Nosnibor and the family straightener, who was considered competent to watch the completion of the cure. I was struck with the delicacy with which he avoided even the remotest semblance of inquiry after the physical well-being of his patient, though there was a certain yellowness about my host's eyes which argued a bilious habit of body. To have taken notice of this would have been a gross breach of professional etiquette.

I was told, however, that a straightener sometimes thinks it right to glance at the possibility of some slight physical disorder if he finds it important in order to a.s.sist him in his diagnosis; but the answers which he gets are generally untrue or evasive, and he forms his own conclusions upon the matter as well as he can. Sensible men have been known to say that the straightener should in strict confidence be told of every physical ailment that is likely to bear upon the case; but people are naturally shy of doing this, for they do not like lowering themselves in the opinion of the straightener, and his ignorance of medical science is supreme. I heard of one lady, indeed, who had the hardihood to confess that a furious outbreak of ill-humour and extravagant fancies for which she was seeking advice was possibly the result of indisposition. "You should resist that," said the straightener, in a kind, but grave voice; "we can do nothing for the bodies of our patients; such matters are beyond our province, and I desire that I may hear no further particulars." The lady burst into tears, and promised faithfully that she would never be unwell again.

But to return to Mr. Nosnibor. As the afternoon wore on many carriages drove up with callers to inquire how he had stood his flogging. It had been very severe, but the kind inquiries upon every side gave him great pleasure, and he a.s.sured me that he felt almost tempted to do wrong again by the solicitude with which his friends had treated him during his recovery: in this I need hardly say that he was not serious.

During the remainder of my stay in the country Mr. Nosnibor was constantly attentive to his business, and largely increased his already great possessions; but I never heard a whisper to the effect of his having been indisposed a second time, or made money by other than the most strictly honourable means. I did hear afterwards in confidence that there had been reason to believe that his health had been not a little affected by the straightener's treatment, but his friends did not choose to be over-curious upon the subject, and on his return to his affairs it was by common consent pa.s.sed over as hardly criminal in one who was otherwise so much afflicted. For they regard bodily ailments as the more venial in proportion as they have been produced by causes independent of the const.i.tution. Thus if a person ruin his health by excessive indulgence at the table or by drinking, they count it to be almost a part of the mental disease which brought it about, and so it goes for little, but they have no mercy on such illnesses as fevers or catarrhs or lung diseases, which to us appear to be beyond the control of the individual.

They are only more lenient towards the diseases of the young--such as measles, which they think to be like sowing one's wild oats--and look over them as pardonable indiscretions if they have not been too serious, and if they are atoned for by complete subsequent recovery.

It is hardly necessary to say that the office of straightener is one which requires long and special training. It stands to reason that he who would cure a moral ailment must be practically acquainted with it in all its bearings. The student for the profession of straightener is required to set apart certain seasons for the practice of each vice in turn, as a religious duty. These seasons are called "fasts," and are continued by the student until he finds that he really can subdue all the more usual vices in his own person, and hence can advise his patients from the results of his own experience.

Those who intend to be specialists, rather than general pract.i.tioners, devote themselves more particularly to the branch in which their practice will mainly lie. Some students have been obliged to continue their exercises during their whole lives, and some devoted men have actually died as martyrs to the drink, or gluttony, or whatever branch of vice they may have chosen for their especial study. The greater number, however, take no harm by the excursions into the various departments of vice which it is inc.u.mbent upon them to study.

For the Erewhonians hold that unalloyed virtue is not a thing to be immoderately indulged in. I was shown more than one case in which the real or supposed virtues of parents were visited upon the children to the third and fourth generation. The straighteners say that the most that can be truly said for virtue is that there is a considerable balance in its favour, and that it is on the whole a good deal better to be on its side than against it; but they urge that there is much pseudo-virtue going about, which is apt to let people in very badly before they find it out. Those men, they say, are best who are not remarkable either for vice or virtue. I told them about Hogarth's idle and industrious apprentices, but they did not seem to think that the industrious apprentice was a very nice person.

CHAPTER XI: SOME EREWHONIAN TRIALS

In Erewhon as in other countries there are some courts of justice that deal with special subjects. Misfortune generally, as I have above explained, is considered more or less criminal, but it admits of cla.s.sification, and a court is a.s.signed to each of the main heads under which it can be supposed to fall. Not very long after I had reached the capital I strolled into the Personal Bereavement Court, and was much both interested and pained by listening to the trial of a man who was accused of having just lost a wife to whom he had been tenderly attached, and who had left him with three little children, of whom the eldest was only three years old.

The defence which the prisoner's counsel endeavoured to establish was, that the prisoner had never really loved his wife; but it broke down completely, for the public prosecutor called witness after witness who deposed to the fact that the couple had been devoted to one another, and the prisoner repeatedly wept as incidents were put in evidence that reminded him of the irreparable nature of the loss he had sustained. The jury returned a verdict of guilty after very little deliberation, but recommended the prisoner to mercy on the ground that he had but recently insured his wife's life for a considerable sum, and might be deemed lucky inasmuch as he had received the money without demur from the insurance company, though he had only paid two premiums.

I have just said that the jury found the prisoner guilty. When the judge pa.s.sed sentence, I was struck with the way in which the prisoner's counsel was rebuked for having referred to a work in which the guilt of such misfortunes as the prisoner's was extenuated to a degree that roused the indignation of the court.

"We shall have," said the judge, "these crude and subversionary books from time to time until it is recognised as an axiom of morality that luck is the only fit object of human veneration. How far a man has any right to be more lucky and hence more venerable than his neighbours, is a point that always has been, and always will be, settled proximately by a kind of higgling and haggling of the market, and ultimately by brute force; but however this may be, it stands to reason that no man should be allowed to be unlucky to more than a very moderate extent."

Then, turning to the prisoner, the judge continued:--"You have suffered a great loss. Nature attaches a severe penalty to such offences, and human law must emphasise the decrees of nature. But for the recommendation of the jury I should have given you six months' hard labour. I will, however, commute your sentence to one of three months, with the option of a fine of twenty-five per cent. of the money you have received from the insurance company."

The prisoner thanked the judge, and said that as he had no one to look after his children if he was sent to prison, he would embrace the option mercifully permitted him by his lordship, and pay the sum he had named.

He was then removed from the dock.

The next case was that of a youth barely arrived at man's estate, who was charged with having been swindled out of large property during his minority by his guardian, who was also one of his nearest relations. His father had been long dead, and it was for this reason that his offence came on for trial in the Personal Bereavement Court. The lad, who was undefended, pleaded that he was young, inexperienced, greatly in awe of his guardian, and without independent professional advice. "Young man,"

said the judge sternly, "do not talk nonsense. People have no right to be young, inexperienced, greatly in awe of their guardians, and without independent professional advice. If by such indiscretions they outrage the moral sense of their friends, they must expect to suffer accordingly." He then ordered the prisoner to apologise to his guardian, and to receive twelve strokes with a cat-of-nine-tails.

But I shall perhaps best convey to the reader an idea of the entire perversion of thought which exists among this extraordinary people, by describing the public trial of a man who was accused of pulmonary consumption--an offence which was punished with death until quite recently. It did not occur till I had been some months in the country, and I am deviating from chronological order in giving it here; but I had perhaps better do so in order that I may exhaust this subject before proceeding to others. Moreover I should never come to an end were I to keep to a strictly narrative form, and detail the infinite absurdities with which I daily came in contact.

The prisoner was placed in the dock, and the jury were sworn much as in Europe; almost all our own modes of procedure were reproduced, even to the requiring the prisoner to plead guilty or not guilty. He pleaded not guilty, and the case proceeded. The evidence for the prosecution was very strong; but I must do the court the justice to observe that the trial was absolutely impartial. Counsel for the prisoner was allowed to urge everything that could be said in his defence: the line taken was that the prisoner was simulating consumption in order to defraud an insurance company, from which he was about to buy an annuity, and that he hoped thus to obtain it on more advantageous terms. If this could have been shown to be the case he would have escaped a criminal prosecution, and been sent to a hospital as for a moral ailment. The view, however, was one which could not be reasonably sustained, in spite of all the ingenuity and eloquence of one of the most celebrated advocates of the country. The case was only too clear, for the prisoner was almost at the point of death, and it was astonishing that he had not been tried and convicted long previously. His coughing was incessant during the whole trial, and it was all that the two jailors in charge of him could do to keep him on his legs until it was over.

The summing up of the judge was admirable. He dwelt upon every point that could be construed in favour of the prisoner, but as he proceeded it became clear that the evidence was too convincing to admit of doubt, and there was but one opinion in the court as to the impending verdict when the jury retired from the box. They were absent for about ten minutes, and on their return the foreman p.r.o.nounced the prisoner guilty. There was a faint murmur of applause, but it was instantly repressed. The judge then proceeded to p.r.o.nounce sentence in words which I can never forget, and which I copied out into a note-book next day from the report that was published in the leading newspaper. I must condense it somewhat, and nothing which I could say would give more than a faint idea of the solemn, not to say majestic, severity with which it was delivered.

The sentence was as follows:-

"Prisoner at the bar, you have been accused of the great crime of labouring under pulmonary consumption, and after an impartial trial before a jury of your countrymen, you have been found guilty. Against the justice of the verdict I can say nothing: the evidence against you was conclusive, and it only remains for me to pa.s.s such a sentence upon you, as shall satisfy the ends of the law. That sentence must be a very severe one. It pains me much to see one who is yet so young, and whose prospects in life were otherwise so excellent, brought to this distressing condition by a const.i.tution which I can only regard as radically vicious; but yours is no case for compa.s.sion: this is not your first offence: you have led a career of crime, and have only profited by the leniency shown you upon past occasions, to offend yet more seriously against the laws and inst.i.tutions of your country. You were convicted of aggravated bronchitis last year: and I find that though you are now only twenty-three years old, you have been imprisoned on no less than fourteen occasions for illnesses of a more or less hateful character; in fact, it is not too much to say that you have spent the greater part of your life in a jail.

"It is all very well for you to say that you came of unhealthy parents, and had a severe accident in your childhood which permanently undermined your const.i.tution; excuses such as these are the ordinary refuge of the criminal; but they cannot for one moment be listened to by the ear of justice. I am not here to enter upon curious metaphysical questions as to the origin of this or that--questions to which there would be no end were their introduction once tolerated, and which would result in throwing the only guilt on the tissues of the primordial cell, or on the elementary gases. There is no question of how you came to be wicked, but only this--namely, are you wicked or not? This has been decided in the affirmative, neither can I hesitate for a single moment to say that it has been decided justly. You are a bad and dangerous person, and stand branded in the eyes of your fellow-countrymen with one of the most heinous known offences.

"It is not my business to justify the law: the law may in some cases have its inevitable hardships, and I may feel regret at times that I have not the option of pa.s.sing a less severe sentence than I am compelled to do.

But yours is no such case; on the contrary, had not the capital punishment for consumption been abolished, I should certainly inflict it now.

"It is intolerable that an example of such terrible enormity should be allowed to go at large unpunished. Your presence in the society of respectable people would lead the less able-bodied to think more lightly of all forms of illness; neither can it be permitted that you should have the chance of corrupting unborn beings who might hereafter pester you.

The unborn must not be allowed to come near you: and this not so much for their protection (for they are our natural enemies), as for our own; for since they will not be utterly gainsaid, it must be seen to that they shall be quartered upon those who are least likely to corrupt them.

"But independently of this consideration, and independently of the physical guilt which attaches itself to a crime so great as yours, there is yet another reason why we should be unable to show you mercy, even if we were inclined to do so. I refer to the existence of a cla.s.s of men who lie hidden among us, and who are called physicians. Were the severity of the law or the current feeling of the country to be relaxed never so slightly, these abandoned persons, who are now compelled to practise secretly and who can be consulted only at the greatest risk, would become frequent visitors in every household; their organisation and their intimate acquaintance with all family secrets would give them a power, both social and political, which nothing could resist. The head of the household would become subordinate to the family doctor, who would interfere between man and wife, between master and servant, until the doctors should be the only depositaries of power in the nation, and have all that we hold precious at their mercy. A time of universal dephysicalisation would ensue; medicine-vendors of all kinds would abound in our streets and advertise in all our newspapers. There is one remedy for this, and one only. It is that which the laws of this country have long received and acted upon, and consists in the sternest repression of all diseases whatsoever, as soon as their existence is made manifest to the eye of the law. Would that that eye were far more piercing than it is.

"But I will enlarge no further upon things that are themselves so obvious. You may say that it is not your fault. The answer is ready enough at hand, and it amounts to this--that if you had been born of healthy and well-to-do parents, and been well taken care of when you were a child, you would never have offended against the laws of your country, nor found yourself in your present disgraceful position. If you tell me that you had no hand in your parentage and education, and that it is therefore unjust to lay these things to your charge, I answer that whether your being in a consumption is your fault or no, it is a fault in you, and it is my duty to see that against such faults as this the commonwealth shall be protected. You may say that it is your misfortune to be criminal; I answer that it is your crime to be unfortunate.

"Lastly, I should point out that even though the jury had acquitted you--a supposition that I cannot seriously entertain--I should have felt it my duty to inflict a sentence hardly less severe than that which I must pa.s.s at present; for the more you had been found guiltless of the crime imputed to you, the more you would have been found guilty of one hardly less heinous--I mean the crime of having been maligned unjustly.

"I do not hesitate therefore to sentence you to imprisonment, with hard labour, for the rest of your miserable existence. During that period I would earnestly entreat you to repent of the wrongs you have done already, and to entirely reform the const.i.tution of your whole body. I entertain but little hope that you will pay attention to my advice; you are already far too abandoned. Did it rest with myself, I should add nothing in mitigation of the sentence which I have pa.s.sed, but it is the merciful provision of the law that even the most hardened criminal shall be allowed some one of the three official remedies, which is to be prescribed at the time of his conviction. I shall therefore order that you receive two tablespoonfuls of castor oil daily, until the pleasure of the court be further known."

When the sentence was concluded the prisoner acknowledged in a few scarcely audible words that he was justly punished, and that he had had a fair trial. He was then removed to the prison from which he was never to return. There was a second attempt at applause when the judge had finished speaking, but as before it was at once repressed; and though the feeling of the court was strongly against the prisoner, there was no show of any violence against him, if one may except a little hooting from the bystanders when he was being removed in the prisoners' van. Indeed, nothing struck me more during my whole sojourn in the country, than the general respect for law and order.

CHAPTER XII: MALCONTENTS

I confess that I felt rather unhappy when I got home, and thought more closely over the trial that I had just witnessed. For the time I was carried away by the opinion of those among whom I was. They had no misgivings about what they were doing. There did not seem to be a person in the whole court who had the smallest doubt but that all was exactly as it should be. This universal unsuspecting confidence was imparted by sympathy to myself, in spite of all my training in opinions so widely different. So it is with most of us: that which we observe to be taken as a matter of course by those around us, we take as a matter of course ourselves. And after all, it is our duty to do this, save upon grave occasion.

But when I was alone, and began to think the trial over, it certainly did strike me as betraying a strange and untenable position. Had the judge said that he acknowledged the probable truth, namely, that the prisoner was born of unhealthy parents, or had been starved in infancy, or had met with some accidents which had developed consumption; and had he then gone on to say that though he knew all this, and bitterly regretted that the protection of society obliged him to inflict additional pain on one who had suffered so much already, yet that there was no help for it, I could have understood the position, however mistaken I might have thought it.

The judge was fully persuaded that the infliction of pain upon the weak and sickly was the only means of preventing weakness and sickliness from spreading, and that ten times the suffering now inflicted upon the accused was eventually warded off from others by the present apparent severity. I could therefore perfectly understand his inflicting whatever pain he might consider necessary in order to prevent so bad an example from spreading further and lowering the Erewhonian standard; but it seemed almost childish to tell the prisoner that he could have been in good health, if he had been more fortunate in his const.i.tution, and been exposed to less hardships when he was a boy.

I write with great diffidence, but it seems to me that there is no unfairness in punishing people for their misfortunes, or rewarding them for their sheer good luck: it is the normal condition of human life that this should be done, and no right-minded person will complain of being subjected to the common treatment. There is no alternative open to us.

It is idle to say that men are not responsible for their misfortunes.

What is responsibility? Surely to be responsible means to be liable to have to give an answer should it be demanded, and all things which live are responsible for their lives and actions should society see fit to question them through the mouth of its authorised agent.

What is the offence of a lamb that we should rear it, and tend it, and lull it into security, for the express purpose of killing it? Its offence is the misfortune of being something which society wants to eat, and which cannot defend itself. This is ample. Who shall limit the right of society except society itself? And what consideration for the individual is tolerable unless society be the gainer thereby? Wherefore should a man be so richly rewarded for having been son to a millionaire, were it not clearly provable that the common welfare is thus better furthered? We cannot seriously detract from a man's merit in having been the son of a rich father without imperilling our own tenure of things which we do not wish to jeopardise; if this were otherwise we should not let him keep his money for a single hour; we would have it ourselves at once. For property is robbery, but then, we are all robbers or would-be robbers together, and have found it essential to organise our thieving, as we have found it necessary to organise our l.u.s.t and our revenge.

Property, marriage, the law; as the bed to the river, so rule and convention to the instinct; and woe to him who tampers with the banks while the flood is flowing.

But to return. Even in England a man on board a ship with yellow fever is held responsible for his mischance, no matter what his being kept in quarantine may cost him. He may catch the fever and die; we cannot help it; he must take his chance as other people do; but surely it would be desperate unkindness to add contumely to our self-protection, unless, indeed, we believe that contumely is one of our best means of self-protection. Again, take the case of maniacs. We say that they are irresponsible for their actions, but we take good care, or ought to take good care, that they shall answer to us for their insanity, and we imprison them in what we call an asylum (that modern sanctuary!) if we do not like their answers. This is a strange kind of irresponsibility. What we ought to say is that we can afford to be satisfied with a less satisfactory answer from a lunatic than from one who is not mad, because lunacy is less infectious than crime.

We kill a serpent if we go in danger by it, simply for being such and such a serpent in such and such a place; but we never say that the serpent has only itself to blame for not having been a harmless creature.

Its crime is that of being the thing which it is: but this is a capital offence, and we are right in killing it out of the way, unless we think it more danger to do so than to let it escape; nevertheless we pity the creature, even though we kill it.

But in the case of him whose trial I have described above, it was impossible that any one in the court should not have known that it was but by an accident of birth and circ.u.mstances that he was not himself also in a consumption; and yet none thought that it disgraced them to hear the judge give vent to the most cruel truisms about him. The judge himself was a kind and thoughtful person. He was a man of magnificent and benign presence. He was evidently of an iron const.i.tution, and his face wore an expression of the maturest wisdom and experience; yet for all this, old and learned as he was, he could not see things which one would have thought would have been apparent even to a child. He could not emanc.i.p.ate himself from, nay, it did not even occur to him to feel, the bondage of the ideas in which he had been born and bred.

So was it also with the jury and bystanders; and--most wonderful of all--so was it even with the prisoner. Throughout he seemed fully impressed with the notion that he was being dealt with justly: he saw nothing wanton in his being told by the judge that he was to be punished, not so much as a necessary protection to society (although this was not entirely lost sight of), as because he had not been better born and bred than he was. But this led me to hope that he suffered less than he would have done if he had seen the matter in the same light that I did. And, after all, justice is relative.

I may here mention that only a few years before my arrival in the country, the treatment of all convicted invalids had been much more barbarous than now, for no physical remedy was provided, and prisoners were put to the severest labour in all sorts of weather, so that most of them soon succ.u.mbed to the extreme hardships which they suffered; this was supposed to be beneficial in some ways, inasmuch as it put the country to less expense for the maintenance of its criminal cla.s.s; but the growth of luxury had induced a relaxation of the old severity, and a sensitive age would no longer tolerate what appeared to be an excess of rigour, even towards the most guilty; moreover, it was found that juries were less willing to convict, and justice was often cheated because there was no alternative between virtually condemning a man to death and letting him go free; it was also held that the country paid in recommittals for its over-severity; for those who had been imprisoned even for trifling ailments were often permanently disabled by their imprisonment; and when a man had been once convicted, it was probable that he would seldom afterwards be off the hands of the country.

These evils had long been apparent and recognised; yet people were too indolent, and too indifferent to suffering not their own, to bestir themselves about putting an end to them, until at last a benevolent reformer devoted his whole life to effecting the necessary changes. He divided all illnesses into three cla.s.ses--those affecting the head, the trunk, and the lower limbs--and obtained an enactment that all diseases of the head, whether internal or external, should be treated with laudanum, those of the body with castor-oil, and those of the lower limbs with an embrocation of strong sulphuric acid and water.

It may be said that the cla.s.sification was not sufficiently careful, and that the remedies were ill chosen; but it is a hard thing to initiate any reform, and it was necessary to familiarise the public mind with the principle, by inserting the thin end of the wedge first: it is not, therefore, to be wondered at that among so practical a people there should still be some room for improvement. The ma.s.s of the nation are well pleased with existing arrangements, and believe that their treatment of criminals leaves little or nothing to be desired; but there is an energetic minority who hold what are considered to be extreme opinions, and who are not at all disposed to rest contented until the principle lately admitted has been carried further.

I was at some pains to discover the opinions of these men, and their reasons for entertaining them. They are held in great odium by the generality of the public, and are considered as subverters of all morality whatever. The malcontents, on the other hand, a.s.sert that illness is the inevitable result of certain antecedent causes, which, in the great majority of cases, were beyond the control of the individual, and that therefore a man is only guilty for being in a consumption in the same way as rotten fruit is guilty for having gone rotten. True, the fruit must be thrown on one side as unfit for man's use, and the man in a consumption must be put in prison for the protection of his fellow-citizens; but these radicals would not punish him further than by loss of liberty and a strict surveillance. So long as he was prevented from injuring society, they would allow him to make himself useful by supplying whatever of society's wants he could supply. If he succeeded in thus earning money, they would have him made as comfortable in prison as possible, and would in no way interfere with his liberty more than was necessary to prevent him from escaping, or from becoming more severely indisposed within the prison walls; but they would deduct from his earnings the expenses of his board, lodging, surveillance, and half those of his conviction. If he was too ill to do anything for his support in prison, they would allow him nothing but bread and water, and very little of that.

They say that society is foolish in refusing to allow itself to be benefited by a man merely because he has done it harm hitherto, and that objection to the labour of the diseased cla.s.ses is only protection in another form. It is an attempt to raise the natural price of a commodity by saying that such and such persons, who are able and willing to produce it, shall not do so, whereby every one has to pay more for it.