CHAPTER II.

CLIMATE AND CRIME.

Man's existence depends upon physical surroundings; these surroundings

have exercised an immense influence in modifying his organism, in

shaping his social development, in moulding his character. To enumerate

all the external factors operating upon individual and social life is

outside our present purpose, but they may be briefly summed up as

climate, moisture, soil, the configuration of the earth's surface, and

the nature of its products. These natural phenomena, either singly or

in varying degrees of combination, have unquestionably played a most

prominent part in making the different races of mankind what they at

present are. We have only to look at the low type of life exhibited by

the primitive inhabitants of certain inhospitable regions of the globe

to see how profoundly the physical structure of man is affected by his

natural surroundings. Even a comparatively slight difference of

environment is not without effect upon the population subjected to its

influence. According to M. de Quatrefages, the bodily structure of the

English race has been distinctly modified by residence in the United

States of America. It is not more than two and a half centuries since

Englishmen began to emigrate in any considerable numbers to the

American Continent, but in that comparatively short period the

Anglo-American has ceased to resemble his ancestors in physical

appearance. Alterations have taken place in the skin, the hair, the

neck, and the head; the lower jaw has become bigger; the bones of the

arms and legs have lengthened, and the American of to-day requires a

different kind of glove from the Englishman. Structural changes of a

similar character have taken place in the negroes transplanted to

America. M. Elisée Reclus considers that in a century and a half they

have traversed a good quarter of the distance which separates them from

the whites. Another important point, as showing the influence of

habitat upon race, is the fact that the modifications of human

structure resulting from residence in America are in the direction of

assimilating the European type to that of the red man.[11] In short, it

may be taken as a well-established principle that external nature

destroys all organisms that cannot adapt themselves to its action, and

physiologically modifies all organisms that can.

[11] The various types of Jews also afford a striking instance of

the effect of natural surroundings on bodily structure.

The social condition of mankind is also profoundly affected by climatic

and other external circumstances. The intense cold of the Arctic and

Antarctic regions is fatal to anything approaching a developed form of

civilisation. Intense heat, on the other hand, although not

incompatible with a certain degree of progress, is unfavourable to its

permanence;[12] the extinct societies of the tropics, such as Cambodia,

Mexico and Peru, affording instances of the operation of this law. It

is impossible for man to get beyond the nomad state in the vast deserts

of Northern Africa; and the extreme moisture of the atmosphere in other

portions of the same continent puts an effectual check on anything like

social advance. In some parts of the world social development has been

hindered by external circumstances of another character, such as the

want of wood, the scarcity of animals, the absence of edible fruits. In

fact, it is only within a comparatively temperate zone that human

society has been able permanently to assume highly complex forms and to

build itself up on an extensive scale. In this zone, climate, while

favouring man up to a certain point, has at the same time compelled him

to eat bread in the sweat of his brow. It has compelled him to enter

into conflict with natural obstacles, the result of which has been to

call forth his powers of industry, of energy, of self-reliance, and to

sharpen his intellectual faculties generally. In addition to exercising

and strengthening these personal attributes, the climatic influences of

what has been called the zone of civilisation have brought man's social

characteristics more fully and elaborately into play. The nature of

these influences has forced him to cooperate more or less closely with

his fellows; while each step in the path of cooperation has involved

him in another of a more complex kind. The growth of social cooperation

is not necessarily accompanied by a corresponding development of the

moral sentiments; increased cooperation in some cases involving a

distinct ethical loss. In many directions, however, highly organised

societies tend to evolve loftier types of morality; and it is in

harmony with the facts to say that the highest moral types are not to

be found where nature does most or where it does least in the way of

providing food and shelter for man.

[12] Ratzel. _Völkerkunde_, i. 20.

It is also interesting to observe the effect which climate, through the

agency of religion, has had upon human conduct. One of the main factors

in the origin of religion is the feeling of dependence upon nature so

strongly manifested in all primitive forms of faith. The outcome of

this feeling of dependence was to exalt the forces of nature into

divinities, and man's conception of these divinities, shaped as it was

by the attitude of nature around him, had an incalculable influence on

his life and actions. The remains of this influence are still visible

in the aesthetic effects which the forces and operations of nature

produce on civilised man; in all other respects it has to a large

extent passed away.[13]

[13] Darwin says that in elaborating his theory of Natural

Selection he attributed too little to external surroundings.

_Life and Letters_.

We have now touched upon most of the ways in which external

surroundings have had a hand in shaping the course of human life in the

past; it will be our next business to inquire whether these

surroundings have any effect upon human conduct at the present day, and

especially upon those manifestations of conduct which are known as

crimes. That they still have an effect is an opinion which has long

been entertained.

Going back to the ancient Greeks, we find Hippocrates holding that all

regions liable to violent changes of climate produced men of fierce,

impetuous and stubborn disposition. "In approaching southern

countries," says Montesquieu, "one would believe that morality was

being left behind; more ardent passions multiply crimes; each tries to

gain from others all the advantages which can minister to these

passions." Buckle believes that the interruption of work caused by

instability of climate leads to instability of character. In analysing

the contents of French statistics, Quetelet,[14] while admitting that

other causes may neutralise the action of climate, proceeds to say that

the "number of crimes against property relatively to the number of

crimes against the person increases considerably as we advance towards

the north." Another eminent student of French criminal statistics, M.

Tarde, comes to very much the same conclusions as Quetelet; he admits

that a high temperature does exercise an indirect influence on the

criminal passions. But the most exhaustive investigations in this

problem have been undertaken in Italy, by Signor Enrico Ferri. After a

thorough examination of French judicial statistics for a series of

years, Ferri arrives at the conclusion that a maximum of crimes against

the person is reached in the hot months, while, on the other hand,

crimes against property come to a climax in the winter.[15]

[14] _Physique Sociale_, ii. 282.

[15] _Zeitschrift für Strafrechtswissenschaft_, ii., 486.

In testing these opinions respecting the influence of climate upon

crime, we are obliged, to some extent, to have recourse to

international statistics. But these statistics, as has already been

pointed out, owing to the diversity of customs, laws, criminal

procedure, and so on, do not easily admit of comparison. So much is

this the case that we shall not make the attempt as far as these

statistics have reference to crimes against property. In this field no

satisfactory result can, at present be obtained. The same remark holds

good in relation to all offences against the person, with the exception

of homicide. This, undoubtedly, in an important exception; and it

arises from the fact that there is a greater consensus of opinion among

civilised communities respecting the gravity of homicide than exists

with regard to any other form of crime. Murder in all its degrees is a

crime which immediately causes a profound commotion; it is easy to

recognise; it is more likely than any other offence to come to the ears

of the authorities. For these reasons this crime lends itself most

readily to international comparison; nevertheless, differences of

judicial procedure, legal nomenclature, and different methods of

classification stand in the way of making the comparison absolutely

accurate. These differences, however, are not so great as to render

comparison impossible or worthless; on the contrary, the results of

such a comparison are of exceptional value, and go a long way to

determine the question of the effect of climate upon crimes of blood.

Assuming, then, with these reservations, that such a comparison can be

instituted, let us see to what extent murder, in the widest sense of

the word, including wilful murder, manslaughter, and infanticide,

prevails in the various countries of Europe. In ordinary circumstances

this task would be a laborious one, entailing a minute and careful

examination of the criminal statistics and procedure of many nations.

Fortunately, it has recently been accomplished by Dr. Bosco in an

admirable monograph communicated in the first instance to the Journal

of the International Statistical Institute, but now published in a

separate form. Bosco's figures have all been taken from official

sources, and may, therefore, be accepted as accurate; but, before

tabulating-them, it may be useful to make an extract from the

explanatory note by which they are accompanied. "As the composition of

the population, with respect to age, varies in different countries, and

as it has to be remembered that all the population under ten years of

age has no share, at least under normal conditions, in the crime of

murder, it has seemed to me a more exact method to calculate the

proportion of murders to the inhabitants who are over ten years of age,

than to include the total population. For those States where a census

has been recently taken, such, for instance, as France and Germany, the

results of that census have been used; that is to say, the French

census of May, 1886, and the German census of December, 1885. For the

other States the population has been calculated (adding the excess of

births over deaths to the results of the last census) to the end of the

intermediate year for each period of years to which the information

relates; that is to say, to the end of 1883 for Belgium, and to the end

of 1884 for Austria, Hungary, Spain, England, Scotland and Ireland. As

the information respecting Italy refers to 1887 only, the population

has been estimated up to the end of that year. The division of the

population according to age (above and below ten) has been obtained by

means of proportional calculations based on the results of the census

for each State. In the case of France and Germany, however, it has been

taken directly from the census returns."[16]

Homicides of all kinds in the following European States:--

---------------------------------------------------------------------

Tried. Convicted.

Population Annual Per Annual Per

Countries. over ten. Years. average 100,000 average 100,000

inhabitants. inhabitants.

---------------------------------------------------------------------

Italy 23,408,277 1887 3,606 15.40 2,805 11.98

Austria 17,199,237 1883-6 689 4.01 499 2.90

France 31,044,370 1882-6 847 2.73 580 1.87

Belgium 4,377,813 1881-5 132 3.02 101 2.31

England 19,898,053 1882-6 318 1.60 151 0.76

Ireland 3,854,588 1882-6 129 3.35 54 1.40

Scotland 2,841,941 1882-6 60 2.11 21 0.74

Spain 13,300,839 1883-6 1,584 11.91 1,085 8.18

Hungary 10,821,558 1882-6 625 5.78

Holland 3,172,464 1882-6 35 1.10 28 0.88

Germany 35,278,742 1882-6 567 1.61 476 1.35

---------------------------------------------------------------------

[16] _Gli omicidii in alcuni stati d'Europa. Appunti di statistica

comparata del Dr A. Bosco_, 1889.

What is the import of these statistics? We perceive at once that

Italy, Spain and Hungary head the list in the proportion of murders to

the population. In Italy, out of every 100,000 persons over ten years

of age, eleven in round numbers are annually convicted of murder in

one or other of its forms; in Spain eight are convicted of the same

offence, and in Hungary five are convicted. These three countries are

conspicuously ahead of all the others to which our table refers.

Austria and Belgium follow at a long distance with two convictions in

round numbers to every 100,000 inhabitants over ten. France, Ireland

and Germany come next with one conviction and a considerable fraction

to every 100,000 persons over ten; England, Scotland and Holland stand

at the bottom of the list with between seven and eight persons

convicted of murder to every one million of inhabitants over ten.

In order to understand the full meaning of these figures we must take

one more stop and compare the numbers convicted with the numbers

tried. In some countries very few convictions may take place in

proportion to the number accused, while in other countries the

proportion may be very considerable. In other words, in order to

arrive at an approximate estimate of the amount of murders perpetrated

in a country, we must consider how many cases of murder have been

tried in the course of the year. It very seldom happens that a person

is tried for this offence when no murder has been committed; and it

may, therefore, be assumed that the crime has taken place when a man

haw to stand his trial for it. Estimating then the prevalence of

murder in the various countries by trials, rather than convictions,

it will be found that Germany, with a much larger percentage of

convictions than England, has just as few cases of murder for trial.

And the reason the number of convictions, as between the two nations,

differs, arises from the fact that a prisoner's chance of acquittal in

England is a hundred per cent. greater than it is in Germany. It is

not, therefore, accurate to assume that a greater number of murders

are committed in Germany than in England because a greater number

of persons are annually convicted of this crime; all that these

convictions absolutely prove is, that the machinery of the criminal

law is more effective in the one country than in the other. To take

another instance, more persons are annually tried for murder in

Ireland than in France; but more cases of conviction are recorded in

France than in Ireland. These contrasts show that, while the French

are less addicted to this grave offence than the Irish, they are more

anxious to secure its detection, and that a greater body of public

opinion is on the side of law in France than in Ireland. All these

instances (and more could easily be added to them) are intended to

call attention to the importance of looking at the number of persons

tried, as well as the percentage of persons convicted, if we desire to

form an accurate estimate of the comparative prevalence of crime.

While thus showing that the number of trials for murder is the best

test of the prevalence of this offence, it is not meant that the test

is in all respects indisputable. At most it is merely approximate. One

obstacle in the way of its entire accuracy consists in the circumstance

that the proportion of persons tried, as compared with the amount of

crime committed, is in no two countries precisely the same. In France,

for instance, more murders are perpetrated, for which no one is

ultimately tried, than in Italy or in England; that is to say, a

murderer runs more risk of being placed in the dock in this country

than in France. But the difference between the two countries is again

to a great extent adjusted by the fact that once a man is placed in

the dock in France he has far less chance of being acquitted than if

he were tried according to English law. On the whole, therefore, it

may be assumed that the international statistics of trials, corrected

when necessary by the international statistics of convictions, present

a tolerably accurate idea of the extent to which the crime of murder

prevails among the nationalities of Europe. In any case these figures

will go some way towards helping us to see whether climatic conditions

have any influence upon the amount of crime. This we shall now inquire

into.

On looking at the isotherms for the year it will be observed that the

average temperature of Italy and Spain is ten degrees higher than

the average temperature of England. On the other hand, the average

temperature of Hungary is very much the same as the average temperature

of this country; but Hungary is at the same time exposed to much

greater extremes of climate than England. In winter it is nearly ten

degrees colder than England, while in summer it is as hot as Spain.

The advocates of the direct effect of climate upon crime contend that

account must be taken not merely of the degree of temperature, but

also of the variations of temperature to which a region is exposed.

According to this theory one of the principal reasons the crime of

murder is, at least, fourfold higher in Hungary than in England, is to

be found in the violent oscillations of temperature in Hungary as

compared with England. In Italy murders are, at least, ten times as

numerous as in England; in Spain they are seven times as numerous; the

chief cause of this condition of things is said to be the serious

difference of temperature. In the United States of America there are

more crimes of blood in the South than in the North; the main

explanation of this difference is said to be that the climate of the

South is much hotter than the climate of the North.

In opposition to this theory of the intimate relation between

temperature and crime, it may be urged that the greater prevalence of

crimes of blood in hot latitudes is a mere coincidence and not a

causal connection. This is the view taken by Dr. Mischler in Baron von

Holtzendorff's "Handbuch des Gefängnisswesens." He says the real

reason crimes of blood are more common in the South of Europe than in

the North is to be attributed to the more backward state of

civilisation in the South, and to the wild and mountainous character

of the country. To the latter part of this argument it is easy to

reply that Scotland is quite as mountainous as Italy, and yet its

inhabitants are far less addicted to crimes against the person. But it

is more civilised, for, as M. Tarde ingeniously contends, the bent of

civilisation at present is to travel northward. Admitting for a moment

that Scotland is more civilised than Spain or Italy, all savage

tribes, on the other hand, are confessedly less advanced in the arts

of life than these two peninsulas. But, for all that, many of these

savage peoples are much less criminal. "I have lived," says Mr.

Russell Wallace, "with communities of savages in South America and in

the East who have no laws or law courts, but the public opinion of the

village freely expressed. Each man scrupulously respects the rights of

his fellows, and any infraction of these rights rarely or never takes

place." Mr. Herbert Spencer also quotes innumerable instances of the

kindness, mildness, honesty, and respect for person and property of

uncivilised peoples. M. de Quatrefages, in summing up the ethical

characteristics of the various races of mankind, comes to the

conclusion that from a moral point of view the white man is hardly any

better than the black. Civilisation so far has unfortunately generated

almost as many vices as it has virtues, and he is a bold man who will

say that its growth has diminished the amount of crime. It is very

difficult then to accept the view that the frequency of murder in

Spain and Italy is entirely due to a lack of civilisation.

Nor can it be said to be entirely due to economic distress. A

condition of social misery has undoubtedly something to do with the

production of crime. In countries where there is much wealth side by

side with much misery, as in France and England, adverse social

circumstances drive a certain portion of the community into criminal

courses. But where this great inequality of social conditions does not

exist--where all are poor as in Ireland or Italy--poverty alone is not

a weighty factor in ordinary crime. In Ireland, for example, there in

almost as much poverty as exists in Italy, and if the amount of crime

were determined by economic circumstances alone, Ireland ought to have

as black a record as her southern sister. Instead of that she is on

the whole as free from crime as the most prosperous countries of

Europe. In the face of these facts it is impossible to say that the

high rate of crime in Italy and Spain is to be wholly accounted for by

the pressure of economic adversity.

Will not difference of race suffice to account for it? Is it not the

case that some races are inherently more prone to crime than others?

In India, for instance, where the great mass of the population is

singularly law-abiding, a portion of the aboriginal inhabitants have

from time immemorial lived by plunder and crime. "When a man tells

you," says an official report, quoted by Sir John Strachey, "that he

is a Badhak, or a Kanjar, or a Sonoria, he tells you what few

Europeans ever thoroughly realise, that he, an offender against the

law, has been so from the beginning and will be so to the end; that

reform is impossible, for it is his trade, his caste--I may almost say

his religion--to commit crime." It is not poverty which makes many of

these predatory races criminals. Speaking of the Mina tribe inhabiting

one of the frontier districts of the Punjab, Sir John Strachey says:

"Their sole occupation is, and always has been, plunder in the native

States and in distant parts of British India; they give no trouble at

home, and, judging from criminal statistics, it would be supposed that

they were an honest community. They live amid abundance, in

substantial houses with numerous cattle, fine clothes and jewels, and

fleet camels to carry off their plunder." Special laws have been made

for dealing with these tribes; a register of their numbers is kept;

they can be compelled to live within certain local limits, but in

spite of these coercive measures crime is not suppressed, and "a long

time must elapse before we see the end of the criminal tribes of

India."

Coming back to European peoples, it is worthy of note that both

Hungary and Finland are inhabited by the same race. These two

countries are separated by about fifteen degrees of latitude, but in

the matter of murder the people of Finland are much more nearly allied

to the Hungarians than to their immediate neighbours, the Swedes and

Norwegians. The Finns commit about twice as many murders in proportion

to the population as the Teutons of Scandinavia, but only about half

as many as the Hungarians; and it is not improbable to suppose that

while the effect of race makes them more murderous than the

Scandinavians, the effect of climate makes them less murderous than

the inhabitants of Hungary.

Before bringing forward any additional material on one side or the

other, let us pause for a moment to consider the results which have

just been obtained as to the effect of race as compared with climate

upon crime. In India we have found an Aryan and a non-Aryan population

living together under the same climatic influences, and very much the

same social conditions, and we have seen that the Aborigines are more

criminally disposed than the Aryan invaders. Again we have a Mongolian

race living in the far North of Europe, and we find that they show a

larger percentage of homicidal crime than the Teutonic inhabitants

who live in the same latitudes. In Hungary, where the Mongoloid type

is once more met with, the same facts are substantially reproduced;

this type is more homicidal than the Austrian Teutons living under a

similar climate. While these facts point to the conclusion that race

has apparently some influence on the amount of crime, they fail to

show that race characteristics alone are sufficient to explain the

differences in criminality between the same peoples when settled in

different quarters of the globe. The Mongoloid type in Finland is

less criminal than the same type in Hungary, and the Teutonic type

in Scandinavia is less murderously disposed than the same type in

the empire of Austria. It has also been pointed out that the

Anglo-American of the Northern States is more law abiding than his

brother by race in the South, while both are more murderous than the

inhabitants of the United Kingdom; where extremes of climate are not

so great.

With these facts before us we shall now institute another comparison

between two widely separated branches of the Anglo-Saxon race, namely,

the colonists of Australia and the people of the motherland. Of the

Australian colonists it is not incorrect to say that they are, on the

whole, the pick of the home population. It is perfectly true that a

certain proportion of the ne'er-do-wells have emigrated to Australia,

and some of them, no doubt, help to swell the normal criminal

population of the colonies. But, on the other hand, Australia has this

advantage, that the average colonist who seeks a home beyond our

shores is generally a superior man to the average citizen who remains

at home; he is more steady, more enterprising, more industrious. In

this way the balance is adjusted in favour of the colonies. It is a

great deal more than redressed if the superior, social, and economic

conditions, under which the colonists live, are also placed in the

scale. In his "Problems of Greater Britain," Sir Charles Dilke has

shown, with admirable clearness, what immense advantages are enjoyed

by the working population of Australia as compared with the same class

at home; so much is this the case that the Australian colonies have

been not inaptly called the paradise of the working man. Here then is

an excellent opportunity for comparing the effects of climate upon

crime. In Australia we have a people of the same race as ourselves,

better off economically, living under essentially the same laws and

governed in practically the same spirit. Almost the only difference

between the inhabitants of the United Kingdom and the communities of

Australia is a difference of climate. Does this difference manifest

itself in the statistics of crime? In order to test the matter we

shall exclude the colony of New South Wales from our calculations. For

its size New South Wales is the richest community in the world, and

its riches are well distributed among all classes of the population.

But it was at one time a penal settlement, and it is possible that the

criminal statistics of the colony are still inflated by that remote

cause. The sister colony of Victoria stands upon a different footing

and is free from that disturbing factor; we shall therefore select

that colony as a normal type of the Australian group. In Part V.I.I.

of the Statistical Register of the colony of Victoria for 1887, there

is an excellent summary of the position of the colony with respect to

crime. The admirable manner in which these judicial statistics are

arranged, reflects the highest credit on the colonial authorities; for

fulness of information and clearness of arrangement they are not

surpassed by any similar statistics in the world. As homicide is the

crime on which we have hitherto based our international comparisons,

we shall, for the present, confine our attention to the Victorian

statistics of this offence.

---------------------------------------------------------------------

Countries|Population|Years.| Tried | Convicted

| over Ten.| | Annual Per | Annual Per

| | |Average 100,000 |Average 100,000

| | | Inhabitants.| Inhabitants.

---------------------------------------------------------------------

Victoria | 581,838|1882-6| 22 3.2 | 14 2.5

United

Kingdom |26,594,582|1882-6| 505 2.35 | 226 .96

---------------------------------------------------------------------

Before proceeding to analysis the contents of this table, it will be

as well to explain the method on which it has been constructed, and

the sources from which it is derived. The population of Victoria, over

ten years of age, has been calculated according to the Victorian

census for 1881, as contained in Part II. of the Victorian Statistical

Register. In order to make the Victorian table harmonise in all

particulars with Dr. Bosco's table for England, Scotland, and Ireland,

the excess of births over deaths has been calculated up to the end of

1884. The United Kingdom, it will be seen, has been selected as the

measure of comparison with the colony of Victoria. This selection has

been made on the ground that the colony of Victoria is not composed of

the inhabitants of any one of the three kingdoms, but contains a

mixture of them all. It will also be observed that the homicidal crime

of each of the three kingdoms differs from the other, but this is a

consideration which we shall not further comment upon at present.

After these preliminary explanations we are now in a position to

examine the contents of our statistical table in its bearing upon

crimes of blood. It will now be possible to see what light the criminal

statistics of Victoria, as compared with the criminal statistics of the

United Kingdom, throw upon these crimes; and the disturbing factor of

race being eliminated, what is the influence of climate pure and simple

upon them. According to the isotherms for the year the Victorians live

in an atmosphere between eight and ten degrees hotter than our own.

Side by side with this additional heat, there is, as compared with

the United Kingdom, an additional amount of crime. In the colony of

Victoria, in proportion to every 100,000 inhabitants over ten years of

age, there are nearly one-third more murders annually than in the

United Kingdom. On what ground is this considerable increase of

homicide to be accounted for, except on the ground of climate? The

higher percentage is not caused by difference of race; it is not

caused by worse economic conditions--these conditions are much

superior to our own--the meaning of the figures is not obscured by any

material differences of legal procedure or legal nomenclature. It

cannot be urged that the Victorian population are the dregs of the

home population; the very opposite is the fact. The bad characters who

emigrate are the only disturbing element; but, after all, these men

are not so numerous, and the evil effects of their presence is

counterbalanced by the superiority of the average colonist to the

average citizen who remains at home. It may be said that there is

greater difficulty in detecting crime in a new colony than in an old

and settled country. As applied to some colonies it is possible this

objection may be sound, but, as applied to Victoria, it will not hold

good. In Victoria the police are much more effective than they are at

home, and a criminal has much less chance of going unpunished there

than he has in England. In Victoria in the year 1887, out of a total

of 40,693 cases reported to the police, 34,473 were brought up for

trial. In England, on the other hand, out of a total of 42,391

indictable offences reported to the police in 1886-7, only 19,045

persons were apprehended. The Victorian figures include offences of

all kinds, petty as well as indictable, whereas the English figures

deal with indictable offences only. But admitting this, and admitting

that it is more difficult to arrest indictable offenders, this

difficulty is not so great as to explain away the vast difference in

the numbers apprehended in Victoria as compared with the numbers

apprehended in England. Only one conclusion can be drawn from these

figures, and it is that the Victorian constabulary are more efficient

than our own, and that it is a more dangerous thing for a person to

break the law in the young colony of Victoria than in the old

community at home.

It seems to me that the points of comparison between the United

Kingdom and Victoria, in so far as they have any bearing upon crime,

have now been exhausted; on almost every one of these points Victoria

stands in a more favourable position than ourselves. The colony has,

on the whole, a better kind of citizen; it has superior social and

economic conditions; it has a far more effective system of police. On

what possible ground, then, is it, except the ground of climate, that

the Victorians are more addicted to homicide than the people of the

United Kingdom? I admit it would be rash to assert that climate is the

cause if our own and the Victorian statistics were the only documents

to which we could appeal; it would be rash to draw such a sweeping

conclusion from so isolated a basis. But when we know that the

Victorian statistics are only one set of documents among many, and

that all these sets of documents point to the operation of the same

law, the case assumes an entirely different complexion. The results of

the Victorian statistics harmonise with the conclusions already

reached from a comparison of the criminal statistics of Europe and

America. These conclusions in turn are powerfully reinforced by the

experience of Australia. In fact, the whole body of evidence, from

whatever quarter it is collected, points with remarkable unanimity to

the conviction that, as far as European peoples and their offshoots

are concerned, climate alone is no inconsiderable factor in

determining the course of human conduct.

Yet the evil influence of climate, mischievous as it is at present, is

not to be looked upon and acquiesced in as an irrevocable fatality. At

first sight it would seem as if the human race could not possibly

escape the malevolent action of cosmical influences over which it has

little or no control. The rise and fall of temperature, its rage and

intensity, is one of these influences, and yet its pernicious offsets

are capable of being held to a large extent in check. As far as bodily

comfort is concerned, it is marvellous to consider the innumerable

methods and devices the progressive races of mankind have invented to

protect themselves against the hostility of the elements by which they

are surrounded. In fact, an important part of the history of the race

consists in the ceaseless efforts it has been making to improve upon

and perfect these methods and devices. We have only to compare the

rude hut of the savage with the modern dwelling of the civilised man

in order to see to what extent we can shield ourselves from the

elemental forces in the midst of which we have to live. We have only

to mark the difference between the miserable and scanty garments of

the natives of Terra del Fuego and the attire of the Englishman of

to-day to see what can be done by man in the way of rescuing himself

from the inclemencies of Nature. If these conquests can be achieved

where our physical existence is in peril, there can be little reason

to doubt that advances of a similar nature can be made in the moral

order as soon as man comes to feel equally conscious of their

necessity. As a matter of fact, in some quarters of the world these

advances have already in some measure been made. In the vast peninsula

of India the structure of society is so constituted that the evil

effect of climate in producing crimes of blood has been marvellously

neutralised. It hardly admits of dispute that the caste system on

which Indian society is based is, on the whole, one of the most

wonderful instruments for the prevention of crimes of violence the

world has ever seen. The average temperature of the Indian peninsula

is about thirty degrees higher than the average temperature of the

British Isles, and if there were no counteracting forces at work,

crimes of violence in India should be much more numerous than they are

with us. But the counteracting forces acting upon Indian society are

of such immense potency that the malign influences of climate are very

nearly annihilated as far as the crimes we are now discussing are

concerned; and India stands to-day in the proud position of being more

free from crimes against the person than the most highly civilised

countries of Europe. In proof of this fact we have only to look at the

official documents annually issued respecting the condition of British

India. According to the returns contained in the Statistical Abstract

relating to British India and the Parliamentary paper exhibiting its

moral and material progress, the number of murders reported to the

police of India is smaller than the number reported in any European

State. The Indian Government issue no statistics, so far as I am

aware, of the numbers tried; it is, therefore, impossible to institute

any comparison between Europe and India upon this important point. But

when we come to the number convicted it is again found that India

presents a lower percentage of convictions for murder than is to be

met with among any other people. It may, however, be urged that the

statistical records respecting Indian crime are not so carefully kept

as the statistics of a like character relating to England and the

Continent. Sir John Strachey assures us that this is not the case; he

says that these statistics are as carefully collected and tabulated in

India as they are at home, and we may accept them as worthy of the

utmost confidence. The following table, which I have prepared from the

official documents already mentioned, may, therefore, be taken as

giving an accurate account of the condition of India between 1882-6,

as far as the most serious of all crimes is concerned. In order to

facilitate comparison I have drawn it up as far as possible on the

same lines as the other tables in this chapter.

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|Population |Years.| Cases of Homicide.

| over Ten. | | Reported. Convicted.

| -----------------------------------------

| | |Annual |Per |Annual |Per

| | |Average.|100,000 |Average.|100,000

| | | |Inhabitants.| |Inhabitants.

India|148,543,223|1882-6| 1,930 | 1.31 | 690 | .46

---------------------------------------------------------------------

According to this table, the remarkable fact is established that the

number of cases of homicide in India committed by persons over ten

years of age and reported to the police is smaller per 100,000

inhabitants than the number of cases of the same nature brought up for

trial in England. In order to appreciate the full importance of this

difference it has to be remembered that in England a great number of

cases of homicide are reported to the police, for which no one is

apprehended or brought to trial. In the case of the notorious

Whitechapel murders which horrified the country a year or two ago no

one was ever brought to trial, hardly any one was arrested or

seriously suspected. These crimes and many others like them materially

augment the number of homicides reported to the police, but they never

figure among the cases annually brought for trial before assizes. As a

matter of fact, no one is ever tried in more than one half of the

cases of homicide reported to the police in the course of the year. In

the year 1888, for instance, 403 cases of homicide were reported to

the police in England and Wales; but in connection with all these

cases only 196 persons were committed for trial. In short, double the

number of homicides are committed as compared with the number of

persons tried; and if a comparison is established between India and

England on the basis of homicides reported to the police, the outcome

of such a comparison will be to show that there are annually more than

twice as many murders committed per one hundred thousand inhabitants

over the age of ten in England than there are in India.

An objection may be taken to these figures on the ground that the

crime of infanticide is much more prevalent to India than it is in

England, and that the perpetrators of this crime are much less

frequently brought to justice in the former country than with us. That

objection is to some extent valid; at the same time it is well to

remember that infanticide in India is an offence of a very special and

peculiar character; the motives from which it springs are not what is

usually understood as criminal; these motives arise from religious

usage and immemorial custom; in short, it is English law and not the

Indian conscience which makes infanticide a crime. Of course, the

practice of infanticide is a proof that the Hindu mind has not the

same high conception of the value of infant life as one finds in the

western world, and in that respect India stands on an inferior moral

level to ourselves. But with the exception of infanticide (and it is

necessary to except it for the reasons I have just alleged) India has

not half as many homicides annually as England.[17]

[17] For the high percentage of infanticide in England see the

evidence given before the House of Lords last July (1890) by

Judges Day and Wills.

To what cause is this vast difference in favour of India to be

attributed? It is hardly probable that the difference is produced to

any appreciable extent, if at all, by the nature of the food used by

the people of India. If it were correct that a vegetable diet, such as

is almost exclusively used by the inhabitants of India, had a salutary

effect on the conduct of the population, we should witness the results

of it, not only in the Indian peninsula, but also in other quarters of

the world. The nature of the food consumed by the Italians bears a

very close resemblance in its essential constituents to the dietary of

the inhabitants of India; in both cases it is almost entirely composed

of vegetable products. If vegetable, as contrasted with animal food,

exercised a beneficial influence on human conduct; if it tended, for

example, to restrain the passions, to minimise the brute instincts,

some indisputable proof of this would be certain to show itself in the

criminal statistics of Italy. As a matter of fact, no such proof

exists. On the contrary, Italy is, of all countries within the pale of

civilisation, the one most notorious for crimes of blood. In the face

of this truth, it is impossible to believe that a vegetable diet has

anything to do either with producing or preventing crime, and the

contention that the wonderful immunity of India from offences against

the person is owing to the food used by the inhabitants must be looked

upon as without foundation.

The peculiar structure of society is unquestionably the most satisfactory

explanation of the high position occupied by the inhabitants of India

with respect to crime. The social edifice which a people builds for

itself is among all civilised communities a highly complex product, and

consists of a great agglomeration of diverse materials. These materials

are partly drawn from the primitive characteristics of the race; they

are partly borrowings from other and contiguous races; they are to a

considerable extent derived from natural surroundings of all kinds;

and in all circumstances they are supplemented by the genius of

individuals. In short, all social structures, when looked at minutely,

are found to be composed of two main ingredients--race and environment;

but these two ingredients are so indissolubly interfused that it is

impossible to say how much is to be attributed to the one, and how much

to the other, in the building up of a society. But if, it is impossible

to estimate the value of the several elements composing the fabric

of society, it is easy to ascertain the dominating idea on which all

forms of society are based. That dominating idea, if it may for the

moment be called such, is the instinct of self-preservation, and it

exercises just as great a power in determining the formation and play

of the social organism as it exercises in determining the attitude of

the individual to the world around him. In working out the idea of

self-preservation into practical forms, the social system of most

peoples has hitherto been built up with a view to protection against

external enemies in the shape of hostile tribes and nations; the

internal enemies of the commonwealth--the thieves, the housebreakers,

the disturbers of public order, the shedders of blood, the perpetrators

of violence--have been treated as only worthy of secondary consideration.

Such are the lines on which social structure has, in most cases,

proceeded, with the result that while external security was for long

periods assured, internal security remained as imperfect and defective

as ever.

The structure of society in India is, however, an exception to the

general rule. External security, or, in other words, the desire for

political freedom has, to a great extent, become extinct wherever the

principles of Brahmanism have succeeded in taking root.

These principles have been operating upon the Indian mind for thousands

of years; their effect in the sphere of politics excited the wonder of

the ancient Greeks, who tell us that the Indian peasant might be seen

tilling his field in peace between hostile armies preparing for battle.

A similar spectacle has been seen on the plains of India in modern

times. But Brahmanism, while extinguishing the principle of liberty in

all its branches, and exposing its adherents to the mercy of every

conqueror, has succeeded, through the caste system, in bringing

internal order, security, and peace to a high pitch of excellence. This

end, the caste system, like most other religious institutions, did not

and does not have directly in view; but the human race often takes

circuitous routes to attain its ends, and while apparently aiming at

one object, is in reality securing another. The permanent forces

operating in society often possess a very different character from

those on the surface, and when the complicated network in which they

are always wrapped up is stripped from off them, we find that they are

some fundamental human instincts at work in disguise.

These observations are applicable to the caste system. This system,

when divested of its externals, besides being an attempt to satisfy

the mystic and emotional elements in the Indian heart, also represents

the genius of the race engaged in the task of self-preservation. The

manner in which caste exercises this function in thus described by Sir

William Hunter in His volume on the Indian Empire. "Caste or guild,"

he says, "exercises a surveillance over each of its members from the

close of childhood until death. If a man behaves well, he will rise to

an honoured place in his caste; and the desire for such local

distinctions exercises an important influence in the life of a Hindu.

But the caste has its punishments as well as its rewards. Those

punishments consist of fine and excommunication. The fine usually

takes the form of a compulsory feast to the male members of the caste.

This is the ordinary means of purification, or of making amends for

breaches of the caste code. Excommunication inflicts three penalties:

First, an interdict against eating with the fellow members of the

caste; second, an interdict against marriage within the caste. This

practically amounts to debarring the delinquent and his family from

respectable marriages of any sort; third, cutting off the delinquent

from the general community by forbidding him the use of the village

barber and washerman, and of the priestly adviser. Except in very

serious cases, excommunication is withdrawn upon the submission of the

offender, and his payment of a fine. Anglo-Indian law does not enforce

caste decrees. But caste punishments exercise an efficacious restraint

upon unworthy members of the community, precisely as caste rewards

supply a powerful motive of action to good ones. A member who cannot

be controlled by this mixed discipline of punishment and reward is

eventually expelled; and, as a rule, 'an out-caste' is really a bad

man. Imprisonment in jail carries with it that penalty, but may be

condoned after release by heavy expiations."

Those remarks of Sir William Hunter afford an insight into the

coercive power exercised by the caste system on the Indian population.

Without that system it is probable that the criminal statistics of

India would present as high a proportion of crimes of violence and

blood as now exists among the peoples of Southern Europe. But with

that system in active operation, the evil influence of climate is

completely neutralised and India at the present moment enjoys a

remarkable immunity from violent crime. With the example of India

before us we are justified in coming to the conclusion that homicide

and crimes of a kindred nature need not necessarily be the malign

products of climate. Whatever climate has to do with fostering these

offences may be obviated by a better form of social organisation. It

would be ridiculous to dream of basing western society upon Indian

models; but at the same time India teaches us a lesson on the

construction of the social fabric which it would be well to learn. The

tendency of western civilisation at the present time is to herd vast

masses of men into huge industrial centres. It is useless discussing

the abstract question whether this is a good thing or a bad; we must

reconcile ourselves to the fact that it is a process forced upon

communities by the necessities of modern industrialism; and we must

accordingly make the best of it. In our efforts to make the best of

present tendencies, and to render them as innocuous as possible to

social welfare, there is one point at least where India is able to

teach us an instructive lesson. In India a man seldom becomes, what he

too often is, in all our large cities, a mere lonely, isolated unit,

left entirely to the mercy of his own impulses, constrained by no

social circle of any description, and unsustained by the pressure of

any public opinion for which he has the least regard. In India he is

always a member of some fraternity within the community; in that

fraternity or caste he feels at home; he is never isolated; he belongs

to a circle which is not too big for his individuality to be lost; he

is known; he has a reputation and a status to maintain; his life

within the caste is shaped for him by caste usages and traditions, and

for these he is taught to entertain the deepest reverence. Caste is in

many of its aspects a state in miniature within the state; in this

capacity it performs a variety of admirable functions of which the

state itself is and must always remain incapable.

Before the era of great cities the township in the West used to

exorcise some of the functions at present discharged in India by the

system of caste. But the township in the old sense of the word, with

its settled population and the common eye upon all its members, has

to a large extent disappeared. The influence of the family is at the

same time being constantly weakened by the migratory habits modern

industrialism entails on the population; in a word, the old

constraining force, which used to hold society together, are almost

gone, and nothing effective has sprung up to replace them.

In these circumstances what is to be done? It is useless attempting to

restore the past. That never has been accomplished successfully; all

attempts in that direction look as if they were opposed to the nature

of things. It is among the living and vigorous forces of the present

that we must look for help. I shall content myself by mentioning one

of these forces, namely Trade Societies. It seems a pity that these

societies should confine their operations merely to the limited object

of forcing up wages. That object is, of course, a perfectly laudable

and legitimate one, but it is surely not the supreme and only end for

which a Trade Society should exist. A Trade Society would do well to

teach its members how to spend as well as how to earn. What, indeed,

is the use of higher wages to a certain section of the members of

Trades-Unions? The increased pay, instead of being a blessing, becomes

a curse; it leads to drunkenness, to wife-beating, to disorder in the

public streets, to assaults on the police, to crimes of violence and

blood. It is a melancholy fact that the moment wages begin to rise,

the statistics of crime almost immediately follow suit, and at no

period are there more offences of all kinds against the person than

when material prosperity is at its height.

It lies well within the functions of such Trades-Unions as possess an

enlightened regard for the welfare of their members, to introduce a

code of regulations which would tend to minimise some of the evils

which have just been mentioned. It would immeasurably raise the status

of the Union, if certain disciplinary measures could be adopted

against members convicted of offences against the law. In the

professions of law and medicine it is the custom at the present time

to expel members who are proved guilty of serious offences of this

description, and unquestionably the dread of expulsion exercises a

most salutary influence on the conduct of all persons belonging to

these professions. It would be possible for Trade organisations to

accomplish much without resorting to this rigorous treatment; and the

real object for which such societies exist--the well-being of the

members--would be attained much more effectively than is the case at

present. Wages are but the means to an end; the end is individual,

domestic and social welfare, and it is only a half measure to supply

the means unless something is also done to secure the end.

Crime and Its Causes · 第 2 / 8 章