by Anthology
"The army is not allowed to vote for President?"
"Certainly not. That would be perilous to its discipline, which it is the business of the President to maintain as the representative of the nation at large. His right hand for this purpose is the inspectorate, a highly important department of our system; to the inspectorate come all complaints or information as to defects in goods, insolence or inefficiency of officials, or dereliction of any sort in the public service. The inspectorate, however, does not wait for complaints. Not only is it on the alert to catch and sift every rumor of a fault in the service, but it is its business, by systematic and constant oversight and inspection of every branch of the army, to find out what is going wrong before anybody else does. The President is usually not far from fifty when elected, and serves five years, forming an honorable exception to the rule of retirement at forty-five. At the end of his term of office, a national Congress is called to receive his report and approve or condemn it. If it is approved, Congress usually elects him to represent the nation for five years more in the international council. Congress, I should also say, passes on the reports of the outgoing heads of departments, and a disapproval renders any one of them ineligible for President. But it is rare, indeed, that the nation has occasion for other sentiments than those of gratitude toward its high officers. As to their ability, to have risen from the ranks, by tests so various and severe, to their positions, is proof in itself of extraordinary qualities, while as to faithfulness, our social system leaves them absolutely without any other motive than that of winning the esteem of their fellow citizens. Corruption is impossible in a society where there is neither poverty to be bribed nor wealth to bribe, while as to demagoguery or intrigue for office, the conditions of promotion render them out of the question."
"One point I do not quite understand," I said. "Are the members of the liberal professions eligible to the presidency? and if so, how are they ranked with those who pursue the industries proper?"
"They have no ranking with them," replied Dr. Leete. "The members of the technical professions, such as engineers and architects, have a ranking with the constructive guilds; but the members of the liberal professions, the doctors and teachers, as well as the artists and men of letters who obtain remissions of industrial service, do not belong to the industrial army. On this ground they vote for the President, but are not eligible to his office. One of its main duties being the control and discipline of the industrial army, it is essential that the President should have passed through all its grades to understand his business."
"That is reasonable," I said; "but if the doctors and teachers do not know enough of industry to be President, neither, I should think, can the President know enough of medicine and education to control those departments."
"No more does he," was the reply. "Except in the general way that he is responsible for the enforcement of the laws as to all classes, the President has nothing to do with the faculties of medicine and education, which are controlled by boards of regents of their own, in which the President is ex-officio chairman, and has the casting vote. These regents, who, of course, are responsible to Congress, are chosen by the honorary members of the guilds of education and medicine, the retired teachers and doctors of the country."
"Do you know," I said, "the method of electing officials by votes of the retired members of the guilds is nothing more than the application on a national scale of the plan of government by alumni, which we used to a slight extent occasionally in the management of our higher educational institutions."
"Did you, indeed?" exclaimed Dr. Leete, with animation. "That is quite new to me, and I fancy will be to most of us, and of much interest as well. There has been great discussion as to the germ of the idea, and we fancied that there was for once something new under the sun. Well! well! In your higher educational institutions! that is interesting indeed. You must tell me more of that."
"Truly, there is very little more to tell than I have told already," I replied. "If we had the germ of your idea, it was but as a germ."
Chapter 18
That evening I sat up for some time after the ladies had retired, talking with Dr. Leete about the effect of the plan of exempting men from further service to the nation after the age of forty-five, a point brought up by his account of the part taken by the retired citizens in the government.
"At forty-five," said I, "a man still has ten years of good manual labor in him, and twice ten years of good intellectual service. To be superannuated at that age and laid on the shelf must be regarded rather as a hardship than a favor by men of energetic dispositions."
"My dear Mr. West," exclaimed Dr. Leete, beaming upon me, "you cannot have any idea of the piquancy your nineteenth century ideas have for us of this day, the rare quaintness of their effect. Know, O child of another race and yet the same, that the labor we have to render as our part in securing for the nation the means of a comfortable physical existence is by no means regarded as the most important, the most interesting, or the most dignified employment of our powers. We look upon it as a necessary duty to be discharged before we can fully devote ourselves to the higher exercise of our faculties, the intellectual and spiritual enjoyments and pursuits which alone mean life. Everything possible is indeed done by the just distribution of burdens, and by all manner of special attractions and incentives to relieve our labor of irksomeness, and, except in a comparative sense, it is not usually irksome, and is often inspiring. But it is not our labor, but the higher and larger activities which the performance of our task will leave us free to enter upon, that are considered the main business of existence.
"Of course not all, nor the majority, have those scientific, artistic, literary, or scholarly interests which make leisure the one thing valuable to their possessors. Many look upon the last half of life chiefly as a period for enjoyment of other sorts; for travel, for social relaxation in the company of their life-time friends; a time for the cultivation of all manner of personal idiosyncrasies and special tastes, and the pursuit of every imaginable form of recreation; in a word, a time for the leisurely and unperturbed appreciation of the good things of the world which they have helped to create. But, whatever the differences between our individual tastes as to the use we shall put our leisure to, we all agree in looking forward to the date of our discharge as the time when we shall first enter upon the full enjoyment of our birthright, the period when we shall first really attain our majority and become enfranchised from discipline and control, with the fee of our lives vested in ourselves. As eager boys in your day anticipated twenty-one, so men nowadays look forward to forty-five. At twenty-one we become men, but at forty-five we renew youth. Middle age and what you would have called old age are considered, rather than youth, the enviable time of life. Thanks to the better conditions of existence nowadays, and above all the freedom of every one from care, old age approaches many years later and has an aspect far more benign than in past times. Persons of average constitution usually live to eighty-five or ninety, and at forty-five we are physically and mentally younger, I fancy, than you were at thirty-five. It is a strange reflection that at forty-five, when we are just entering upon the most enjoyable period of life, you already began to think of growing old and to look backward. With you it was the forenoon, with us it is the afternoon, which is the brighter half of life."
After this I remember that our talk branched into the subject of popular sports and recreations at the present time as compared with those of the nineteenth century.
"In one respect," said Dr. Leete, "there is a marked difference. The professional sportsmen, which were such a curious feature of your day, we have nothing answering to, nor are the prizes for which our athletes contend money prizes, as with you. Our contests are always for glory only. The generous rivalry existing between the various guilds, and the loyalty of each worker to his own, afford a constant stimulation to all sorts of games and matches by sea and land, in which the young men take scarcely more interest than the honorary guildsmen who
have served their time. The guild yacht races off Marblehead take place next week, and you will be able to judge for yourself of the popular enthusiasm which such events nowadays call out as compared with your day. The demand for 'panem ef circenses' preferred by the Roman populace is recognized nowadays as a wholly reasonable one. If bread is the first necessity of life, recreation is a close second, and the nation caters for both. Americans of the nineteenth century were as unfortunate in lacking an adequate provision for the one sort of need as for the other. Even if the people of that period had enjoyed larger leisure, they would, I fancy, have often been at a loss how to pass it agreeably. We are never in that predicament."
Chapter 19
In the course of an early morning constitutional I visited Charlestown. Among the changes, too numerous to attempt to indicate, which mark the lapse of a century in that quarter, I particularly noted the total disappearance of the old state prison.
"That went before my day, but I remember hearing about it," said Dr. Leete, when I alluded to the fact at the breakfast table. "We have no jails nowadays. All cases of atavism are treated in the hospitals."
"Of atavism!" I exclaimed, staring.
"Why, yes," replied Dr. Leete. "The idea of dealing punitively with those unfortunates was given up at least fifty years ago, and I think more."
"I don't quite understand you," I said. "Atavism in my day was a word applied to the cases of persons in whom some trait of a remote ancestor recurred in a noticeable manner. Am I to understand that crime is nowadays looked upon as the recurrence of an ancestral trait?"
"I beg your pardon," said Dr. Leete with a smile half humorous, half deprecating, "but since you have so explicitly asked the question, I am forced to say that the fact is precisely that."
After what I had already learned of the moral contrasts between the nineteenth and the twentieth centuries, it was doubtless absurd in me to begin to develop sensitiveness on the subject, and probably if Dr. Leete had not spoken with that apologetic air and Mrs. Leete and Edith shown a corresponding embarrassment, I should not have flushed, as I was conscious I did.
"I was not in much danger of being vain of my generation before," I said; "but, really—"
"This is your generation, Mr. West," interposed Edith. "It is the one in which you are living, you know, and it is only because we are alive now that we call it ours."
"Thank you. I will try to think of it so," I said, and as my eyes met hers their expression quite cured my senseless sensitiveness. "After all," I said, with a laugh, "I was brought up a Calvinist, and ought not to be startled to hear crime spoken of as an ancestral trait."
"In point of fact," said Dr. Leete, "our use of the word is no reflection at all on your generation, if, begging Edith's pardon, we may call it yours, so far as seeming to imply that we think ourselves, apart from our circumstances, better than you were. In your day fully nineteen twentieths of the crime, using the word broadly to include all sorts of misdemeanors, resulted from the inequality in the possessions of individuals; want tempted the poor, lust of greater gains, or the desire to preserve former gains, tempted the well-to-do. Directly or indirectly, the desire for money, which then meant every good thing, was the motive of all this crime, the taproot of a vast poison growth, which the machinery of law, courts, and police could barely prevent from choking your civilization outright. When we made the nation the sole trustee of the wealth of the people, and guaranteed to all abundant maintenance, on the one hand abolishing want, and on the other checking the accumulation of riches, we cut this root, and the poison tree that overshadowed your society withered, like Jonah's gourd, in a day. As for the comparatively small class of violent crimes against persons, unconnected with any idea of gain, they were almost wholly confined, even in your day, to the ignorant and bestial; and in these days, when education and good manners are not the monopoly of a few, but universal, such atrocities are scarcely ever heard of. You now see why the word 'atavism' is used for crime. It is because nearly all forms of crime known to you are motiveless now, and when they appear can only be explained as the outcropping of ancestral traits. You used to call persons who stole, evidently without any rational motive, kleptomaniacs, and when the case was clear deemed it absurd to punish them as thieves. Your attitude toward the genuine kleptomaniac is precisely ours toward the victim of atavism, an attitude of compassion and firm but gentle restraint."
"Your courts must have an easy time of it," I observed. "With no private property to speak of, no disputes between citizens over business relations, no real estate to divide or debts to collect, there must be absolutely no civil business at all for them; and with no offenses against property, and mighty few of any sort to provide criminal cases, I should think you might almost do without judges and lawyers altogether."
"We do without the lawyers, certainly," was Dr. Leete's reply. "It would not seem reasonable to us, in a case where the only interest of the nation is to find out the truth, that persons should take part in the proceedings who had an acknowledged motive to color it."
"But who defends the accused?"
"If he is a criminal he needs no defense, for he pleads guilty in most instances," replied Dr. Leete. "The plea of the accused is not a mere formality with us, as with you. It is usually the end of the case."
"You don't mean that the man who pleads not guilty is thereupon discharged?"
"No, I do not mean that. He is not accused on light grounds, and if he denies his guilt, must still be tried. But trials are few, for in most cases the guilty man pleads guilty. When he makes a false plea and is clearly proved guilty, his penalty is doubled. Falsehood is, however, so despised among us that few offenders would lie to save themselves."
"That is the most astounding thing you have yet told me," I exclaimed. "If lying has gone out of fashion, this is indeed the 'new heavens and the new earth wherein dwelleth righteousness,' which the prophet foretold."
"Such is, in fact, the belief of some persons nowadays," was the doctor's answer. "They hold that we have entered upon the millennium, and the theory from their point of view does not lack plausibility. But as to your astonishment at finding that the world has outgrown lying, there is really no ground for it. Falsehood, even in your day, was not common between gentlemen and ladies, social equals. The lie of fear was the refuge of cowardice, and the lie of fraud the device of the cheat. The inequalities of men and the lust of acquisition offered a constant premium on lying at that time. Yet even then, the man who neither feared another nor desired to defraud him scorned falsehood. Because we are now all social equals, and no man either has anything to fear from another or can gain anything by deceiving him, the contempt of falsehood is so universal that it is rarely, as I told you, that even a criminal in other respects will be found willing to lie. When, however, a plea of not guilty is returned, the judge appoints two colleagues to state the opposite sides of the case. How far these men are from being like your hired advocates and prosecutors, determined to acquit or convict, may appear from the fact that unless both agree that the verdict found is just, the case is tried over, while anything like bias in the tone of either of the judges stating the case would be a shocking scandal."
"Do I understand," I said, "that it is a judge who states each side of the case as well as a judge who hears it?"
"Certainly. The judges take turns in serving on the bench and at the bar, and are expected to maintain the judicial temper equally whether in stating or deciding a case. The system is indeed in effect that of trial by three judges occupying different points of view as to the case. When they agree upon a verdict, we believe it to be as near to absolute truth as men well can come."
"You have given up the jury system, then?"
"It was well enough as a corrective in the days of hired advocates, and a bench sometimes venal, and often with a tenure that made it dependent, but is needless now. No conceivable motive but justice could actuate our judges."
"How are these magistrates selected?"
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p; "They are an honorable exception to the rule which discharges all men from service at the age of forty-five. The President of the nation appoints the necessary judges year by year from the class reaching that age. The number appointed is, of course, exceedingly few, and the honor so high that it is held an offset to the additional term of service which follows, and though a judge's appointment may be declined, it rarely is. The term is five years, without eligibility to reappointment. The members of the Supreme Court, which is the guardian of the constitution, are selected from among the lower judges. When a vacancy in that court occurs, those of the lower judges, whose terms expire that year, select, as their last official act, the one of their colleagues left on the bench whom they deem fittest to fill it."
"There being no legal profession to serve as a school for judges," I said, "they must, of course, come directly from the law school to the bench."
"We have no such things as law schools," replied the doctor smiling. "The law as a special science is obsolete. It was a system of casuistry which the elaborate artificiality of the old order of society absolutely required to interpret it, but only a few of the plainest and simplest legal maxims have any application to the existing state of the world. Everything touching the relations of men to one another is now simpler, beyond any comparison, than in your day. We should have no sort of use for the hair-splitting experts who presided and argued in your courts. You must not imagine, however, that we have any disrespect for those ancient worthies because we have no use for them. On the contrary, we entertain an unfeigned respect, amounting almost to awe, for the men who alone understood and were able to expound the interminable complexity of the rights of property, and the relations of commercial and personal dependence involved in your system. What, indeed, could possibly give a more powerful impression of the intricacy and artificiality of that system than the fact that it was necessary to set apart from other pursuits the cream of the intellect of every generation, in order to provide a body of pundits able to make it even vaguely intelligible to those whose fates it determined. The treatises of your great lawyers, the works of Blackstone and Chitty, of Story and Parsons, stand in our museums, side by side with the tomes of Duns Scotus and his fellow scholastics, as curious monuments of intellectual subtlety devoted to subjects equally remote from the interests of modern men. Our judges are simply widely informed, judicious, and discreet men of ripe years.