One thing only seems to be sure. Human nature does not change. Whether

it was the theological systems of the ancient world fighting to keep

Christianity out, or Christianity fighting to preserve itself, the same

cruel, bigoted, fanatical majority has been found to do its will, and

the same reasons and excuses have served the law from the earliest

times down to today.

A letter of the younger Pliny, who was then governor of Bythinia-Pontus,

a province of Rome, asking the Emperor Trajan for instructions in

dealing with the early Christians shows how persistent are intolerance

and bigotry. This might have been written yesterday to seek advice in

the suppression of opinion and punishment for sedition in any of the

most advanced governments of the modern world, as it was in the most

advanced of the ancient world. The letter is here reproduced as an

interesting exhibit of human nature and it fixity.

Pliny, the younger, was born in 61 A.D. and became governor of the

province of Bythinia-Pontus about the year 112 A.D. under the Emperor

Trajan. In the discharge of his duties as governor, Pliny discovered

that the conversion of many of his subjects to Christianity had resulted

in a falling off of trade in the victims usually purchased for

sacrifices at the temples and in other commodities used in connection

with pagan worship. As a good governor, Pliny sought to remedy this

economic situation, and his plan was to restore his subjects to their

old forms of worship. Thus he was brought into contact with

Christianity. The following letters, one from Pliny to Trajan, and the

other, Trajan's reply, show the situation. These documents are from the

Tenth Book of Pliny's Correspondence, Letters 97 and 98.

PLINY ASKING INSTRUCTIONS OF TRAJAN ON TRIALS OF CHRISTIANS

It is my invariable rule, Sir, to refer to you in all matters where

I feel doubtful; for who is more capable of removing my scruples, or

informing my ignorance? Having never been present at any trials

concerning those who profess Christianity, I am unacquainted not

only with the nature of their crimes, or the measure of their

punishment, but how far it is proper to enter into an examination

concerning them. Whether, therefore, any difference is usually made

with respect to ages, or no distinction is to be observed between

the young and the adult; whether repentance entitles them to a

pardon; or if a man has been once a Christian, it avails nothing to

desist from his error; whether the very profession of Christianity,

unattended with any criminal act, or only the crimes themselves

inherent in the profession are punishable; on all these points I am

in great doubt. In the meanwhile, the method I have observed towards

those who have been brought before me as Christians is this: I asked

them whether they were Christians; if they admitted it, I repeated

the question twice, and threatened them with punishment; if they

persisted, I ordered them to be at once punished: for I was

persuaded, whatever the nature of their opinions might be, a

contumacious and inflexible obstinacy certainly deserved correction.

There were others also brought before me possessed with the same

infatuation, but being Roman citizens, I directed them to be sent to

Rome. But this crime spreading (as is usually the case) while it was

actually under prosecution, several instances of the same nature

occurred. An anonymous information was laid before me, containing a

charge against several persons, who upon examination denied they

were Christians, or had ever been so. They repeated after me an

invocation to the gods, and offered religious rites with wine and

incense before your statue (which for that purpose I had ordered to

be brought, together with those of the gods), and even reviled the

name of Christ: whereas there is no forcing, it is said, those who

are really Christians into any of these compliances: I thought it

proper, therefore, to discharge them. Some among those who were

accused by a witness in person at first confessed themselves

Christians, but immediately after denied it: the rest owned indeed

that they had been of that number formerly, but had now (some above

three, others more, and a few above twenty years ago) renounced that

error. They all worshipped your statue and the images of the gods,

uttering imprecations at the same time against the name of Christ.

They affirmed the whole of their guilt, or their error, was, that

they met on a stated day before it was light, and addressed a form

of prayer to Christ, as to a divinity, binding themselves by a

solemn oath, not for the purposes of any wicked design, but never to

commit any fraud, theft, or adultery, never to falsify their word,

nor deny a trust when they should be called upon to deliver it up;

after which it was their custom to separate, and then re-assemble,

to eat in common a harmless meal. From this custom, however, they

desisted after the publication of my edict, by which, according to

your commands, I forbade the meeting of any assemblies.

After receiving this account, I judged it so much the more necessary

to endeavor to extort the real truth, by putting two female slaves

to the torture, who were said to officiate in their religious rites:

but all I could discover was evidence of an absurd and extravagant

superstition. I deemed it expedient, therefore, to adjourn all

further proceedings, in order to consult you. For it appears to be a

matter highly deserving your consideration, more especially as great

numbers must be involved in the danger of these prosecutions, which

have already extended, and are still likely to extend, to persons of

all ranks and ages, and even of both sexes. In fact, this contagious

superstition is not confined to the cities only, but has spread its

infection among the neighboring villages and country. Nevertheless,

it still seems possible to restrain its progress. The temples, at

least, which were once almost deserted, begin now to be frequented;

and the sacred rites, after a long intermission, are again revived;

while there is a general demand for the victims, which till lately

found very few purchasers. From all this it is easy to conjecture

what numbers might be reclaimed if a general pardon were granted to

those who shall repent of their error.

TRAJAN TO PLINY

You have adopted a right course, my dearest Secundus, in

investigating the charges against the Christians who were brought

before you. It is not possible to lay down any general rule for all

such cases. Do not go out of your way to look for them. If indeed

they should be brought before you, and the crime is proved, they

must be punished; with the restriction, however, that where the

party denies he is a Christian, and shall make it evident that he is

not, by invoking our gods, let him (notwithstanding any former

suspicion) be pardoned upon his repentance. Anonymous information

ought not to be received in any sort of prosecution. It is

introducing a very dangerous precedent, and is quite foreign to the

spirit of our age.

Civilization is largely a question of new machinery and methods. It is

not the humanizing of men. It is plain that no matter what the time or

age, the characteristics of man remain the same. His structure does not

change; his emotional life cannot change. New objects and desires may

control his feeling, but whatever the aim of the age and place, the same

inherent emotions control.

Intolerance has been one of the great sources of evil all down the ages.

It is practically certain that neither time nor education has made man

more kindly in his judgment of his fellows or more tolerant in his

opinions and life. All that education can do is to remove some of the

inducing causes that have always brought the sharp conflicts and

awakened the cruelty of man.

Every civilization brings new evils and new complexities which man meets

with the same machine and the same emotions. It is fairly certain that

no nobler idealism or no finer feelings have been planted or cultivated

in man since the dawn of history, and when it is thoroughly realized

that man's structure is fixed and cannot be changed it seems as if none

could be developed.

XXXI

THE CONVICT

Human nature is so weak and imperfect that, at its best, it needs all

the encouragement it can get. The comradeship of friends, and the

attitude of the public and acquaintances are of the greatest importance

in effecting the development of most lives. Sooner or later the

convicted man is turned out either on probation or parole, or at the

expiration of his sentence. He was probably none too strong a man before

his conviction. His heredity was poor in most cases, and his environment

completed his downfall. He faces the world again with a serious handicap

that he did not have at first. If he had just recovered from a severe

illness, everyone he met would do all he could to help him; his

environment would be made easier than before his confinement in the

hospital; and especially from the conditions that placed him there, both

society and his neighbors would try to see that he should, as far as

possible, be saved. If he had been one of those who could live only by

means of his own work, and if on account of himself or his family he had

been obliged to over-strain, an easier place would probably be found

for him. The chances of going to the hospital the second time would be

very much less than they were the first time. Even his experience in

confinement would be of use, and through that experience he would be

taught to live and preserve his health.

The discharged prisoner is met in an entirely different way. The

ex-convict is under doubt and suspicion from the start. On the slightest

provocation he is reminded of his past. He is always under suspicion

unless, perhaps, he professes a change of heart. Such a change implies a

physical process which is impossible. Some sudden exaltation may furnish

him a new emotion for a time, but this can last only while the stimulus

has power to act. It will soon pass away and the man will be himself

again. It may be possible that here and there is a nature of such an

emotional temperament, that religion or socialism or single tax or some

other strong conviction may possess him until such time as his feelings

begin to cool and change, when he will be safe. But most men are

inherently the same when they come out of prison as when they go in.

Under right treatment they may gain a little more wisdom as to life that

will help them make adjustments; or they may be relieved from some

burdens, or placed in an environment of less stress and strain where it

will be easier to live. In those cases, the attitude and help of the

community are all-important.

Society is not entirely to blame for looking on him with suspicion. It

knows he once failed. It has been taught that this failure was due to a

moral delinquency outside the law of cause and effect, and society is

naturally suspicious that he will offend again or molest the community

in some other way. Had he been confined because he had not the strength

to meet his environment; had the law put him in custody under expert

control until he gained the strength for his battle with life; or had a

new environment been provided under scientific direction as in the case

of a hospital patient, society would then take another view and do all

it could to help him. New comrades and associates would surround him to

show him the way, and they would make his burden lighter. Instead of

this, he comes out with his ability to adjust himself to life lessened.

If a crime is committed in his community he is blamed or at least

suspected. He is known to the police and often "rounded-up." This

directly interferes with his employment, places him at a disadvantage

with his associates, and drives him into the company of others who feel

that the world is against them and that a life of crime is all there is

left to follow. It is not hard to see how men come to be "repeaters." It

is hard to understand when they do not.

XXXII

ISOLATION AND STERILIZATION

The growing belief that crime comes largely from the subnormal has

created a more or less definite demand for the isolation of the moron

before the commission of crime and for the sterilization of certain

misfits, especially after conviction. Both of these methods are very

drastic, and while society must and will adopt any way that seems to be

necessary to protect itself, still before accepting such drastic

remedies it should be very clear that the danger is sufficiently great

to justify the means, that the desired result will follow and that no

other means will bring about the end.

In this discussion it should be remembered that the mental

classification of children and grown-ups is only in its infancy, that

much that is freely stated is still in the realm of theory, and that

time and patience in making investigations and classifying facts are

most important in arriving at correct results.

The really intelligent are as abnormal as the defective. The great

masses of men are rather mediocre, and those above and below are

exceptions. This depends on how broad is the class included in the

normal. There are no sharp divisions anywhere; above, the normal shades

imperceptibly into those of unusual intelligence, and below it fades

just as gradually into the sub-normal. While defectives are more apt to

commit crimes, in the main this is because their environment is too hard

for their machine.

The sub-normal are probably more tractable and less disposed to the

emotions that lead to criminal acts than are the more intelligent. Their

crimes are especially noticed because they seem to be without any

serious motive and often shockingly brutal. City life most readily

uncovers the sub-normal. This is true because the strain is far greater

in the city than the country. There are exceptions to this rule,

particularly those portions of the country that are barren and

unproductive territory into which the venturesome and obvious unfits are

drawn.

The prisons are not the only places which are inhabited by the

sub-normal and the misfit. The hardest and most disagreeable and most

poorly paid labor is largely done by this class of people. Very few

people of superior intelligence and education do manual labor and the

more disagreeable the manual labor, the more certain it is that the job

is done by the sub-normal and the misfit. A large part of the farm

labor, the odd jobs and common labor in small towns, the cheaper labor

on railroads, in factories and all industrial plants is given to this

sort of men. In the country and small village, where life is easy, this

class seldom makes trouble and is hardly known. These men and women

easily and naturally fall into a place in the industry and society of

the village and are often among the most useful members.

A general examination of all men to discover the defective and the

sub-normal, coupled with a demand that all such be sent to some place of

confinement, would meet with such a protest from all classes seriously

affected as to end not only the demand but the further agitation of the

subject. Any such law, if carried out, would not only seriously increase

the cost of all industry, but in many instances would make it impossible

to carry it on. It is hardly conceivable that above the idiot, society

shall make examinations and tests and confine or sterilize large classes

of people who have not yet developed anti-social tendencies, but who on

account of feeble intellects might sometime commit crime.

The world has ample data at hand to show more humane and at the same

time much cheaper ways, even methods that will yield a profit. These

ways have been abundantly illustrated by history and can be witnessed in

operation every day.

England was repeatedly conquered and settled by brigands and misfits.

When her people grew more homogeneous and orderly she sent her

anti-social to New Zealand and to Virginia. In New Zealand with its

opportunities these outcasts and their descendants prospered and were as

orderly and conventional as the English society that banished them for

England's good. The colonies in Virginia with access to land and a

chance to make homes for themselves established a social order and

formed communities more prosperous than the ones that sent them out.

Many of their descendants are now successful and important members of

every western state.

In fact, most of the European immigrants who have settled in the United

States were the poor and the outcast, the misfits of European countries.

With better opportunities and a chance to build up homes in a new land,

their descendants are at least the equals of those who stayed behind.

The growth and development of the United States westward from the

Atlantic seaboard has been effected by the poorer and less intelligent,

but often the more venturesome, who constantly turned West to get

cheaper land and a better chance. The residents of these western states

compare very favorably with those who still reside in the sections of

the country which these pioneers left behind. It cannot be shown that

the less intelligent have criminal natures. All that can be shown is

that they have a poorer equipment to meet the stress and strain of

life. To make most of this class safe, all that is needed is fairer

conditions and an easier environment. If society could only recover from

the obsession that what is necessary to regulate man is plenty of

prisons and harder punishments, it would be fairly easy and infinitely

cheaper to improve the environment from which crime springs than to

visit vengeance on the victim.

The effect of education is very great. Many a subnormal and backward

person has been educated so he could take a place in life that those

with a much greater natural ability could not fill.

Beyond the segregation of the imbecile, the insane and those who have

committed crime, it is dangerous to go. The course of preventing crime

lies in the other direction, better opportunity and an easier life.

It has grown to be a commonplace in the discussion of crime to speak of

isolation and sterilization as the proper treatment of the criminal and

defective. This is generally done without any clear understanding of the

laws of heredity.

The laws of the transmission from parent to child of traits and

tendencies are not yet well enough known to justify any attempt to

interfere with the function of life, except in the case of the idiotic.

It is plain that crime cannot be inherited. Certain defects in the brain

and nervous system can be and are inherited. No brain or nervous system

is perfect, so the problem is one of the incapacity which causes the

maladjustment. Crime results from defective heredity when applied to the

environment. It comes from the inability of the machine to make the

necessary adjustments of life. The making of the criminal is largely a

question of his fortune or misfortune in the environment where he is

placed. It is absurd to say that one inherits the tendency to rob or

rape or burglarize or kill. He may inherit an unstable organization that

in certain hostile environments will lead him to any of these crimes.

For that matter all men inherit the organization that will bring these

results if the environment is sufficiently hard. Society may in many

ways place too high a value on human life. Still we punish men who place

too low a value on the lives of others, and the state should be very

slow to destroy life or the capacity for life.

There is much to learn, much to explain about the mysterious workings of

heredity, before man can undertake to say that he has the wisdom or

justice to choose the ones who should be the bearers of life to the

future.

It is most common to find in the same family various degrees of

intelligence. Now and then a man of such high powers and faculties is

born that he is regarded by scientists as a "sport" who defies all

known laws in his origin. Often one person in a family is of commanding

strength, while the rest are commonplace.

The insanity and disease that afflict many men of genius is well known.

Grasset in his book _The Semi-Insane and the Semi-Responsible_ has given

a long list of eminent names. Many great authors have depicted insanity

in their most gifted characters. Genius is frequently an indication of

insanity. It is a wide departure from the normal.

The obscure and lowly origin of many of the world's greatest men seems

to point to the fact that Nature has methods that man cannot comprehend

and with which it is not wise for him to interfere. The fact is that

genius, or even great strength or ability in the parent, is by no means

sure to be handed down. In fact, it is very rare indeed that such

unusual traits persist. That sterilization should follow as a punishment

for sex crimes is without any sort of logic except that sterilization

relates to sex. The whole idea is born of the hatred or loathing of

certain crimes.

Generalizations have been made from a few poorly authenticated cases,

and these generalizations have gone far beyond anything that the

evidence can justify. It does not follow that because the father and son

have black hair, or the mother and daughter have blue eyes, or that

their mannerisms are similar, that inheritance is responsible for

character, much less for crime. Certain things are clearly traceable to

heredity. Other things may be the result of association or what to us

must still be accident.

Often the fact is pointed out that great progress has been made in the

culture of plants and the breeding of animals. This is true. No

intelligent farmer to-day would think of raising any but the best stock.

He takes pains with the breeding of his cattle. If he wants rich milk

and butter, he breeds Jerseys or Guernseys. If he wants a larger

quantity of milk and a fair beef animal, he breeds Holsteins. If he

wants beef only, perhaps he raises Durhams. At any rate he knows what he

wants and breeds that kind. Similarly the horse-raiser will breed for

race horses or dray horses as the case may be, and the system works with

almost mechanical certainty. He gets what he wants and would never think

of raising scrubs and taking a chance on results. The effect of

selective breeding and culture is beyond dispute, and to many it seems

obvious that all that is needed to perfect the human race and wipe out

misery and crime is to supervise human breeding in the same way, so that

the species may be controlled.

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