Complete works of samuel.., p.240
Complete Works of Samuel Butler, page 240
“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 pass 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 constitution which I can only regard as radically vicious; but yours is no case for compassion: 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 institutions 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 constitution; 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 primordial cell, or perhaps even 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 passing 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 are inclined to do so. I refer to the existence of a class 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.
“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 these wrongs you have done already, and to entirely reform the constitution 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 passed, 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.
MALCONTENTS. (part of chapter xii. of erewhon.)
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 at 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 expedient to organise our thieving, as we have found it to organise our lust and our revenge. Property, marriage, the law; as the bed to the river, so rule and convention to the instinct.
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 dangerous 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 circumstances 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 constitution, 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 emancipate 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 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 succumbed 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 class; 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 overseverity; for those who had been imprisoned even for trifling ailments were often permanently disabled by their imprisonment; and when a man has been once convicted, it was probable he would never afterwards be long 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 illnesses into three classes — 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 classification 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 mass 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.
THE MUSICAL BANKS. (chapter xiv. of erewhon.)
On my return to the drawing-room, I found the ladies were just putting away their work and preparing to go out. I asked them where they were going. They answered with a certain air of reserve that they were going to the bank to get some money.
Now I had already collected that the mercantile affairs of the Erewhonians were conducted on a totally different system from our own; I had however gathered little hitherto, except that they had two distinct commercial systems, of which the one appealed more strongly to the imagination than anything to which we are accustomed in Europe, inasmuch as the banks conducted upon this system were decorated in the most profuse fashion, and all mercantile transactions were accompanied with music, so that they were called musical banks though the music was hideous to a European ear.
As for the system itself I never understood it, neither can I do so now: they have a code in connection with it, which I have no doubt they themselves understand, but no foreigner can hope to do so. One rule runs into and against another as in a most complicated grammar, or as in Chinese pronunciation, wherein I am told the slightest change in accentuation or tone of voice alters the meaning of a whole sentence. Whatever is incoherent in my description must be referred to the fact of my never having attained to a full comprehension of the subject.
So far however as I could collect anything certain, they appeared to have two entirely distinct currencies, each under the control of its own banks and mercantile codes. The one of them (the one with the musical banks) was supposed to be the system, and to give out the currency in which all monetary transactions should be carried on. As far as I could see, all who wished to be considered respectable, did keep a certain amount of this currency at these banks; nevertheless, if there is one thing of which I am more sure than another it is that the amount so kept was but a very small part of their possessions. I think they took the money, put it into the bank, and then drew it out again, repeating the process day by day, and keeping a certain amount of currency for this purpose and no other, while they paid the expenses of the bank with the other coinage. I am sure the managers and cashiers of the musical banks were not paid in their own currency. Mr. Nosnibor used to go to these musical banks, or rather to the great mother bank of the city, sometimes but not very often. He was a pillar of one of the other kind of banks, though he held some minor office also in these. The ladies generally went alone; as indeed was the case in most families, except on some few great annual occasions.
I had long wanted to know more of this strange system, and had the greatest desire to accompany my hostess and her daughters. I had seen them go out almost every morning since my arrival, and had noticed that they carried their purses in their hands, not exactly ostentatiously, yet just so as that those who met them should see whither they were going. I had never yet been asked to go with them myself.
It is not easy to convey a person’s manner by words, and I can hardly give any idea of the peculiar feeling which came upon me whenever I saw the ladies in the hall, with their purses in their hands, and on the point of starting for the bank. There was a something of regret, a something as though they would wish to take me with them, but did not like to ask me, and yet as though I were hardly to ask to be taken. I was determined however to bring matters to an issue with my hostess about my going with them, and after a little parleying and many inquiries as to whether I was perfectly sure that I myself wished to go, it was decided that I might do so.
We passed through several streets of more or less considerable houses, and at last turning round a corner we came upon a large piazza, at the end of which was a magnificent building, of a strange but noble architecture and of great antiquity. It did not open directly on to the piazza, there being a screen, through which was an archway, between the piazza and the actual precincts of the bank. On passing under the archway we found ourselves upon a green sward, round which there ran an arcade or cloister, while in front of us uprose the majestic towers of the bank and its venerable front, which was divided into three deep recesses and adorned with all sorts of marbles and many sculptures. On either side there were beautiful old trees wherein the birds were busy by the hundred, and a number of quaint but substantial houses of singularly comfortable appearance; they were situated in the midst of orchards and gardens, and gave me an impression of great peace and plenty.
Indeed it had been no error to say that this building was one which appealed to the imagination; it did more — it carried both imagination and judgment by storm. It was an epic in stone and marble; neither had I ever seen anything in the least comparable to it. I was completely charmed and melted. I felt more conscious of the existence of a remote past. One knows of this always, but the knowledge is never so living as in the actual presence of some witness to the life of bygone ages. I felt how short a space of human life was the period of our own existence. I was more impressed with my own littleness, and much more inclinable to believe that the people whose sense of the fitness of things was equal to the upraising of so serene a handiwork, were hardly likely to be wrong in the conclusions they might come to upon any subject. My feeling certainly was that the currency of this bank must be the right one.
