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 constitution, 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 lust 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 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 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 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 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 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.

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, assert 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 classes 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.

Besides, so long as a man has not been actually killed he is our

fellow-creature, though perhaps a very unpleasant one. It is in a great

degree the doing of others that he is what he is, or in other words,

the society which now condemns him is partly answerable concerning him.

They say that there is no fear of any increase of disease under these

circumstances; for the loss of liberty, the surveillance, the

considerable and compulsory deduction from the prisoner’s earnings, the

very sparing use of stimulants (of which they would allow but little to

any, and none to those who did not earn them), the enforced celibacy,

and above all, the loss of reputation among friends, are in their

opinion as ample safeguards to society against a general neglect of

health as those now resorted to. A man, therefore, (so they say) should

carry his profession or trade into prison with him if possible; if not,

he must earn his living by the nearest thing to it that he can; but if

he be a gentleman born and bred to no profession, he must pick oakum,

or write art criticisms for a newspaper.

These people say further, that the greater part of the illness which

exists in their country is brought about by the insane manner in which

it is treated.

They believe that illness is in many cases just as curable as the moral

diseases which they see daily cured around them, but that a great

reform is impossible till men learn to take a juster view of what

physical obliquity proceeds from. Men will hide their illnesses as long

as they are scouted on its becoming known that they are ill; it is the

scouting, not the physic, which produces the concealment; and if a man

felt that the news of his being in ill-health would be received by his

neighbours as a deplorable fact, but one as much the result of

necessary antecedent causes as though he had broken into a jeweller’s

shop and stolen a valuable diamond necklace—as a fact which might just

as easily have happened to themselves, only that they had the luck to

be better born or reared; and if they also felt that they would not be

made more uncomfortable in the prison than the protection of society

against infection and the proper treatment of their own disease

actually demanded, men would give themselves up to the police as

readily on perceiving that they had taken small-pox, as they go now to

the straightener when they feel that they are on the point of forging a

will, or running away with somebody else’s wife.

But the main argument on which they rely is that of economy: for they

know that they will sooner gain their end by appealing to men’s

pockets, in which they have generally something of their own, than to

their heads, which contain for the most part little but borrowed or

stolen property; and also, they believe it to be the readiest test and

the one which has most to show for itself. If a course of conduct can

be shown to cost a country less, and this by no dishonourable saving

and with no indirectly increased expenditure in other ways, they hold

that it requires a good deal to upset the arguments in favour of its

being adopted, and whether rightly or wrongly I cannot pretend to say,

they think that the more medicinal and humane treatment of the diseased

of which they are the advocates would in the long run be much cheaper

to the country: but I did not gather that these reformers were opposed

to meeting some of the more violent forms of illness with the

cat-of-nine-tails, or with death; for they saw no so effectual way of

checking them; they would therefore both flog and hang, but they would

do so pitifully.

I have perhaps dwelt too long upon opinions which can have no possible

bearing upon our own, but I have not said the tenth part of what these

would-be reformers urged upon me. I feel, however, that I have

sufficiently trespassed upon the attention of the reader.

Erewhon; Or, Over the Range · 第 12 / 28 章