Beginning with the slaughter at St. Louis on a night in the year 1920, when no fewer than twenty-two thousand citizens were slain in the streets and half the city destroyed, massacre followed massacre with frightful rapidity. New York fell in the month following, many thousands of its inhabitants escaping fire and sword only to be driven into the bay and drowned, “the roaring of the water in their ears,” says Bardeal, “augmented by the hoarse clamor of their red-handed pursuers, whose bloodthirst was unsated by the sea.” A week later Washington was destroyed, with all its public buildings and archives; the President and his Ministry were slain, Congress was dispersed, and an unknown number of officials and private citizens perished. Of all the principal cities only Chicago and San Francisco escaped. The people of the former were all anarchists and the latter was valorously and successfully defended by the Chinese.
The urban anarchists were eventually subdued and some semblance of order was restored, but greater woes and sharper shames awaited this unhappy nation, as we shall see.
In turning from this branch of our subject to consider the causes of the failure and bloody disruption of the great American republic other than those inherent in the form of government, it may not be altogether unprofitable to glance briefly at what seems to a superficial view the inconsistent phenomenon of great material prosperity. It is not to be denied that this unfortunate people was at one time singularly prosperous, in so far as national wealth is a measure and proof of prosperity. Among nations it was the richest nation. But at how great a sacrifice of better things was its wealth obtained! By the neglect of all education except that crude, elementary sort which fits men for the coarse delights of business and affairs but confers no capacity of rational enjoyment; by exalting the worth of wealth and making it the test and touchstone of merit; by ignoring art, scorning literature and despising science, except as these might contribute to the glutting of the purse; by setting up and maintaining an artificial standard of morals which condoned all offenses against the property and peace of every one but the condoner; by pitilessly crushing out of their natures every sentiment and aspiration unconnected with accumulation of property, these civilized savages and commercial barbarians attained their sordid end. Before they had rounded the first half-century of their existence as a nation they had sunk so low in the scale of morality that it was considered nothing discreditable to take the hand and even visit the house of a man who had grown rich by means notoriously corrupt and dishonorable; and Harley declares that even the editors and writers of newspapers, after fiercely assailing such men in their journals, would be seen “hobnobbing” with them in public places.
(The nature of the social ceremony named the “hobnob” is not now understood, but it is known that it was a sign of amity and favor.) When men or nations devote all the powers of their minds and bodies to the heaping up of wealth, wealth is heaped up. But what avails it? It may not be amiss to quote here the words of one of the greatest of the ancients whose works—fragmentary, alas—have come down to us.
“Wealth has accumulated itself into masses; and poverty, also in accumulation enough, lies impassably separated from it; opposed, uncommunicating, like forces in positive and negative poles. The gods of this lower world sit aloft on glittering thrones, less happy than Epicurus’s gods, but as indolent, as impotent; while the boundless living chaos of ignorance and hunger welters, terrific in its dark fury, under their feet. How much among us might be likened to a whited sepulcher: outwardly all pomp and strength, but inwardly full of horror and despair and dead men’s bones! Iron highways, with their wains fire-winged, are uniting all the ends of the land; quays and moles, with their innumerable stately fleets, tame the ocean into one pliant bearer of burdens; labor’s thousand arms, of sinew and of metal, all-conquering everywhere, from the tops of the mount down to the depths of the mine and the caverns of the sea, ply unweariedly for the service of man; yet man remains unserved. He has subdued this planet, his habitation and inheritance, yet reaps no profit from the victory. Sad to look upon: in the highest stage of civilization nine-tenths of mankind have to struggle in the lowest battle of savage or even animal man—the battle against famine. Countries are rich, prosperous in all manner of increase, beyond example; but the men of these countries are poor, needier than ever of all sustenance, outward and inward; of belief, of knowledge, of money, of food.”
To this somber picture of American “prosperity” in the nineteenth century nothing of worth can be added by the most inspired artist. Let us simply inscribe upon the gloomy canvas the memorable words of an illustrious poet of the period:
That country speeds to an untoward fate, Where men are trivial and gold is great.
One of the most “sacred” rights of the ancient American was the trial of an accused person by “a jury of his peers.” This, in America, was a right secured to him by a written constitution. It was almost universally believed to have had its origin in Magna Carta, a famous document which certain rebellious noblemen of another country had compelled their sovereign to sign under a threat of death. That celebrated “bill of rights” has not all come down to us, but researches of the learned have made it certain that it contained no mention of trial by jury, which, indeed, was unknown to its authors. The words judicium parium meant to them something entirely different—the judgment of the entire community of freemen. The words and the practice they represented antedated Magna Carta by many centuries and were common to the Franks and other Germanic nations, amongst whom a trial “jury” consisted of persons having a knowledge of the matter to be determined—persons who in later times were called “witnesses” and rigorously excluded from the seats of judgment.
It is difficult to conceive a more clumsy and ineffective machinery for ascertaining truth and doing justice than a jury of twelve men of the average intelligence, even among ourselves. What, then, must this device have been among the half-civilized tribes of the Connected States of America! Nay, the case is worse than that, for it was the practice to prevent men of even the average intelligence from serving as jurors.
Jurors had to be residents of the locality of the crime charged, and every crime was made a matter of public notoriety long before the accused was brought to trial; yet, as a rule, he who had read or talked about the trial was held disqualified to serve. This in a country where, when a man who could read was not reading about local crimes he was talking about them, or if doing neither was doing something worse!
To the twelve men so chosen the opposing lawyers addressed their disingenuous pleas and for their consideration the witnesses presented their carefully rehearsed testimony, most of it false. So unintelligent were these juries that a great part of the time in every trial was consumed in keeping from them certain kinds of evidence with which they could not be trusted; yet the lawyers were permitted to submit to them any kind of misleading argument that they pleased and fortify it with innuendoes without relevancy and logic without sense. Appeals to their passions, their sympathies, their prejudices, were regarded as legitimate influences and tolerated by the judges on the theory that each side’s offenses would about offset those of the other. In a criminal case it was expected that the prosecutor would declare repeatedly and in the most solemn manner his belief in the guilt of the person accused, and that the attorney for the defense would affirm with equal gravity his conviction of his client’s innocence. How could they impress the jury with a belief which they did not themselves venture to affirm? It is not recorded that any lawyer ever rebelled against the iron authority of these conditions and stood for truth and conscience. They were, indeed, the conditions of his existence as a lawyer, a fact which they easily persuaded themselves mitigated the baseness of their obedience to them, or justified it altogether.
The judges, as a rule, were no better, for before they could become judges they must have been advocates, with an advocate’s fatal disabilities of judgment. Most of them depended for their office upon the favor of the people, which, also, was fatal to the independence
, the dignity and the impartiality to which they laid so solemn claim. In their decisions they favored, so far as they dared, every interest, class or person powerful enough to help or hurt them in an election. Holding their high office by so precarious a tenure, they were under strong temptation to enrich themselves from the serviceable purses of wealthy litigants, and in disregard of justice to cultivate the favor of the attorneys practicing before them, and before whom they might soon be compelled themselves to practice.
In the higher courts of the land, where juries were unknown and appointed judges held their seats for life, these awful conditions did not obtain, and there Justice might have been content to dwell, and there she actually did sometimes set her foot. Unfortunately, the great judges had the consciences of their education. They had crept to place through the slime of the lower courts and their robes of office bore the damnatory evidence.
Unfortunately, too, the attorneys, the jury habit strong upon them, brought into the superior tribunals the moral characteristics and professional methods acquired in the lower. Instead of assisting the judges to ascertain the truth and the law, they cheated in argument and took liberties with fact, deceiving the court whenever they deemed it to the interest of their cause to do so, and as willingly won by a technicality or a trick as by the justice of their contention and their ability in supporting it. Altogether, the entire judicial system of the Connected States of America was inefficient, disreputable, corrupt.
The result might easily have been foreseen and doubtless was predicted by patriots whose admonitions have not come down to us. Denied protection of the law, neither property nor life was safe. Greed filled his coffers from the meager hoards of Thrift, private vengeance took the place of legal redress, mad multitudes rioted and slew with virtual immunity from punishment or blame, and the land was red with crime.
A singular phenomenon of the time was the immunity of criminal women.
Among the Americans woman held a place unique in the history of nations.
If not actually worshiped as a deity, as some historians, among them the great Sagab-Joffoy, have affirmed, she was at least regarded with feelings of veneration which the modern mind has a difficulty in comprehending.
Some degree of compassion for her mental inferiority, some degree of forbearance toward her infirmities of temper, some degree of immunity for the offenses which these peculiarities entail—these are common to all peoples above the grade of barbarians. In ancient America these chivalrous sentiments found open and lawful expression only in relieving woman of the burden of participation in political and military service; the laws gave her no express exemption from responsibility for crime. When she murdered, she was arrested; when arrested, brought to trial—though the origin and meaning of those observances are not now known. Gunkux, whose researches into the jurisprudence of antiquity enable him to speak with commanding authority of many things, gives us here nothing better than the conjecture that the trial of women for murder, in the nineteenth century and a part of the twentieth, was the survival of an earlier custom of actually convicting and punishing them, but it seems extremely improbable that a people that once put its female assassins to death would ever have relinquished the obvious advantages of the practice while retaining with purposeless tenacity some of its costly preliminary forms. Whatever may have been the reason, the custom was observed with all the gravity of a serious intention. Gunkux professes knowledge of one or two instances (he does not name his authorities) where matters went so far as conviction and sentence, and adds that the mischievous sentimentalists who had always lent themselves to the solemn jest by protestations of great vraisemblance against “the judicial killing of women,” became really alarmed and filled the land with their lamentations. Among the phenomena of brazen effrontery he classes the fact that some of these loud protagonists of the right of women to assassinate unpunished were themselves women! Howbeit, the sentences, if ever pronounced, were never executed, and during the first quarter of the twentieth century the meaningless custom of bringing female assassins to trial was abandoned.
What the effect was of their exemption from this considerable inconvenience we have not the data to conjecture, unless we understand as an allusion to it some otherwise obscure words of the famous Edward Bok, the only writer of the period whose work has survived. In his monumental essay on barbarous penology, entitled “Slapping the Wrist,” he couples “woman’s emancipation from the trammels of law” and “man’s better prospect of death” in a way that some have construed as meaning that he regarded them as cause and effect. It must be said, however, that this interpretation finds no support in the general character of his writing, which is exceedingly humane, refined and womanly.
It has been said that the writings of this great man are the only surviving work of his period, but of that we are not altogether sure.
There exists a fragment of an anonymous essay on woman’s legal responsibility which many Americologists think belongs to the beginning of the twentieth century. Certainly it could not have been written later than the middle of it, for at that time woman had been definitely released from any responsibility to any law but that of her own will. The essay is an argument against even such imperfect exemption as she had in its author’s time.
“It has been urged,” the writer says, “that women, being less rational and more emotional than men, should not be held accountable in the same degree. To this it may be answered that punishment for crime is not intended to be retaliatory, but admonitory and deterrent. It is, therefore, peculiarly necessary to those not easily reached by other forms of warning and dissuasion. Control of the wayward is not to be sought in reduction of restraints, but in their multiplication. One who cannot be curbed by reason may be curbed by fear, a familiar truth which lies at the foundation of all penological systems. The argument for exemption of women is equally cogent for exemption of habitual criminals, for they too are abnormally inaccessible to reason, abnormally disposed to obedience to the suasion of their unregulated impulses and passions. To free them from the restraints of the fear of punishment would be a bold innovation which has as yet found no respectable proponent outside their own class.
“Very recently this dangerous enlargement of the meaning of the phrase ‘emancipation of woman’ has been fortified with a strange advocacy by the female ‘champions of their sex.’ Their argument runs this way: ‘We are denied a voice in the making of the laws relating to infliction of the death penalty; it is unjust to hold us to an accountability to which we have not assented.’ Of course this argument is as broad as the entire body of law; it amounts to nothing less than a demand for general immunity from all laws, for to none of them has woman’s assent been asked or given. But let us consider this amazing claim with reference only to the proposal in the service and promotion of which it is now urged: exemption of women from the death penalty for murder. In the last analysis it is seen to be a simple demand for compensation. It says: ‘You owe us a solatium. Since you deny us the right to vote, you should give us the right to assassinate. We do not appraise it at so high a valuation as the other franchise, but we do value it.’
“Apparently they do: without legal, but with virtual, immunity from punishment, the women of this country take an average of one thousand lives annually, nine in ten being the lives of men. Juries of men, incited and sustained by public opinion, have actually deprived every adult male American of the right to live. If the death of any man is desired by any woman for any reason he is without protection. She has only to kill him and say that he wronged or insulted her. Certain almost incredible recent instances prove that no woman is too base for immunity, no crime against life sufficiently rich in all the elements of depravity to compel a conviction of the assassin, or, if she is convicted and sentenced, her punishment by the public executioner.”
In this interesting fragment, quoted by Bogul in his “History of an Extinct Civilization,” we learn something of the shame and peril of American citizenship under institution
s which, not having run their foreordained course to the unhappy end, were still in some degree supportable. What these institutions became afterward is a familiar story.
It is true that the law of trial by jury was repealed. It had broken down, but not until it had sapped the whole nation’s respect for all law, for all forms of authority, for order and private virtues. The people whose rude forefathers in another land it had served roughly to protect against their tyrants, it had lamentably failed to protect against themselves, and when in madness they swept it away, it was not as one renouncing an error, but as one impatient of the truth which the error is still believed to contain. They flung it away, not as an ineffectual restraint, but as a restraint; not because it was no longer an instrument of justice for the determination of truth, but because they feared that it might again become such. In brief, trial by jury was abolished only when it had provoked anarchy.
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