That alcohol in dilute aqueous solution, when taken into the human

organism, acts as a depressant, not as a stimulant, is now so much

a commonplace of knowledge that even the more advanced varieties

of physiologists are beginning to be aware of it. The intelligent

layman no longer resorts to the jug when he has important business

before him, whether intellectual or manual; he resorts to it after

his business is done, and he desires to release his taut nerves

and reduce the steam-pressure in his spleen. Alcohol, so to speak,

unwinds us. It raises the threshold of sensation and makes us less

sensitive to external stimuli, and particularly to those that are

unpleasant. It reduces and simplifies the emotions. Putting a brake

upon all the qualities which enable us to get on in the world and

shine before our fellows--for example, combativeness, shrewdness,

diligence, ambition,--it releases the qualities which mellow us

and make our fellows love us--for example, amiability, generosity,

toleration, humor, sympathy. A man who has taken aboard two or three

cocktails is less competent than he was before to steer a battleship

down the Ambrose Channel, or to cut off a leg, or to draw up a deed

of trust, or to conduct Bach’s B minor mass, but he is immensely more

competent to entertain a dinner party, or to admire a pretty girl,

or to _hear_ Bach’s B minor mass. The harsh, useful things of the

world, from pulling teeth to digging potatoes, are best done by men

who are as starkly sober as so many convicts in the death-house, but

the lovely and useless things, the charming and exhilarating things,

are best done by men with, as the phrase is, a few sheets in the wind.

_Pithecanthropus erectus_ was a teetotaler, but the angels, you may be

sure, know what is proper at 5 P. M.

All this is so obvious that I marvel that no utopian has ever proposed

to abolish all the sorrows of the world by the simple device of getting

and keeping the whole human race gently stewed. I do not say drunk,

remember; I say simply gently stewed--and apologize, as in duty bound,

for not knowing how to describe the state in a more seemly phrase.

The man who is in it is a man who has put all of his best qualities

into his showcase. He is not only immensely more amiable than the cold

sober man; he is immeasurably more decent. He reacts to all situations

in an expansive, generous and humane manner. He has become more

liberal, more tolerant, more kind. He is a better citizen, husband,

father, friend. The enterprises that make human life on this earth

uncomfortable and unsafe are never launched by such men. They are not

makers of wars; they do not rob and oppress anyone; they invent no such

plagues as high tariffs, 100 per cent. Americanism and Prohibition.

All the great villainies of history, from the murder of Abel to the

Treaty of Versailles, have been perpetuated by sober men, and chiefly

by teetotalers. But all the charming and beautiful things, from the

Song of Songs to terrapin _à la_ Maryland, and from the nine Beethoven

symphonies to the Martini cocktail, have been given to humanity by men

who, when the hour came, turned from well water to something with color

to it, and more in it than mere oxygen and hydrogen.

I am well aware, of course, that getting the whole human race stewed

and keeping it stewed, year in and year out, would present formidable

technical difficulties. It would be hard to make the daily dose of

each individual conform exactly to his private needs, and hard to get

it to him at precisely the right time. On the one hand there would be

the constant danger that large minorities might occasionally become

cold sober, and so start wars, theological disputes, moral reforms, and

other such unpleasantnesses. On the other hand, there would be danger

that other minorities might proceed to actual intoxication, and so

annoy us all with their fatuous bawling or maudlin tears. But such

technical obstacles, of course, are by no means insurmountable. Perhaps

they might be got around by abandoning the administration of alcohol

_per ora_ and distributing it instead by impregnating the air with it.

I throw out the suggestion, and pass on. Such questions are for men

skilled in therapeutics, government and business efficiency. They exist

today and their enterprises often show a high ingenuity, but, being

chiefly sober, they devote too much of their time to harassing the rest

of us. Half-stewed, they would be ten times as humane, and perhaps at

least half as efficient. Thousands of them, relieved of their present

anti-social duties, would be idle, and eager for occupation. I trust

to them in this small matter. If they didn’t succeed completely, they

would at least succeed partially.

The objection remains that even small doses of alcohol, if each

followed upon the heels of its predecessor before the effects of the

latter had worn off, would have a deleterious effect upon the physical

health of the race--that the death-rate would increase, and whole

categories of human beings would be exterminated. The answer here is

that what I propose is not lengthening the span of life, but augmenting

its joys. Suppose we assume that its duration is reduced 20 per cent.

My reply is that its delights will be increased at least 100 per

cent. Misled by statisticians, we fall only too often into the error

of worshiping mere figures. To say that A will live to be eighty and B

will die at forty is certainly not to argue plausibly that A is more

to be envied than B. A, in point of fact, may have to spend all of his

eighty years in Kansas or Arkansas, with nothing to eat save corn and

hog-meat and nothing to drink save polluted river water, whereas B

may put in his twenty years of discretion upon the Côte d’Azure, _wie

Gott im Frankreich_. It is my contention that the world I picture,

even assuming the average duration of human life to be cut down 50 per

cent., would be an infinitely happier and more charming world than that

we live in today--that no intelligent human being, having once tasted

its peace and joy, would go back voluntarily to the harsh brutalities

and stupidities that we now suffer, and idiotically strive to prolong.

If intelligent Americans, in these depressing days, still cling to

life and try to stretch it out longer and longer, it is surely not

logically, but only atavistically. It is the primeval brute in them

that hangs on, not the man. The man knows only too well that ten years

in a genuinely civilized and happy country would be infinitely better

than a geological epoch under the curses he must face and endure every

day.

Moreover, there is no need to admit that the moderate alcoholization

of the whole race would materially reduce the duration of life. A

great many of us are moderately alcoholized already, and yet manage

to survive quite as long as the blue-noses. As for the blue-noses

themselves, who would repine if breathing alcohol-laden air brought

them down with delirium tremens and so sterilized and exterminated

them? The advantage to the race in general would be obvious and

incalculable. All the worst strains--which now not only persist, but

even prosper--would be stamped out in a few generations, and so the

average human being would move appreciably away from, say, the norm

of a Baptist clergyman in Georgia and toward the norm of Shakespeare,

Mozart and Goethe. It would take aeons, of course, to go all the way,

but there would be progress with every generation, slow but sure.

Today, it must be manifest, we make no progress at all; instead we

slip steadily backward. That the average civilized man of today is

inferior to the average civilized man of two or three generations ago

is too plain to need arguing. He has less enterprise and courage; he

is less resourceful and various; he is more like a rabbit and less

like a lion. Harsh oppressions have made him what he is. He is the

victim of tyrants.... Well, no man with two or three cocktails in him

is a tyrant. He may be foolish, but he is not cruel. He may be noisy,

but he is also genial, tolerant, generous and kind. My proposal

would restore Christianity to the world. It would rescue mankind from

moralists, pedants and brutes.

X. ESSAY IN CONSTRUCTIVE CRITICISM

I

One of the defects in the American system of government, if so superb a

confection of the human mind and heart may be said, without indecency,

to have any defects at all, lies in the fact that it fails to provide

swift and condign punishment for the special crimes of public

officials. Even when their wrong-doings take the form of offenses

against the ordinary criminal statutes of the realm--as, for example,

embezzlement, conversion, blackmail, armed entry, kidnaping or common

assault--it seems to be very difficult to bring them under the lash

of justice; they enjoy, as it were, an unwritten immunity to criminal

process, running with the constitutional immunity of United States

Senators, who cannot be taken by the _gendarmerie_, even for adultery

or bootlegging, while the Senate is in session. The thugs and perjurers

of the so-called Department of Justice, during the reign of the Martyr

Wilson, committed nearly all the crimes of fraud and violence on the

books, and yet, so far as I know, not one of them was ever punished,

or, indeed, so much as prosecuted. Several Federal district attorneys,

toward the end of that festival of oppression and worse, protested

against it publicly, and there were bitter yells from specialists in

human liberty and from the relatives, lodge-brothers and creditors of

some of the victims, but no Federal grand jury indicted any of the

criminals, and no Federal judge condemned them to the hulks. To this

day, if my agents are to be believed, the same thing is going on,

though perhaps on a more modest scale. Prohibition enforcement officers

in all parts of the country are breaking into houses without warrants,

destroying property without due process of law, engaging in blackmail

in a wholesale manner, and assaulting and murdering citizens almost at

their will, and yet one seldom hears of them going to jail for it, and

I know of none who has been hanged.

When it comes to crimes that are peculiar to public officials and

that arise out of the nature of their legal status, as bigamy and

wife-beating arise out of the nature of a married man’s, the case is

even worse. I allude here to such special offenses as dissipating the

public funds, loading the public rolls with useless and pediculous

job-holders, letting contracts and franchises to political and private

friends, converting public property to private uses, condoning crimes

against the government, and administering the laws in a partial and

dishonest manner--all of them impossible to the mere citizen and

taxpayer, as default in alimony is impossible to the bachelor. Here the

ordinary criminal statutes are obviously ineffective, and of special

statutes there are almost none. What was the late Mr. Fall guilty

of? His accusers, it appears, had to fall back upon the vague charge

of conspiracy, which was not unlike accusing a burglar of trespass.

With the general run of official delinquents it is impossible to go

even so far. Their crimes have no names, and no adequate punishments.

Certain high dignitaries, when taken in gross malfeasances, may be

impeached, and most lesser ones, though not all, may be cashiered.

But neither punishment is harsh enough to be a deterrent, and neither

is swift and sure. Since the first days of the Republic but eight

Federal job-holders have been brought before the bar of the Senate on

impeachment by the House of Representatives, and of these but two have

been found guilty and removed from office. Both of the latter were

judges; one was convicted of drunkenness on the bench and the other of

corrupt dealings with litigants. Is it argued seriously by anyone that,

during all those years, but two Federal judges have been guilty of such

offenses? Is it argued, indeed, that the bench is wholly guiltless of

them, and of all other crimes, today?

Many of the sitting Federal judges, as a matter of fact, are obviously

unfit for the duties they have to perform. Some of them owe their jobs

to litigants who are habitually before them, and others are admittedly

beholden to such corrupt agencies as the Anti-Saloon League. Is it

maintained that such dubious fellows make competent and respectable

judges, or that the clumsy and enormously costly process of impeachment

offers a practicable means of dealing with their frequent and flagrant

peccadillos? Plainly not. Even when their obscenities upon the bench

become publicly scandalous they are protected by the fact that

impeachment is essentially a political, not a judicial process, and

that in consequence it is excessively slow and uncertain--in other

words, by the fact that it lacks the very characters which legal

punishment fundamentally needs. It is, as a matter of practise, almost

as safe for a Federal judge to take care of his fellow-golfers and

scofflaws as it is for a Prohibition officer to blackmail a bootlegger

or for an agent of the Department of Justice to manufacture perjury

against so-called Reds. If he belongs to the party in control of

Congress he cannot be impeached for any crime short of highway robbery

or piracy on the high seas, and even if he belongs to the minority

party the citizen who complains of him must be extremely influential

to be heard at all, and extremely rich to meet the heavy costs of

prosecuting him. In brief, the remedy against him that is offered by

the Constitution and the laws is, in substance, no remedy at all. No

matter how grossly he violates his oath and the decencies, he commonly

remains upon the bench until some grateful litigant or syndicate of

litigants offers him a better job.

Moreover, it must be plain that the punishment of impeachment and

removal from office, or of removal by executive order, without

impeachment, is usually grossly inadequate. When job-holders become

so unbearably corrupt or incompetent that they are actually separated

from their jobs, they commonly deserve hanging, or, at least, long

confinement in the hoosegow. Simply to turn them out, leaving them free

to aspire to other offices, is as absurd as it would be to limit a

burglar’s punishment to kicking him out of the house. The case of the

late Denby, Secretary of the Navy, is in point. I have no opinion as to

the guilt or innocence of the gentleman; I merely recall the fact that

he was accused of the very grave offense of dissipating the national

property and imperilling the national defense. It would be difficult to

imagine anything more flagrantly anti-social, more thoroughly vicious,

more damaging to the common weal; put beside it, such ordinary crimes

as arson and larceny seemed relatively harmless. Nevertheless, the

worst punishment that could be inflicted upon Denby was the banal

one of depriving him of his office. It was impossible, for political

reasons, to impeach him or even to attempt to impeach him, and he was

simply turned out, with a file of high naval dignitaries saluting him

as he left and a great crowd cheering him as he got home. Here cause

and effect took on a disproportion that was truly colossal; it was

almost as if Czolgosz had been fined $10 for dispatching McKinley.

If Denby was innocent, he deserved the salute and the cheers without

the loss of his job. And if he was guilty, if only of negligence, he

plainly merited at least a geological epoch on Devil’s Island.

2

In the effete monarchies of the continent of Europe, now happily

abolished by God’s will, there was, in the old days of sin, a far more

intelligent and effective way of dealing with delinquent officials.

Not only were they subject, when taken in downright corruption, to the

ordinary processes of the criminal laws; in addition, they were liable

to prosecution in special courts for such offenses as were peculiar

to their offices. In this business the abominable Prussian state,

though founded by Satan, took the lead. It maintained a tribunal in

Berlin that devoted itself wholly to the trial of officials accused of

malfeasance, corruption, tyranny and incompetence, and any citizen

was free to lodge a complaint with the learned judges. The trial was

public and in accordance with rules fixed by law. An official found

guilty could be punished summarily and in a dozen different ways. He

could be reprimanded, reduced in rank, suspended from office for a

definite period, transferred to a less desirable job, removed from

the rolls altogether, fined, or sent to jail. If he was removed from

office he could be deprived of his right to a pension in addition,

or fined or jailed in addition. He could be made to pay damages to

any citizen he had injured, or to apologize publicly. All this,

remember, was in addition to his liability under the ordinary law,

and the statutes specifically provided that he could be punished

twice for the same offense, once in the ordinary courts and once in

the administrative court. Thus, a Prussian official who, imitating

the daily routine of the agents of our own Treasury or Department of

Justice, assaulted a citizen, invaded his house without a warrant, and

seized his property without process of law, could be deprived of his

office and fined heavily by the administrative court, sent to jail by

an ordinary court, and forced to pay damages to his victim by either

or both. Our Federal judges, as a matter of everyday practise, issue

thousands of injunctions depriving citizens of their clear right to

a jury trial, to the sanctity of domicile and to lawful assemblage,

all guaranteed by the Bill of Rights. Had a Prussian judge, overcome

by _kaiserliche_ passion, undertaken anything of the sort in those

far-off days of despotism, any aggrieved citizen might have haled him

before the administrative court and recovered heavy damages from him,

beside enjoying the felicity of seeing him transferred to some dismal

swamp in East Prussia, to listen all day to the unintelligible perjury

of Poles. The law specifically provided that responsible officials

should be punished, not more leniently than ordinary offenders, but

more severely. If a corrupt policeman got six months a corrupt chief of

police got two years. More, these statutes were enforced with Prussian

barbarity, and the jails were constantly full of errant officials.

I do not propose, of course, that such medieval laws be set up in

the United States. We have, indeed, gone far enough in imitating

the Prussian system already; if we go much further the moral and

enlightened nations of the world will have to unite in a new crusade

to put us down. Hints to that effect are not lacking even now; they

are heard in England every time the Department of State revives the

question of the Bahaman rum trade, and in France every time there is

mention of the war debt. As a matter of fact, the Prussian scheme

would probably prove ineffective in the Republic, if only because

it involved setting up one gang of job-holders to judge and punish

another gang. This worked very well in Prussia before the country was

civilized by force of arms because, as everyone knows, a Prussian

judge was trained in ferocity from infancy, and regarded every man

arraigned before him as guilty _ipso facto_; in fact, any thought of

a prisoner’s possible innocence was abhorrent to him as a reflection

upon the _Polizei_, and, hence, by inference, upon the Throne, the

whole monarchic idea, and God. But in America, even if they had no

other sentiment in common, which would be rarely, judge and prisoner

would often be fellow-Democrats or fellow-Republicans, and hence

jointly interested in protecting their party against scandal and

its members against the loss of their jobs. The operations of the

Department of Justice under Mr. Daugherty showed how this community

of interest impedes the flow of justice even today; it would be far

more obstructive, obviously, if job-holders had to execute the laws

against other job-holders, and not merely against the friends of

other job-holders. Moreover, the Prussian system has another plain

defect: the punishments it provides are, in the main, platitudinous

and banal. They lack dramatic quality, and they lack ingenuity and

appropriateness. To punish a judge taken in judicial crim. con. by

fining him or sending him to jail is a bit too facile and obvious. What

is needed is a system (_a_) that does not depend for its execution

upon the good-will of job-holders, and (_b_) that provides swift,

certain and unpedantic punishments, each fitted neatly to its crime.

Such a system, after due prayer, I have devised. It is simple, it is

unhackneyed, and I believe that it would work. It is divided into

two halves. The first half takes the detection and punishment of the

crimes of job-holders away from courts of impeachment, congressional

smelling committees, and other such agencies--_i. e._, away from other

job-holders--and vests it in the whole body of free citizens, male and

female. The second half provides that any member of that body, having

looked into the acts of a job-holder and found him delinquent, may

punish him instantly and on the spot, and in any manner that seems

appropriate and convenient--and that in case this punishment involves

physical damage to the job-holder, the ensuing inquiry by the grand

jury or coroner shall confine itself strictly to the question whether

the job-holder deserved what he got. In other words, I propose that it

shall be no longer _malum in se_ for a citizen to pummel, cow-hide,

kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay or

even lynch a job-holder, and that it shall be _malum prohibitum_ only

to the extent that the punishment exceeds the job-holder’s deserts.

The amount of this excess, if any, may be determined very conveniently

by a petit jury, as other questions of guilt are now determined.

The flogged judge, or Congressman, or Prohibition officer, or other

job-holder, on being discharged from hospital--or his chief heir, in

case he has perished--goes before a grand jury and makes complaint,

and, if a true bill is found, a petit jury is empanelled and all the

evidence is put before it. If it decides that the job-holder deserved

the punishment inflicted upon him, the citizen who inflicted it is

acquitted with honor. If, on the contrary, it decides that this

punishment was excessive, then the citizen is adjudged guilty of

assault, mayhem, murder, or whatever it is, in a degree apportioned to

the difference between what the job-holder deserved and what he got,

and punishment for that excess follows in the usual course.

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Prejudices, fourth series · 第 9 / 16 段