This scheme gave the vice-crusaders a new lease of life and greatly

increased their takings in the Sunday-schools. Naturally enough,

the Prohibitionists, who were, in most cases, none other than the

vice-crusaders themselves, instantly borrowed it, and so it got into

the Prohibition acts of all the dry States. Volstead, as a country

State’s attorney on the Minnesota steppes, employed it diligently

and to vast effect. He put it into the Volstead Act as a matter of

course. There it stands today, a dishonest and disgraceful blemish

upon American law. Its deliberate aim is to take away from the

citizen accused of crime his constitutional right to a jury trial; no

imaginable argument in favor of it can dodge that plain fact. When

it is invoked, as under the Volstead Act, against a man who has been

found guilty of one violation of the act, it not only punishes him

doubly for that violation; it also punishes him in advance for a second

offense that he has admittedly not committed, and deprives him of his

constitutional means of defense in case he is subsequently accused. He

is, in brief, put absolutely at the mercy of the judge--and the judge

is already obviously suspicious of him, and may be a senile sadist or

Prohibitionist demagogue to boot. The constitutional provision that a

man accused of crime may throw himself upon a jury of plain men like

himself, sworn to regard only the evidence actually before them--that

if he is able to convince only one of the twelve that he is innocent,

or not proved guilty beyond a doubt, he shall go free--this fundamental

guarantee of the citizen, this most sacred of all human rights under

Anglo-Saxon jurisprudence, is specifically nullified and made a mock of

in order to satisfy the frenzy of a minority of fanatics!

That contempt of court should be an offense standing outside the

purview of the Fifth and Sixth Amendments--that a judge should have the

power to punish summarily all deliberate floutings of his dignity--this

may be reasonably argued, though there are many sound considerations

against it. But that it should be lawful to convert some other and

wholly unrelated offense into contempt of court by a legal fiction,

and so get around the Fifth and Sixth Amendments by a swindle--this

is surely more than any sensible man would soberly maintain. When it

is maintained, it is only by persons who are trying to put men into

jail by processes that any average jury would revolt against--mill

owners eager to get rid of annoying labor leaders, coal operators

bent upon making slaves of their miners, Prohibitionists lusting for

the punishment of their opponents. The injunction in strike cases has

been a stench for years; it is, indeed, so bad that a large number of

Federal judges refuse absolutely to employ it. It is a worse stench in

Prohibition cases, for here it is becoming a formidable and favorite

weapon, not merely in the hands of property-owners who want to put down

strikes, but in the hands of criminal Prohibition agents who seek to

wring blackmail from their victims. In brief, it has become a dishonest

means of oppression for men who are even more dishonest than it is.

Certainly it is idle to talk of respect for the laws when such devices

have legislative and judicial sanction. No reasonable man, save he be

ignorant of their nature and purpose, can conceivably respect them.

If, on the ground that whatever is in the law should be given full

faith and credit, he maintains that they should not be resisted, then

he maintains that the Bill of Rights is no more than a string of empty

phrases, and that any shyster who invents a way to evade and abrogate

it is a jurist as dignified as John Marshall.

3

Is a judge bound to lend himself to such gross and dishonest attacks

upon the common rights of the citizen? I am no lawyer, but I presume

to doubt it. There were judges in 1918 who did not think themselves

obliged to sacrifice the Bill of Rights to the Espionage Act, and

who resolutely refused to do so, and yet, so far as I know, nothing

happened to them; at least one of them, to my knowledge, has been since

promoted to a circuit. Why should any judge enforce the injunction

clause of the Volstead Act? Its enforcement is surely not an automatic

act; it involves deliberation and decision by the judge; he may refuse

his injunction without offering any explanation to anyone. What would

follow if he arose one day in his high pulpit, and announced simply

that his court was purged of all such oblique and dishonest enactments

henceforth--that he had resolved to refuse to lend himself to the

schemes of blackmailers with badges, or to harass and punish free

citizens in violation of their fundamental constitutional rights and

their plain dignity as human beings, or, in brief, to engage in any

other enterprise as a judge that he would shrink from engaging in as

a good citizen and a man of honor? Would the result be impeachment? I

should like to meet a Congressman insane enough to move the impeachment

of such a judge! Would it be a storm of public indignation?... Or would

it be a vociferous yell of delight?

It seems to me, indeed, that the first judge who rises to such a

rebellion will be the first judge ever to become a popular hero in

the Republic--that he will be elevated to the Supreme Court by a

sort of acclamation, even if it is necessary to get rid of one of

the sitting justices by setting fire to his gown. But even imagining

him so elevated, the remaining eight justices will still function,

and all of us know what they think of the Bill of Rights. Wouldn’t

such a rebel judge succumb to the system of which he was a discreet

particle? Couldn’t the other eight judges nullify and make a mock of

his heroic defiance? Could they, indeed? Then how? If a judge, high or

low, actually called in justice to rescue a citizen from the law, what

precisely could the Supreme Court do about it? I know of no appeal from

the District Attorney in criminal cases, once the accused has been put

in jeopardy; I know only of impeachment for judges who forget the lines

of the solemn farce to which they are sworn. But try to imagine the

impeachment of a judge charged with punching a hole in the Volstead

Act, and letting in some common justice and common decency!

So far, no such rambunctious and unprecedented judge has been heard

of,--none, that is, has objected to the injunction clause in toto

and head on--nor do I specifically predict his advent. He may come,

but probably he won’t. The law is a curse to all of us, but it is a

curse of special virulence to lawyers. It becomes for them a sort of

discreditable vice, a stealthy and degrading superstition. It robs them

of all balance, of all capacity for clear thought, of all imagination.

Judges tend to show this decay of the faculties in an exaggerated form;

they become mere automata, bound by arbitrary rules, precedents, the

accumulated imbecilities of generations of bad logic; to their primary

lack of sense as lawyers they add the bombastic manner of bureaucrats.

It is thus too much to hope for a judge showing any originality or

courage; one Holmes in an era of Hardings and Coolidges is probably

more than a fair allotment. But while the judges of the District Courts

go on driving wild teams of jackasses through the Bill of Rights,

and the rev. seniors of the Supreme Court give their approval to the

business in solemn form, sometimes but not always with Holmes, J., and

Brandeis, J., dissenting--while all this is going on, there are black

clouds rolling up from the hinterland, where the Constitution is

still taught in the schools and even Methodists are bred to reverence

Patrick Henry. The files of Congress already show the way the wind is

blowing--constitutional amendments to drag down and denaturize the

Supreme Court, simple acts to the same end, other acts providing for

the election of Federal judges, yet others even more revolutionary.

I know of no such proposal that has any apparent merit. Even the

best of them, hamstringing the courts, would only augment the power

of a Congress that is ten times worse. But so long as judges pursue

fatuously the evil business of converting every citizen into a subject,

demagogues will come forward with their dubious remedies, and, soon

or late, unless the bench pulls up, some of these demagogues will get

themselves heard.

V. REFLECTIONS ON HUMAN MONOGAMY

1

_The Eternal Farce_

AS every attentive patron of the drama is well aware, it is difficult

for even the most skillful actors to keep Ibsen’s “Hedda Gabler” from

degenerating to farce in the performance. The reason is certainly

not occult. It lies in the plain fact that such transactions as the

dramatist here deals with--a neurotic woman’s effort to be heavily

romantic, her horror when romance is followed by pregnancy, the

manœuvres of a satanic and idiotic lover, the cuckolding of a husband

wearing whiskers--are intrinsically and incurably farcical. _All_ love

affairs, in truth, are farcical--that is, to the spectators. When one

hears that some old friend has succumbed to the blandishments of a

sweet one, however virtuous and beautiful she may be, one does not gasp

and roll one’s eyes; one simply laughs. When one hears, a year or two

later, that they are quarreling, one laughs again. When one hears that

the bride is seeking consolation from the curate of the parish, one

laughs a third time. When one hears that the bridegroom, in revenge,

is sneaking his stenographer to dinner at an Italian restaurant, one

laughs a fourth time. And so on. But when one goes to the theatre, the

dramatist often asks one to wear a solemn frown when he displays the

same puerile and ludicrous phenomena--that is, while he depicts a fat

actress as going crazy when she discovers that her husband, an actor

with a face like the abdomen of a ten-pin, has run off to Asbury Park,

N. J., with another actress who pronounces all French words in the

manner of the Texas Christian University.

The best dramatists, of course, make no such mistake. In Shakespeare

love is always depicted as comedy--sometimes light and charming, as in

“Twelfth Night,” but usually rough and buffoonish, as in “The Taming of

the Shrew.” This comic attitude is plainly visible even in such plays

as “Hamlet” and “Romeo and Juliet.” In its main outlines, I suppose,

“Hamlet” is properly looked upon as a tragedy, but if you believe that

the love passages are intended to be tragic then all I ask is that you

give a sober reading to the colloquies between Hamlet and Ophelia.

They are not only farcical; they are downright obscene; Shakespeare,

through the mouth of Hamlet, derides the whole business with almost

intolerable ribaldry. As for “Romeo and Juliet,” what is it but a

penetrating burlesque upon the love guff that was fashionable in the

poet’s time? True enough, his head buzzed with such loveliness that he

could not write even burlesque without making it beautiful--compare

“Much Ado About Nothing” and “Othello”--but nevertheless it is quite

absurd to say that he was serious when he wrote this tale of calf-love.

Imagine such a man taking seriously the spasms and hallucinations of

a _Backfisch_ of fourteen, the tinpot heroics of a boy of eighteen!

Shakespeare remembered very well the nature of his own amorous fancies

at eighteen. It was the year of his seduction by Ann Hathaway, whose

brothers later made him marry her, much to his damage and dismay. He

wrote the play at forty-five. Tell it to the Marines!

I have a suspicion that even Ibsen, though he seldom permitted himself

overt humor, indulged in some quiet spoofing when he wrote “A Doll’s

House,” “Hedda Gabler,” “The Lady From the Sea” and “Little Eyolf.” The

whole last act of “Hedda Gabler” could be converted into burlesque by

changing ten words; as I have said, it is almost always burlesque as

bad actors play it. In the cases of “Ghosts” and “The Master-Builder”

there can be no doubt whatever. The former is a piece of buffoonery

designed to make fun of the fools who were outraged by “A Doll’s

House”; the latter is a comic piece founded upon personal experience.

At the age of sixty Ibsen amused himself with a flirtation with a girl

of sixteen. Following the custom of her sex, she took his casual winks

and cheek-pinchings quite seriously, and began hinting to the whole

neighborhood that the old boy was hopelessly gone on her, and that

he intended to divorce Fru Ibsen and run off with her to Italy. All

this gave entertainment to Ibsen, who was a sardonic man, and he began

speculating as to what would happen to a man of his age who actually

yielded to the gross provocations of such a wench. The result was “The

Master-Builder.” But think of the plot! He makes the master-builder

climb a church-steeple, and then jump off! Imagine him regarding such

slap-stick farce seriously!

The world has very little sense of humor. It is always wagging its ears

solemnly over elaborate jocosities. For 600 years it has gurgled over

the “Divine Comedy” of Dante, despite the plain fact that the work

is a flaming satire upon the whole Christian hocus-pocus of heaven,

purgatory and hell. To have tackled such nonsense head-on, in Dante’s

time, would have been to flout the hangman; hence the poet clothed his

attack in an irony so delicate that the ecclesiastical police were

baffled. Why is the poem called a comedy? I have read at least a dozen

discussions of the question by modern pedants, all of them labored and

unconvincing. The same problem obviously engaged the scholars of the

poet’s own time. He called the thing simply “comedy”; they added the

adjective “divine” in order to ameliorate what seemed to them to be an

intolerable ribaldry. Well, here is a “comedy” in which human beings

are torn limb from limb, boiled in sulphur, cut up with red-hot knives,

and filled with molten lead! Can one imagine a man capable of such a

poem regarding such fiendish imbecilities seriously? Certainly not.

They appeared just as idiotic to him as they appear to you or me. But

the Federal judiciary of the day made it impossible to say so in plain

language, so he said so behind a smoke-screen of gaudy poetry. How

Dante would have roared if he could have known that six hundred years

later an illiterate President of the United States, a good Baptist with

money in the bank, married happily to a divorcée--would take the whole

thing with utter seriousness, and deliver a nonsensical harangue upon

the lessons in it for American Christians!

The case of Wagner’s “Parsifal” is still more remarkable. Even

Nietzsche was deceived by it. Like the most maudlin German fat woman at

Baireuth, he mistook the composer’s elaborate and outrageous burlesque

of Christianity for a tribute to Christianity, and so denounced him

as a jackass and refused to speak to him thereafter. To this day

“Parsifal” is given with all the trappings of a religious ceremonial,

and pious folks go to hear it who would instantly shut their ears if

the band began playing “Tristan und Isolde.” It has become, in fact,

a sort of “’Way Down East” or “Ben Hur” of music drama--a bait for

luring patrons who are never seen in the opera-house otherwise. But

try to imagine such a thumping atheist as Wagner writing a religious

opera seriously! And if, by any chance, you succeed in imagining it,

then turn to the Char-Freitag music, and play it on your victrola.

Here is the central scene of the piece, the moment of most austere

solemnity--and to it Wagner fits music that is so luscious and so

fleshly--indeed, so downright lascivious and indecent--that even I, who

am almost anæsthetic to such provocations, blush every time I hear it.

The Flower Maidens do not raise my blood-pressure a single ohm; I have

actually snored through the whole second act of “Tristan.” But when

I hear that Char-Freitag music all of my Freudian suppressions begin

groaning and stretching their legs in the dungeons of my unconscious.

And what does Char-Freitag mean? Char-Freitag means Good Friday!

2

_Venus at the Domestic Hearth_

One inclines to the notion that women--and especially homely

women--greatly overestimated the importance of physical beauty in

their eternal conspiracy against the liberty of men. It is a powerful

lure, to be sure, but it is certainly not the only one that fetches

the game, nor even, perhaps, the most effective one. The satisfaction

that a man gets out of conquering--which is to say, out of succumbing

to--a woman of noticeable pulchritude is chiefly the rather banal one

of parading her before other men. He likes to show her off as he likes

to show his expensive automobile or his big door-knob factory. It is

her apparent costliness that is her principal charm. Her beauty sets

up the assumption that she was sought eagerly by other men, some of

them wealthy, and that it thus took a lot of money or a lot of skill to

obtain the monopoly of her.

But very few men are so idiotic that they are blind to the hollowness

of such satisfactions. A husband, after all, spends relatively few

hours of his life parading his wife, or even contemplating her beauty.

What engages him far more often is the unromantic business of living

with her--of listening to her conversation, of trying to fathom and

satisfy her whims, of detecting and counteracting her plots against his

ego, of facing with her the dull hazards and boredoms of everyday life.

In the discharge of this business personal beauty is certainly not

necessarily a help; on the contrary, it may be a downright hindrance,

if only because it makes for the hollowest and least intelligent of

all forms of vanity. Of infinitely more value is a quality that women

too often neglect, to wit, the quality of simple amiability. The most

steadily charming of all human beings, male or female, is the one who

is tolerant, unprovocative, good-humored, kind. A man wants a show only

intermittently, but he wants peace and comfort every day. And to get

them, if he is sagacious, he is quite willing to sacrifice scenery.

3

_The Rat-trap_

Much of the discontent with modern marriage centers in the fact that

the laws which condition it and safeguard it all assume that its

purpose is the founding of a family. This was unquestionably its

purpose when those laws were devised, say three thousand years ago,

but that purpose, at least among the civilized minority, is now almost

forgotten. Very few educated men of today, it seems to me, have any

notion of founding a family in mind when they marry. Their vanity

takes different forms; moreover, they have rejected the old doctrine

that they have any duty in the premises; the _Stammhalter_ has pretty

well disappeared from their visions. Most of them, it is probable,

marry without any intelligible purpose whatever. Women flatter

them, mark them down and lure them to the holy altar: everything

else is afterthought. Many an American man finds himself on the

brink of marriage without ever having given any sober thought even

to so important a matter as the probable charm of his bride-elect as

mistress. This explains many connubial calamities.

As things stand, the only legal relief from uncomfortable marriages

is afforded by divorce. Every other workable device is frowned upon,

and most of them are punished. The chief purpose of legal divorce,

of course, is to protect the children of the marriage, _i. e._,

to safeguard the family. But the scheme is clumsy, expensive and

cruel. To employ it is to cut off a leg in order to cure what may

be, after all, merely a barked shin--worse, what may be no injury

at all. Suppose there _are_ no children? Suppose the marriage is

entered upon with the clear understanding that there _shall_ be no

children? In the latter case it is obviously insane to surround it

with safeguards for the family that will never exist. As well insure

a pile of bricks against fire. What is needed is legal recognition

of such marriages--recognition that will establish decorum and fair

play within their actual limits, but that will not seek to burden them

with conditions that look quite outside their limits. Human inertia

and sentimentality, of course, will be a long while countenancing any

such change. Until quite recently a marriage without children was

utterly impossible, save as an act of God, and so the inevitable, by

a familiar process, was converted into the creditable. This nonsense

survives, despite the disappearance of the excuse for it. It is

still believed, by the great majority of human beings, that there is

something mysteriously laudable about achieving viable offspring. I

have searched the sacred and profane scriptures for many years, but

have yet to find any logical ground for this notion. To have a child is

no more creditable than to have rheumatism--and no more discreditable.

Ethically, it is absolutely meaningless. And practically, it is mainly

a matter of chance.

4

_The Love Chase_

The notion that man is the aggressor in love is frequently supported

by old-fashioned psychologists by pointing to the example of the

lower animals. The lion, it appears, stalks the lioness to her shame

and undoing; the amorous cock pursues the reluctant and virtuous

hen. Granted. But all that this proves, giving the analogy all the

value asked for it, is that man is the aggressor as _lover_, pure and

simple, _i. e._, as seducer. Is he also the aggressor as suitor and

husband? To ask the question is almost to answer it.... Well, it is

precisely his rôle of husband that differentiates man from lion and

cock. And once he is thus differentiated, all his previous likeness

disappears.... In civilized societies, there is a double stalking:

for mistresses and for husbands. The fact that the majority of women

retain their virtue to the altar and that the majority of men, soon or

late, are married--this offers a capital indication of the relative

enthusiasm and pertinacity with which the two varieties of aggression

are carried on.

5

_Women as Realpolitiker_

Women in general are far too intelligent to have any respect for

so-called ideas. One seldom hears of them suffering and dying for

any of the bogus Great Truths that men believe in. When a woman is

on good terms with her husband she is quite willing to accept his

idiotic theorizings on any subject that happens to engage him, whether

theological, economic, epistemological or political. When one hears

of a Republican man who has a Democratic wife, or _vice versa_, it is

always safe to assume that she has her eye on a handsomer, richer or

more docile fellow, and is thinking of calling up a lawyer.

6

_Footnote for Suffragettes_

The double standard of morality will survive in this world so long as a

woman whose husband has been debauched is favored with the sympathetic

tears of other women, and a man whose wife has run away with an actor

is laughed at by other men.

7

_The Helpmate_

The notion that a true and loving (and, let us hope, amiable and

beautiful) wife inspires a man to high endeavor is largely illusory.

Every sane woman knows instinctively, as a matter of fact, that the

highest aspirations of her husband are fundamentally inimical to her,

and that their realization is apt to cost her her possession of him.

What she dreams of is not an infinitely brilliant husband, but an

infinitely “solid” one, which is to say, one bound irretrievably by the

chains of normalcy. It would delight her to see him get to the White

House, for a man in the White House is as relentlessly policed as an

archbishop. But it would give her a great deal of disquiet to see him

develop into a Goethe or a Wagner.

Prejudices, fourth series · 第 5 / 16 段