America was fast becoming a manufacturing and commercial nation. The

accumulation of property was greater, and the inequalities perhaps more

marked than in any other land; likewise the poor were more independent.

Gradually we came to rely more and more upon the power of law and the

force that goes with it to preserve the old order. Legislatures and city

councils all over the United States began to limit and forbid carrying

firearms. The Constitution of the United States was held no impediment

to this legislation. Gradually laws have forbidden the carrying of guns

by the common man, and these laws are growing stronger every year. In

many states robbery with a gun may mean life imprisonment, while the

mere carrying of a revolver is a serious offense. The passage of these

drastic laws and the number of prison inmates confined for these

offenses show that the invention and use of firearms has affected crime,

and likewise that the government is constantly growing more doubtful of

the common man.

Civilization largely has to do with the creation and protection of

property. Although it is related to literature, architecture, politics,

art and the like; even these things if not actually rooted in property

are stimulated or affected by property. Civilization has created new

crimes and new ways to commit crime. It has likewise created many wants

and desires that furnish the motive power of property crimes. Each new

invention of civilization adds to these needs and these desires,

increases the power of committing crime, and necessitates stricter

measures to prevent it. Civilization has likewise created many new

outlets for the emotions, strengthened old ones, weakened others and

added to the complexity of life. It has imposed added strain and stress

upon man's nervous system and through this has caused the abnormalities

and excesses that are either crimes or lead to crimes.

Civilization has created the big cities; in other words, the powers and

forces that made civilization have made the big cities. The invention

and development of the railroad has taken men from the air and sunlight

and comparative freedom of motion of the country and the small village,

and placed them in an atmosphere not really fitted for normal animal

life, especially the life of the young. It has likewise stimulated crime

by offering the opportunities and making the suggestions that are

potent factors in crime. In country and village life everyone was known,

the smallest detail of every life was an open book. This fact furnished

a moral restraint to the individual and likewise made it hard for him to

violate the rules of the game. The opportunities for collecting large

numbers of people who might encourage each other with their conversation

and association were very few in rural life. The man who would violate

the law must do it alone. Not only this, but he must take his first

steps almost without suggestion or aid. This confined criminal conduct

largely to the feeble-minded and the seriously defective, and even these

could generally live in a country atmosphere where life is simple and

easy, without serious danger to themselves or others.

The great city with its swarms of people, its wealth and poverty, its

unhealthy atmosphere, its opportunities for everyone to have many

associates and still be lost to the community at large, makes irregular

lives not only easy, but almost necessary to large numbers of men.

Civilization has no doubt created crime as it has created luxury,

wealth, refinement and ease. Much luxury has always led to deterioration

and decay and is doubtless leading that way now.

One of the latest products of civilization that has had a marked effect

on crime is the automobile. Stringent laws are on the statute books of

all states against stealing automobiles, yet stealing and selling

automobiles is a flourishing and growing business. A large percentage of

the boys in the juvenile courts of our cities are there for stealing

automobiles. Yet this is the work of a very short period. I do not mean

to say that many of the boys brought into court for stealing automobiles

would not have committed some other crime, if automobiles had not been

invented and come into general use, but I feel quite sure that many of

them are victims of the automobile madness alone.

The automobile is one of the latest manias and fashions that

civilization has provided. Almost no one is free from the disease.

Conservative business men must have motor cars; clerks and salaried

people who cannot afford them must get them; mechanics and professional

men who have no need for them, except that others use them, must

contrive to buy them. Automobiles are much more important today than

houses. Men go into debt and struggle for money to buy gasoline so that

they may drive somewhere for the sake of coming back. It has created a

psychology all its own, a psychology of movement, of impatience, of

waste, of futility. Men in Chicago start to drive to Milwaukee without

the slightest reason for going there; they travel the road so fast that

they could get no idea of the scenery even if there were something to

see. They hurry as if going for a doctor. They reach their destination

and then start back home. The specific desire that is satisfied by this

expense and waste is a new one, an emotion of no value in the life

processes and probably of great injury in life development. It is a

craze for movement, for haste, for what seems like change.

The automobile has made its list of criminals, and it is making them

every day. Probably it will continue to make them until the flying

machine is perfected, and then to some extent at least the airplane will

take its place.

The truth is that man is not adapted to the automobile. His reactions

are too simple; his inherent needs are not adjusted to the new life; he

has not been built up with barriers to protect him from this insidious

temptation which is claiming its victims by the hundreds every day.

The boy is perfectly helpless in the presence of this lure. He wants to

do what others do. He is by nature active and venturesome and needs to

keep on the move. The mechanism itself appeals to him. He wants to work

in a garage. He is anxious to be a chauffeur. He cannot resist an

automobile. No such temptation should be placed before a boy. It has

added a great deal to the responsibility of parents and teachers, and so

far they seem not to have been able to meet that responsibility in any

way. Aside from the boys' thefts it has played a great part in crime.

The doctor, the real estate agent, the business man cannot afford to be

without automobiles. No more can the burglar, the hold-up man, the bank

robber, if he would keep up to date. The automobile has raised the

robbery of country banks from a vagrant crime, infrequent and dangerous,

to a steady occupation coupled with a great deal of excitement and some

chance for profit. So far no one has ever suggested anything to

counteract or lessen the evil effects except to increase penalties. The

crimes committed with and for automobiles are a result of the conditions

of life. Out of a thousand men and boys, a certain percentage must

commit these crimes just as a certain percentage must die of

tuberculosis. The temptation is very great. The human equipment is not

strong enough in many people to withstand the temptation. They either

buy them when they cannot afford to own them, or they steal them, and

either way leads to disaster. No doubt men will some time become

adjusted to the automobile as they have become adjusted to the horse,

but until that time comes, it will demand its heavy toll of

unfortunates.

Not only, it seems to me, does the growth of civilization mean the

growth of crime, but that civilization likewise leads to decay. The

world has seen the result over and over again, but it cannot learn. Man

is an animal; the law of his being demands that he shall live close to

nature; he needs the outdoors, the country, the air; he needs to walk

and run; otherwise his digestive apparatus will fail, his brain power

will decay, and the strength of his legs will be impaired. Civilization

runs too much to stomach and nerves, and Nature will have revenge. To be

sure, the professional American rhapsodist points out that we are immune

from natural law because we have a chance to vote for presidents once in

every four years. But there are ample signs that Nature knows little

about political institutions or other man-made devices and that she will

have her way.

How much the natural limitations of man will permit him to learn and

understand; how far his instincts and emotional nature would allow him

to be controlled by knowledge, if he had it; what would be the results

to life if reason could control him, are pertinent questions that affect

all discussion and which may never be satisfactorily answered. It is

entirely possible that the student who tries to point out better ways

and teach better methods does it only to satisfy his own emotions and is

often conscious that it does nothing else. But, whatever the inducing

cause or result, given a brain and nervous system and the material that

civilization furnishes for reflection, these and other important

subjects will be interesting topics of study and furnish material for

the reflective powers of man.

XXIX

WAR AND CRIME

All natural phenomena affect the activities of man. It has been

repeatedly observed that the number of crimes of assault and murder

increases in the summer months and fluctuates with extreme heat or a

cooler temperature. The nervous system of man is responsive to all sorts

of physical and psychological influences, and criminologists take these

into account in considering crime, as doctors take them into account in

treating disease. Man is influenced by substantially all the things that

affect other structures and by many things that do not. His nervous

system is more delicate, his emotional nature more complex, and his

brain permits the handling of impressions in a way not possible to lower

organisms.

The effect of war has always been manifest in human conduct. Man acts

largely from habit and custom; he does as others do, without reflection

as to why he should do it or why others do it. War is a sudden, violent

and spectacular destroyer of all established habits. In its conduct and

preparation it has rules of its own which have no analogy in civil

life. The battlefield is a reversion to the primitive; a reversion which

man finds it easy to make, for it appeals to fundamental instincts which

civilization holds in leash with great difficulty and never with entire

success. War especially appeals to the young. Their desire for activity,

their impatience with restraint, their love of the spectacular, their

untrained emotions, all find a ready outlet in war. Even those who are

too young to fight still read of it, talk of it, play at it to the

exclusion of other games. War is a profound and rapid maker of mental

attitudes and of complexes that are quick to develop and slow to pass

away. Both the quick development and slow decay are probably due to the

fact that war meets a decided response in the primitive nature of man.

Nearly all the newspapers of America are now calling attention to the

increase of crime since the close of the Great War. It is a topic of

pulpit and platform discussion. Wild appeals are made for convictions

and extreme penalties. Governors and boards of pardon and parole are

urged to refuse clemency to prisoners and are roundly condemned when

they do their plain duty, even though they do it very reluctantly and

tardily.

It is probably true that the close of the war has shown a large increase

in criminality, especially in crimes of violence. This is true not only

of America but of all European countries. In some of the most afflicted

ones civil government for a time has virtually broken down. Both the

great need for food and clothing and the overthrowing of conventions,

customs and habits are responsible for the change. Here we perceive a

notable example of the almost instantaneous disruption of established

folk-ways.

For more than four years most of the western world did nothing but kill.

The whole world talked of slaughter and devoted its energy to killing.

Every sentiment of humanity was forgotten. Even religious ties and

religious commands were ignored. The prayers to the Almighty contained

requests that He help the various fighting nations to kill their

enemies. Everyone was taught to hate. The leaders in the war knew that

boys could not do efficient killing unless they learned to fear and

hate. The most outrageous falsehoods were freely circulated by every

nation about its enemies and their conduct of the war. The highest

rewards were offered for new and more efficient ways to kill. Every

school was turned over to hate and preparation for war, and, of course,

all the churches joined in the universal craze. God would not only

forgive killing but reward those who were the most expert at the game.

The newspapers carried stories of battles every day, the dead and

wounded often running into the tens of thousands. None of the reports

was exact. Nothing was true. Everything was wild and exaggerated. Facts

were not strong enough to make an impression. Lies were deliberately

circulated to help the cause.

Every tradition and habit of life was broken and broken all the time.

The commandment, "Thou shalt not kill," was repealed. Property was not

only ruthlessly destroyed but openly confiscated. Lying was a fine art.

When this bears a harvest after the war, the public loudly clamors for

hanging boys whose psychology is a direct result of long and intensive

training by the leaders of the world.

One life is not worth considering in the face of the holocaust that has

taken its hundreds of thousands and has been defended in the schools and

churches. It is not strange that the after-war harvest of crimes should

come largely from boys, often those boys who did their part on the field

of battle. Whether they got the psychology from killing or reading or

hearing or playing soldier or training makes no difference. Everyone who

has any reasoning power knows that they got it, that it was deliberately

given to them if not forced upon them, and that just as deliberately the

state is killing them because they took it.

It is not alone the young who show this psychology of killing that has

grown out of the war. Organized society, the public, juries, judges,

pardon boards and governors, show that war has made them cruel and

wanton of human life. The great number of hangings since the war is

patent to all observers. In normal times juries were very loath to

pronounce the death penalty. With any possible excuse they always saved

life. Now they pride themselves on taking life. Even insanity does not

always prevent an execution.

Numerous are the evidences of the derangements the war has created and

left behind. A few years ago a prize fight would not have been permitted

in more than one or two states in the Union. Now state after state is

passing laws to permit prize fights to take place, and even the best

society has given its sanction to this sort of sport. Whether the state

should permit prize fights is not the question. The fact is, as everyone

knows, that it is permitted on account of a psychology growing out of

the war. We content ourselves with saying it will never do to raise our

boys as molly-coddles; they must learn to fight.

It is not alone murder that can be traced directly to the war

psychology. Robbery and burglary have rapidly increased, and much of

this is due to the emotions of boys. The robbing of country banks has

grown to be almost a pastime, and often one or more participants in

these raids is a returned soldier.

What should be done to meet these new conditions? Common honesty,

common sense and common humanity alike plainly show that a large part of

the crimes of violence are due to the war. Will hangings and life

sentences stop them? And, if so, is it right for organized society to

ignore its responsibility and place it on the young men that they

innoculated with the universal madness? It is expecting too much to

think that there is any process by which society can be made to think

and feel. Some day, however, when the war fever passes away crime will

again take its normal place.

This phenomenon is not new in the world. Everyone interested has noted

it before. It has followed all great wars. War means the breaking up of

old habits, the destruction of many inhibitions, which in the strongest

civilization are only skin deep at the best. It means the return to the

primitive feelings that once ruled man.

The Napoleonic Wars left a long heritage of crime. Every nation in

Europe was affected by them. Many years passed before the world grew

tranquil. Our Civil War brought its harvest of crime. It was felt both

North and South. It was not confined to homicide but was shown in all

sorts of criminal statistics, especially crimes of violence.

I do not write as a pacifist. There is nothing in the constitution of

man that makes pacifism anything but a dream. Man is largely ruled by

fear and hate, and it is not possible to imagine an individual or a

race that under sufficient provocation will not fight. Neither is it

possible that nations will not always, from time to time, find the

provocation sufficiently great. Individuals and nations can philosophize

and reason and make compromises when they are calm; but let them be

moved by fear and hatred, and these emotions will sweep away every other

feeling. The conditions for war were ripe in 1914, and it was inevitable

that America should be in it too. This should not make one wish for war

nor believe in war nor close one's eyes to its horrors and results. Much

less should it prevent him from trying to do his part to restore sanity

to the world.

Another consequence of war which America is passing through is the

spirit of super-patriotism. This is always aroused and must be aroused

to carry on the war. It is potent in creating the psychology that makes

men fight. Every people teaches that its own country is the best; that

its laws and institutions excel those of all other lands. This spirit is

taken advantage of and used by designing men. It is used to send to jail

those who criticise existing things. It is used to hamper and destroy

any effort to change laws and institutions. The one who criticises

conditions is a disturber and a traitor. Those who profit by existing

things are always intense patriots and by means of cheap appeals and

trite expressions seek to stifle discussion and criticism. This war has

borne a deadly harvest of restrictive legislation in America. We are no

longer an asylum for political offenders. We no longer stand for freedom

of speech. Old traditions and constitutional and legal guarantees have

been swept aside under the hysteria which has prevailed during and since

the war. These results were inevitable and will follow war as long as

man is man.

All the after-effects of the World War show how completely man is ruled

by forces over which he has no control. If considerable numbers of the

people have been moved by war hysteria, and if a large part of crime is

directly traceable to war, it seems plain that all human action could be

traced to some controlling cause, if only man could be wise enough and

industrious and humane enough to find the cause. It is plain that the

law of cause and effect influences mental phenomena as it does physical

acts, and sometime, perhaps, men will seek to avoid the effect by

removing the cause.

XXX

CIVILIZATION AND CRIME

As children we have all amused ourselves by looking into a kaleidoscope,

turning it around and around and watching the changing patterns formed

from the mixing bits of different colored glass in the other end. Each

turn makes a different pattern and each bit of glass seems to seek a

spot in the general medley where it can be settled until another turn

drives it to find a resting place somewhere else. The organization of

individual units into a group is more or less such a formation, each

seeking to adjust itself to a pattern and finding that the pattern is

ever-changing and the individual units obliged to seek new positions and

make new adjustments.

It is vain for social theorists to talk of a perfect order, a system of

social organization that will find the proper place for each unit and

bring social symmetry out of the whole. Such a society is not consistent

with the varied capacities and wants of men. Neither is a perfect order

possible with ever-changing and moving physical forces, with new mental

conceptions, with new needs and wants, with constant births and deaths,

and with the innate instincts of man.

Some system may be the best for a time but must in turn give place to

new formations. In this process the old is ever mixed with the new. The

past hangs on to plague the present, and the vision of the future

disturbs the quiet and stability that the present inherited from the

past. Organizations of society are necessary and automatic. The frost on

the window pane takes its pattern, the crystals in the glass and stone

have their formations, the grain of sand, the plant--all forms of animal

life--the solar system and, doubtless, an infinite number of other

systems which the eye cannot see or the mind comprehend take on form and

order. The symmetry and shape of any of these organizations may be

shattered by growth or catastrophe, and new forms may take their place.

All life is constant friction and constant adjustment, each particle in

a blind way trying to find a more harmonious relation, but never

reaching complete rest.

The social and political patterns that men have taken have been of many

forms. All through the past these have changed, and the laws and habits

that were meant to hold men together, have been made and discarded as

fast as new emotions or ideas have gained the power to make the change.

Men are of all degrees of adaptability. Some can readily conform to the

new. Some adjust themselves very slowly. Man's structure is fixed; his

inherent instincts are of ancient origin, always urging him to primitive

reactions; his habits are slowly formed and slowly changed. Slowly he

settles himself to the conditions that surround him. He learns their

demands; he manages to conform, but the folk-ways that he knew and the

way of life he learned must be changed to something else. Every new

adjustment, every change of organization, every modification made by

civilization, bears its toll of victims who have not been able to adjust

themselves to the new order.

The first criminal regulations, doubtless, had to do with the personal

relations of men. The number of offenses was small for life was simple,

wants were few, and ambition rare. The growth of religion created a

ferocious criminal code, regulating every thought and action that God's

agents thought might offend the Deity or threaten their power on earth.

Anyone interested in the story of punishment for heresy, sorcery or

other crimes growing out of religious fanaticism, can read the story in

Lecky's _History of Rationalism in Europe_, in White's _A History of the

Warfare of Science with Theology in Christendom_, in Draper's

_Intellectual Development of Europe_, and in many other books. The

Spanish Inquisition alone furnished about 350,000 victims in the two

centuries of its power. Many of them were burned alive, many others were

killed by the most cruel torture that could be devised by man. Up to

recent times more victims have been put to death for heresy and kindred

crimes against religion than for any other cause. Next to this no doubt

stand political crimes. Even America hanged old women for witchcraft, a

crime they could not commit. Practically all the victims of religious

and political persecution have been guiltless of any real crimes, and

among them were always many of the noblest of their age.

Every general change of religious or political ideas bears its quota of

crimes. For whatever the religious or political organization, it always

uses every means in its power to perpetuate itself. This is as true of

republics as of monarchies, although the severity of punishment and the

amount of heresy permitted change from time to time. Each age is sure

that it has the true religion and the God-given political organization.

In every age the accepted religion is true, and the king and the state

can do no wrong.

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