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
