prisoners only with their eyes. Everywhere the people came out of the gates and doors, and called others to come out, too, or leaned out of the windows looking, silent and immovable, at the frightful procession. At a cross-road a fine carriage was stopped by the gang. A fat coachman, with a shiny face and two rows of buttons on his back, sat on the box; a married couple sat facing the horses, the wife, a pale, thin woman, with a light-coloured bonnet on her head and a bright sunshade in her hand, the husband with a top-hat and a well-cut light-coloured overcoat. On the seat in front sat their children--a well-dressed little girl, with loose, fair hair, and as fresh as a flower, who also held a bright parasol, and an eight-year-old boy, with a long, thin neck and sharp collarbones, a sailor hat with long ribbons on his head.
The father was angrily scolding the coachman because he had not passed in front of the gang when he had a chance, and the mother frowned and half closed her eyes with a look of disgust, shielding herself from the dust and the sun with her silk sunshade, which she held close to her face.
The fat coachman frowned angrily at the unjust rebukes of his master--who had himself given the order to drive along that street--and with difficulty held in the glossy, black horses, foaming under their harness and impatient to go on.
The policeman wished with all his soul to please the owner of the fine equipage by stopping the gang, yet felt that the dismal solemnity of the procession could not be broken even for so rich a gentleman. He only raised his fingers to his cap to show his respect for riches, and looked severely at the prisoners as if promising in any case to protect the owners of the carriage from them. So the carriage had to wait till the whole of the procession had passed, and could only move on when the last of the carts, laden with sacks and prisoners, rattled by. The hysterical woman who sat on one of the carts, and had grown calm, again began shrieking and sobbing when she saw the elegant carriage. Then the coachman tightened the reins with a slight touch, and the black trotters, their shoes ringing against the paving stones, drew the carriage, softly swaying on its rubber tires, towards the country house where the husband, the wife, the girl, and the boy with the sharp collarbones were going to amuse themselves. Neither the father nor the mother gave the girl and boy any explanation of what they had seen, so that the children had themselves to find out the meaning of this curious sight. The girl, taking the expression of her father's and mother's faces into consideration, solved the problem by assuming that these people were quite another kind of men and women than her father and mother and their acquaintances, that they were bad people, and that they had therefore to be treated in the manner they were being treated.