Chapter V.

ELIMINATION--DR. CHAPPLE'S PROPOSAL.

In the last chapter it was shown that capital punishment sought for its

justification in the theory that certain criminals had assumed an

attitude of permanent and aggressive hostility towards society. Their

presence in society is regarded as a menace to human life, and no moral

improvement is expected to result from their imprisonment. So hopeless

is this class of criminal regarded as being that, so it is declared, no

other policy save that of extermination can be considered.

In primitive society criminals were less numerous than in our own time;

but those that did then exist belonged, almost all of them, to the worst

type. There being no public institutions for the administration of

justice, practically one course only remained open, and that was, that

the person wronged should seek to avenge himself as best he could, and

the death of the wrong-doer was generally the satisfaction that he

sought. As civilization has advanced, criminals have become more

numerous; but they have taken to crime by more gradual steps. Society,

too, has deprived the individual of the right of wreaking his own

vengeance, and has erected institutions for the purpose of determining

guilt and apportioning punishment. From the days of Noah, deeds of blood

and other crimes of a serious nature, have been punished by death and

from then, until this present day, the one idea underlying the

administration of justice has been that society should get rid of its

criminals as speedily as possible. Repression alone was thought to be

efficacious, reformation was scarcely thought of.

Of late years the criminal has been more carefully studied by his

fellow-beings. Some have studied him as a monster and believed him to

have the heart of a beast; others have studied him as a man and had

faith in his possibilities. The former have noticed the failure of

repressive methods, such as flogging and other penal severities, and

have in despair been led to advocate that the only possible remedy is

that of extermination. The latter have discovered that the failure of

these repressive methods but imposes upon society the obligation of

adopting a system of an entirely different order and with an entirely

different object, viz: a system for the reformation of the criminal.

The "exterminators" have studied the criminal objectively and have had

regard to his crimes only; the reformers have studied him subjectively

and have had regard to his possibilities. The policy of the

"exterminators" must be condemned on this ground, viz: that they have

made but a half study of their subject, and they do know, and they

refuse to listen to, of what the criminal is capable. Neither do they

estimate the capacity of the enormous social power that may be attached

to the criminal's own, but feeble, effort so as to raise him up, even

from the deepest depths of vice and villainy. The careful subjective

study--the truly humane study--of the criminal, has shown that all

theories which would declare any man to be incapable of improvement, are

to be condemned absolutely. The possibilities of reform exist in every

case, and the probabilities are never to be denied. None can gainsay

this statement nor can it be termed extravagant, for with the imperfect

machinery now in use results are being attained which justify every

syllable of it. Yet in the face of these results, the "exterminators"

still proclaim their policy. They bid us be deaf to the voice of

prejudice and follow the true light of science, ever remembering that we

are passing through a wonderful stage in social evolution! But the

policy that they adopt belies that which is indicated in all this fine

talk. They say that we must exterminate the criminal, and this is

nothing less than an acknowledgement that, to their minds, the problem

of the criminal is one of outer darkness and that we have no means of

ever penetrating it. They would take us back to a period anterior to

Adam.

Prejudice, indeed, needs to be overcome, but it is the prejudice that

prefers vengeance to mercy. And if we follow the true light of science

it will lead us to discover that the criminal is best got rid of by

converting him into a useful citizen, or to be more exact, society's

best effort is to be directed towards separating the crime from the

criminal.

Recently a Wellington medical gentleman (Dr Chapple) published a work

entitled "The Fertility of the Unfit." The problem which this gentleman

attempts to grapple with in his book is the disproportionate rate of

increase among the numbers of the unfit to the fit members of society.

Under the classification of the unfit he places all those persons who,

on account of mental, moral or physical defect, constitute a burden to

society. These are, principally, the epileptic, the pauper, the insane

and the criminal. These either will not, or cannot support themselves

adequately and legitimately. For their treatment support and correction,

hospitals, asylums, charitable aid boards, gaols and other institutions

have had to be established, and the upkeep of these has become a great

burden which necessarily has to be borne by the healthy, moral and

industrious section of the community.

Dr Chapple draws attention to the undeniable fact that there is a

tendency on the part of those unfit to increase at a greater ratio than

the fit. The rate of increase during the past twenty years has been so

great and so disproportionate as to make the cost of their maintenance

become an increasingly heavier one for the individual taxpayer to bear,

and to cause for this and other reasons, a considerable amount of alarm

in the minds of those who have the welfare of society at heart.

The Doctor believes that the cause of this proportionate rate of

increase is to be found in the methods adopted largely among certain

classes for the prevention of child-birth.

In the conclusion of his book he states that sexual inhibition on the

part of the better classes accounts for their smaller rate of increase

as compared with the rate of the inferior classes. We cannot accept this

conclusion without more evidence. We want to know definitely whether the

natural rate of increase among the better classes is really lower than

that existing among the inferior classes. That is to say, are the ranks

of the defective being swelled by the influence of heredity or by some

extensive force recruiting from among the ranks of the fit? Another

question is this: Since the use of preventives is available to both

sections alike, the Doctor accounts for the supposed natural

disproportion by assuming that the better classes restrain themselves.

Is he right? Using the word "restrain" in its absolute sense we beg

leave for most emphatic doubt. In an enquiry such as this is, the only

factor of any real importance as accounting for a diminished birth-rate,

is the use of preventives. If this method is confined to the better

classes, we must refuse to call them any longer our "best stock," for,

if they are not producing a defective offspring, they are, as the recent

Australian Birth-Rate Commission has made abundantly plain, speedily

making defectives of themselves, besides being guilty of lowering the

social moral tone and hardening its sensibility. We are strongly of the

opinion that the diminished birth-rate does not account for the increase

in the number of criminals and defectives further than that the use of

preventives discloses a species of criminality.

Nevertheless, Dr Chapple proposes, not so much to restore the

equilibrium as to get rid of the defective altogether. He assumes that

defectives are born and not made, and then makes enquiry into the best

possible means for the prevention of their birth. After passing several

methods in review, he accepts an operation known as tubo-ligature as

being the best from all points of view. This operation will render the

female permanently sterile without having any deleterious effect upon

her health. Absolutely no result follows, he assures us, but sterility.

If the wives of all defectives were operated upon in this way, Dr

Chapple assures us that the problem concerning the defective would

speedily be solved and society would be the happier and wealthier in

every way. The proposal might give something of a shock to the moral

conscience but such a shock would only unfit us for our work. The

criminal is upon us, he threatens us, and we must protect ourselves. The

necessities of the case are so pressing and so urgent that we seek for

the most effectual remedy and use it unhesitatingly when we have found

it. Here it is, says Dr Chapple, and its morality is determined by the

relief which it, and it alone, is able to bring.

What are we to do? Why, sterilize the wife of the defective. As the

criminal is most harmful of all defectives he is summoned to come

forward first and to bring his wife with him, when behold, the man

turns up alone. Where is his wife? Why, he hasn't got one. Has Dr

Chapple considered this fact? Did he know, when he made the statement

that it was a matter of common observation that the criminal was among

those who had the largest families, did he know then that the criminal

rarely married? It cannot be said that the criminal's wife is as rare as

the Great Auk's egg, but Havelock Ellis states that "among men criminals

the celibates are in a very large proportion." And Fere further supports

the value of the statement for our present purpose by saying that

"criminals and prostitutes have this common character, that they are

unproductive. This is true also of vagabonds, and of the idle and

vicious generally, to whatever class they belong."

Two years' experience as a prison chaplain may not be of much value, but

it certainly conveyed the impression that the majority of the criminals

were young men who were unmarried.

But Dr Chapple adduces evidence. He tells us of a family in which there

were 834 persons the descendants of one woman. Of this family 76 were

convicts, 7 were murderers, 142 were beggars, 64 lived on charity. Among

their women 181 lived disreputable lives, and in 75 years this family

cost their country L250,000 in alms, trials, imprisonments, etc. What

family is this? If the following comparison is conclusive in its results

then it must be the "Jukes" family.

Dr Chapple's

Case. The "Jukes"

Number estimated 834 834

" definitely traced 709 709

" of criminals 76 76

" convicted of murder 7 7

" of beggars 142 142

" receiving alms house relief 64 64

Illegitimates 106 106

Period reviewed 75 years 75 yrs.

Cost to State L250,000 L250,000

If it will be allowed that the agreement in these nine lines of

statistics establishes the identity between the two cases, then the

evidence may be examined.

In the first place, the "Jukes" family is the most exceptional one known

in the history of crime, and it must be treated as an exception and not

as an example. In the second place, these 834 persons were not descended

from one woman in 75 years but from FIVE women who were the legitimate

and illegitimate daughters of an old Dutch back-woodsman who lived in a

rocky part of the State of New York and who is known to criminologists

as "Max Jukes." My authority for declaring that there were five female

ancestresses during the period reviewed as against one, stated to be the

case by Dr Chapple, is Mr R. L. Dugdale, who made a close personal

investigation of the life and records of the family. He himself

collected the statistics that are given above and which are identical

with those given by Dr Chapple's authority, Prof. Pellman, and

therefore one must conclude that Prof. Pellman has studied the case at

second hand and, in this important detail, is in error.

That 834 persons should have descended from five persons in 75 years

covering five generations, exclusive of the 5 ancestresses, does not

strike us as evidence of an exceedingly prosperous birth-rate. If there

had been another thousand descendants it would not allow for an average

of 3 children to grow up and marry in each family. We may then set aside

the contention that the "Jukes" were enormously prolific.

Still the "Jukes" were an enormous cost to their country, and surely we

should prevent such a family ever appearing in our midst. The answer to

this is that the "Jukes" have only appeared once, and, so far as our

community is concerned, our social progress makes their reappearance

absolutely impossible. The "Jukes" were a tribe of vagabond outlaws.

They gained a livelihood by fishing, hunting, robbery, and intermittent

work. They lived in a rocky, inaccessible region in the lake country of

the State of New York. Their criminals were able, with a considerable

measure of success, to defy the police, and travellers very rarely

approached the vicinity of their habitat. Some drifted into the towns

and villages. A proportion of these supported themselves by honest

industry, and a proportion became a burden upon the rates; Such nests of

criminals can exist only in partially civilized countries. The advance

of civilization extinguishes them. Nowhere in New Zealand could such a

tribe prey upon and defy society for a period of two weeks together. The

criminals that we have to deal with are those which society produces not

those which it extinguishes.

But if the "Jukes" were at all reproductive what is the difference

between them and other cases of criminals? Principally this, that the

"Jukes" formed a little society of their own in which marriage and

co-habitation was the rule. Of their women 52 per cent. were

disreputable; but Dugdale refuses to call them prostitutes, but rather

harlots, indicating that their marital relations were of the order of a

progressive polyandry and by no means unproductive. Under these

conditions, a fairly large natural increase is not to be wondered at.

No such family has, nor could, exist in the midst of our civilization,

but as the case is advanced, not to show a distinct species of

criminality, but rather as an example of the rate of natural increase

that may be expected of a criminal family, we will examine and compare

the conditions of life existing among the "Jukes" and the criminal that

we have to deal with and thus discover features among the latter which

militate against a large birth-rate; but which are not present among the

former.

Our criminals, for the most part, commence their career of crime at an

early age. The Rev. W. D. Morrison of Wandsworth Prison, England,

declares that the most criminal age is reached between the years of

twenty and thirty. This holds good, he says, for Europe, Australia, and

the United States.

It is a mistake to suppose that a man first commits crime and then

plunges headlong into vice. Though true in some cases, it is exactly the

reverse course which is followed in the majority of cases. After having

passed with a measure of success through the milder domestic and

scholastic spheres, the youthful criminal become a failure in the

severer social or industrial sphere. Some criminologists go so far as to

say that the majority of criminals have displayed distinct evidences of

criminality at so early an age as sixteen years. Whatever may have been

the cause for committing crime, the crime itself shows that the youth

refuses to acknowledge the obligations which an organized society lays

upon him. This refusal extends practically throughout the social order,

and neither is it confined to this order, but extends also to the moral

order and is shown in a total disregard for the matrimonial state. The

youth gives way to natural appetites and associates himself with women

of low repute. He is of wandering habits, works, when he does work, but

intermittently, is restless, and totally disinclined towards matrimony.

Socially, industrially and morally he is unstable. It is these

conditions of his life which so contrast him with that species of

criminality which the "Jukes" family presents. And it is these same

conditions which support the statement of Fere and Ellis, that he is

generally a celibate and non-productive. Concerning the progeny of the

female criminal there is little to say except that the causes which

chiefly account for the male criminal operate to produce the prostitute

among women, and therefore criminal women are in a very small minority.

Of these criminal women, Lombroso says that they are monsters who have

triumphed over the natural instincts of piety and maternity as well as

over their natural weakness. They are bad mothers, and children are a

burden to them from which they will readily rid themselves.

Notwithstanding Dr Chapple's evidence, it is conclusive that his

statement that criminals have the largest families, is entirely opposed

to fact, indeed the exact reverse is the case.

So far as the criminal is concerned, one may well ask whether he has not

set himself to the useless task of threshing straw.

The question concerning the proportionate rate of natural increase among

all classes of society is one which provides one of the fundamentals

upon which Dr Chapple has based his proposal. Instead of enquiring into

the actualities of this question he has assumed them, and from his

assumption proceeded to his result. His assumption that the better

classes use preventive means which the inferior classes do not use, is

open to challenge; that there might exist among the inferior classes

causes peculiar to these classes which militate against their increasing

naturally, he has failed to notice. There do exist such, and so potent

as to disprove entirely his statement that the problem is one for the

solution of which we must search deep down in biological truth. The true

solution will not be found in biological truth but in sociological

truth, and there fairly near the surface.

As Dr Chapple's evidence entirely fails, the conclusions of expert

criminologists must be accepted, viz., that criminals are

characteristically unproductive, and that, among male criminals, the

celibates are in a large majority. As, from these reasons, the vast

majority of criminals cannot be the descendants of a criminal ancestry,

obviously tubo-ligature will not meet the case.

So far indeed the criminal descendant from criminal stock has alone been

considered, whereas a large number of criminals have come from a drunken

or from a pauper ancestry. Statistics indicate that 33 per cent. of

criminals come from an intemperate ancestry and 2 per cent. from a

pauper one. But in both cases, environment has a great deal more to be

held responsible for than has heredity. It is the conditions of the home

life which make the drunkard's child a criminal, and the same applies

with equal force to the pauper's child. So that, if drastic measures are

to be taken with these classes, surely such measures will proceed

gradually from the mean to the extreme, and severe measures will not be

employed until milder ones have failed. Where the question is one of

environment it is the man's character and habits which have to be dealt

with and not his nature. Environment is always capable of modification,

and, when improved, the result is invariably a beneficial one for those

concerned. So that the least that may be said for the criminal

descendants of drunken ancestors is that a better way exists and should,

by all moral laws, be first adopted.

Further difficulties, of a physical, rather than moral nature, also

exist.

And here again Dr Chapple has assumed another fundamental position. Is

it too much to require of him that he should prove that, where criminals

have sprung from a defective ancestry, this defect should be invariably

transmitted? That, in short, a criminally defective ancestry is an

invariable cause producing a criminal descent. (Note.--By criminally

defective ancestry we mean the ancestry from which criminals spring. It

may not itself be criminal. It may be drunken or pauper.) Such an

important question cannot be assumed; positive proof is demanded, and

this is nowhere forthcoming in Dr Chapple's book.

If it were allowed that criminals were the most prolific of all classes

of society, this question of heredity would still have to be cleared up

before such a proposal as tubo-ligature were seriously discussed, for

surely so drastic a remedy would never be employed except under the most

positive conditions, that is to say, that this operation would never be

employed until it had been ascertained, with scientific precision, that

the birth of degenerates, and degenerates only, was being prevented.

Dr Chapple failing to illuminate us upon this point we inquire, does a

criminally defective ancestry invariably convey to its offspring a taint

disposing it towards crime? Or can it ever be ascertained that a certain

given ancestry will certainly produce criminals?

In the treatment of the subject of heredity it has been made clear that

on account of the vicious habits of the criminal he is apt to transmit

to his offspring a physical defect which will make it difficult for him

to adapt himself to the conditions of the society in which he is placed.

This difficulty becomes almost, though not quite, insurmountable when

the environment is one in which the practice of vice and dishonesty is

easier than that of virtue and thrift.

The transmission of a taint which is a cause of criminality cannot be

denied, but the close investigation of the criminal and of his family

has revealed the fact that among the comparatively few criminals who are

parents they do not all transmit a taint or defect to their offspring,

nor among those from whom a taint has been transmitted has it

necessarily been transmitted to every child.

The "Jukes" family being the most exceptional of all cases in which

criminal heredity may be observed can be investigated for the purposes

of discovering the extreme affirmative which the question proposed can

give. The answer is an emphatic no. When the "Jukes" intermarried there

was, strange as it may seem, almost an entire absence from crime in the

family following upon such union. When they married into other

families, crime frequently made its appearance. This, at least, shows

that an hereditary taint is not invariably conveyed. It may be claimed

that it proves that, under certain conditions, such taint is conveyed;

but in cases of this nature we do not reach our particular and exclusive

affirmatives anything like so rapidly as we reach our particular and

exclusive negatives. The negative is often obvious, the affirmative

generally remote. It may be that by cross marriages the element of

virility, necessary to maintain criminality, is sustained: but if that

were so it would be expected that pauperism would necessarily result

from consanguineous marriages which is not so far the case as to

indicate cause and effect. A more plausible suggestion is that in

consanguineous marriages there is a tendency for the family ties to be

reunited and the family ideal restored. Such, of course, effectively

disposes of criminality. Of the three grandsons of Ada Jukes, who were

themselves the sons of her one illegitimate son, their family report is

as follows:--The first was licentious, a sheep-stealer, quarrelsome, and

an habitual drunkard. He married a disreputable woman and had several

children. Of his seven boys, five were criminals. The second grandson

kept a tavern and a brothel and was a thief. He married a brothel

keeper. Of his six sons, two were criminals. The third grandson was

industrious but occasionally intemperate. He married a woman addicted to

the opium habit. Of his four sons, none were criminals. These are

fairly average cases, and they, at least, affirm very distinctly that

the criminal does not always transmit a taint to his child which will

dispose that child towards crime.

Although in the cases cited above only some 40 per cent. of the children

were criminals, it must, however, be observed that a great deal of

criminality goes unpunished, so that we might fix the average at 75 per

cent. and be more exact. Of the 75 per cent. we must find out whether

their heredity or their environment was the cause of their being

criminal. Dugdale's observations led him to conclude that heredity is a

latent cause which requires environment for its development. These 75

per cent., however, will be referred to again. There being 25 per cent.

honest and industrious, brings us face to face with a question affecting

the morality of Dr Chapple's proposal.

Since then all the children of criminal ancestry are not themselves

criminal or likely to become criminals through an hereditary taint, can

a proposal be accepted which would not only prevent the birth of the

hereditary criminal, but would also prevent the birth of several persons

who would have become good and useful citizens.

Thus far only the criminal descended from a criminal ancestry has been

considered, whereas, as was stated previously, there are a considerable

number of criminals termed "hereditary" criminals who are descended from

a drunken ancestry. The proportion of these is about 33 per cent. of

the whole. The impossibility of the success of Dr Chapple's remedy is

very apparent from the insurmountable difficulties that would be

experienced in determining with exactitude when a person was so

degenerate in his own system as to make it positive that his prospective

offspring would be born a criminal defective. Uncertainty, in this

matter, reigns supreme.

There must remain then but very little support for Dr Chapple's proposal

when we discover firstly:--that the criminal is very rarely a parent,

and secondly:--that in every case a taint is not transmitted from parent

to child. Its sphere of effectiveness is restricted by the very

circumstances of the case, and even within that restricted sphere its

operation would be most clumsy for it would prevent the birth of all a

criminal's children, good and bad alike. Thus it would become both a

moral and economic failure.

Dr Chapple has taken it for granted that a criminal's rate of increase

is at least equal to the average if not indeed, for certain reasons,

considerably greater, and that he in all cases transmits an hereditary

taint to his offspring. Then he seeks for a remedy whereby the

transmission of this taint may be avoided and he can find none other

than one which prevents the very possibility of the prospective child

being born. Before coming to such a drastic conclusion enquiry might

have been made to discover whether there might not exist a remedy which

would be a remedy in the truest sense. That is a remedy which would,

while it would prevent the transmission of the taint, yet it would not

interfere with reproduction. Such a remedy would be in fact a method for

the reformation of the criminal, for if the criminal were reformed the

problem would be solved. If he were transformed into an honest and

industrious man then the transmission of the criminal taint is at once

prevented. There are some, however, who maintain that the criminal is

incorrigible and that reformatory agencies have invariably failed. They

look upon all attempts on behalf of the criminal as a useless

expenditure of energy and money. This question of the possibility or

otherwise of the reform of the criminal must now be settled before we

can proceed further.

Is the criminal incorrigible? Some criminals do not ever reform because

they cannot. These are insane. Some do not because they will not; but

these may. The many who pass through our gaols and show no signs of

reform does not prove that although they may reform they never will. If

nine hundred and ninety-nine cases were observed of men resisting reform

it would not prove the impossibility of reforming the thousandth. It

would point to the difficulty, the remote probability or the need of

different methods; but it would not determine the impossibility. When

the term "incorrigible" is applied to certain criminals it does not mean

that these men are incapable of reform; but they are RESISTING

reform; and no one can tell when or whether the most obstinate of these

will surrender his will to the dictates of conscience and commence a

life of reform. The possibility is always an open question. No better

testimony can be brought forward than that of Mr Z. R. Brockway, late

Superintendent of the New York State Reformatory at Elmira. Mr Brockway

is one of the pioneers in reformatory work and is considered the

greatest living authority upon the subject. Some 10,000 felons have

passed through their hands. Speaking at the Fourth International Prison

Congress held in St. Petersburg in 1890 he said:--"There is a sense in

which nothing that lives is incapable of betterment, and so strictly

speaking there are no incorrigible criminals. If it is possible to grasp

the thought and cherish it, we should endeavour to discover in the very

worst characters some spark of humanity which unites us all in ties of

relationship, some secret soul-chambers where superhuman influences may

find lodgment, and so with good leaven pervade the whole man; at least

we may find in our sphere a field for most fascinating scientific

research and experiment.

"I record it as my own conviction, after nearly a lifetime spent with

and for criminals, that alike for all, corrigible and incorrigible, the

aim to accomplish reformation is a true one. It most surely supplies all

possible repression upon the criminal classes in society.... The aim of

reformations is absolutely essential to any good degree of public

protection from crimes.... Mr F. Ammetybock, Director of the

Penitentiary of Vridsloselille, Denmark, added:--I would not dare charge

as incorrigible one of the 3,000 criminals who have been confided to my

care.... During my career as a prison officer, I have seen many

criminals who offered, humanly speaking, characteristic signs of

incorrigibility and who now and for a long time had led respectable

lives.... I believe that other prison officers as well as

philanthropists, can confirm the truth of my experience, and I hope that

many will protest against the theory of incorrigibility and place in the

balance their experience against purely abstract ideas."

On the other hand, it must be admitted that several criminologists

emphatically declare that the "instinctive" criminal (or "born" criminal

to use Lombroso's term) is incorrigible. Garofalo takes such a hopeless

view of the matter as to demand his elimination by death, but none of

these men, eminent criminologists as they may be, have studied

reformatory science experimentally. Mr Brockway's testimony should be

taken as final seeing that of the 12,000 felons who have passed through

the Elmira Reformatory, 82 per cent. have reformed, i.e., have not

returned to criminal practices. The statistics for the year 1903 are as

follows:--

Total number of those paroled 445

Served well and earned absolute release 143

Correspondence and good conduct and

maintained (parole not expired) 238

Died, doing well until time of death 1

Released by Special Executive

Clemency, doing well 1

Returned to Europe by permission 1

----

384 or 86 per cent

Returned to Reformatory for violation

of parole 15 or 33 "

_Probably returned to crime._

Those who ceased correspondence

while on parole and were lost sight of 37

Known to have returned to crime 9

--

46 or 10 "

It will be seen that while the Reformatory claims only 86 per cent. of

reforms, there were only 9 persons (or 2 per cent. of the whole) who

were KNOWN to have certainly returned to crime.

This exhibit is conclusive. Reformatory Science, which is yet but in its

infancy, can already deal successfully with by far the greatest

proportion of criminals, and this success at this stage guarantees a

much larger measure in the future. It is clear then upon the statements

of the highest authorities that the criminal is not incorrigible, and

that the prison (penal) system compares so unfavourably with the

reformatory system that it ought to be abolished in favour of it. The

system in vogue at the Elmira Reformatory will be described in a later

chapter, and there it will be shown that the methods employed are upon a

most scientific basis and that the results obtained cannot fail to

satisfy the most exacting. It will be seen that by a "reformed" man is

meant a man who can and will adapt himself to the conditions of society;

a man sound in mind, healthy in body, industrious and honest in habit.

Concerning this man's progeny, what have we to fear? It is in this way

that we may dispose of the proportion of 75 per cent. of criminal

children descended from criminal ancestry. It should here be again

observed that the majority of criminals commence their career in crime

at a very early age, and that therefore the reform of almost all

criminals may be undertaken before they are likely to become parents.

Again, true reformatory science forbids the release of any criminal from

custody who has not given satisfactory evidence of reform.

Thus reformatory science effectually guarantees society against the evil

that Dr Chapple has proposed to eradicate, and it does it by a method

compared with which tubo-ligature is most crude.

The criminal is either set free as a reformed man or is to be kept in

captivity because his resistance to reformatory discipline has shown him

to be unfit to rightly use his liberty.

Not only are the chances of his becoming the parent of criminally

disposed children effectually removed but he is himself transformed from

having a negative to having a positive social value.

Dr Chapple's study convinces him that the cause of the startling

increase of crime, insanity, and pauperism is to be found "deep down in

biological truth. Society is breeding from defective stock." Dr Waddell,

who writes the preface of the "Fertility of the Unfit," is so alarmed as

to declare that "our civilization is in imminent peril of being swamped

by the increasingly disproportionate progeny of the criminal." The most

superficial observation of the life of the criminal would have shown

both these writers that criminal habits militated substantially against

the probability of a natural increase.

To repeat what Fere and Havelock Ellis both emphatically declare that

the criminal and the pauper do not reproduce their kind is but to show

that the cause of the natural increase of the criminal is NOT

to be found in biological truth, neither is our society in any danger of

being swamped by an increasingly disproportionate progeny of the

criminal. In short, society has no enemy in Nature.

The true cause for the increase of the numbers of the criminal is to be

found in sociological and not in biological truth. As Lacassagne says:

"Society has the criminals that it deserves."

Dr MacDonald, W.S. Expert in Criminology, writes to the author, "As to

tubo-ligature, or the like, it would not be supported by scientists."

If, however, there were absolutely no scientific objection to the

proposal that the Doctor advances, if, that is, the basal facts were

exactly he assumes them to be, would then his remedy be secure from

attack? Most emphatically not. For is it not possible, nay with the

present shrinking from maternity so widespread, is it not highly

probable that the measure would be greatly abused? Thousands as the

Doctor himself says would avail themselves of it to-morrow, and for the

simple reason that they wish to escape from the responsibilities of

bringing up children. Thousands would no doubt repudiate their debts

to-morrow if they might do so with impunity, but their wish in the

matter scarcely establishes the course as being a desirable one or one

calculated to promote the happiness of society.

From the revelations of the Birth-rate Commission and from other

enquiries it is most evident that tubo-ligature would be very largely

abused indeed.

But it may be said that it were far better that the woman shrinking

maternity should employ this method than that she should use the

preventive drugs that she does. This is but to acknowledge the morality,

or at least the necessity for the use of preventives and does nothing

less than to charge the Deity with having made laws for the governing of

the Natural Order which have got altogether out of hand and have

involved His creatures in confusion.

Is it not a question whether marriage becomes a necessity when children

are to be avoided? The evil to which Dr Chapple's remedy would run, is

one in which the moral sentiment of society would be so hardened that

the reason for marriage would disappear from the knowledge of man.

There is a great difference between this operation taking place from

pathological reasons and its being performed simply as a deliverance

from maternal responsibilities. In the latter case it is performed at

the will of the woman who thus shows that she has conquered the maternal

instinct, and as such she is a monster for she has contradicted her

nature. Lombroso declares that these are the women that commit the most

hideous crimes and that they are incorrigible.

The Birth-rate Commissioners stated that the use of preventives was

having a most injurious effect upon the health of the women who used

them.

Clearly then Morality and Nature are both opposed to their use.

If men and women are becoming so selfish as to be determined to live

contrary to their nature then Nature will deal with them according to

Her terrible manner. If they are in an extremity and find that our

social system makes it impossible for them to undertake the

responsibilities of parentage, then the reorganization of our social

system is a matter for urgent consideration.

But Dr Chapple would only intensify the evil instead of remedying it.

What he practically says is this:--Regard yourselves for the moment as

being brute beasts and discuss the question upon that level. Murder the

social instinct; murder the compassionate spirit; disregard the Divine

Law and stifle all faith in the Providence of God; let the mission of

life be the enjoyment of pleasure; shrink from the marriage that might

be a burden, and dissolve the happy marriage should indications of

future burdens present themselves. He would have us compelled to take

our betrothed to a medical board and shamelessly confess ourselves.

Confess ourselves under circumstances which would know no secrecy. He

would have us regard our wives from the standpoint of selfishness and

lust alone. But we are not brutes we are human, and we have instincts

which the brutes have not.

NOTE.--Dr. Chapple includes among the defectives not only the

criminal but also the lunatic, the epileptic and the pauper. How far

tubo-ligature would meet the cases of these defectives seems very

uncertain. The information which the Doctor gives us, for the most part,

is in direct opposition to him. On pages 74-76 he gives the history of

eight families which it will repay to examine.

Cases I.--Cancer, consumption and epilepsy in the family. In the third

generation there are seven persons, of whom five married. The only

healthy member left five children, three were childless and one who died

at 56 left five children. That is to say, twelve children represent the

fourth generation.

Case II.--Insanity, idiocy and epilepsy. Of five persons the one sane

member only has a family. Nine children, some (how many?) imbecile.

Case III.--Drunkenness, insanity. Seven children, two died of

convulsions. One an idiot, one a dement (suicidal), one repeatedly

insane. These three are scarcely likely to be chosen in marriage. One

peculiar and irritable, one nervous and depressed.

Case IV.--In third generation there are two epileptics and one

imbecile--scarcely likely to marry. Seven others are dead. (S. P.)

Case V.--From an insane parent we have three children, one excitable,

one dull and one imbecile.

Case VI.--A family of mutes and scarcely relevant.

Case VII.--Drunkenness, epilepsy, etc. In the third generation "family

now extinct." No indications of tubo-ligature having been performed.

Case VIII.--Apparently the issue in the second generation is from two

parentages. There are fifteen persons accounted for. Seven died in

infancy of convulsions. Epilepsy, scrofula, and idiocy can claim one

each. One was drowned, and four are healthy. That is, of seven surviving

children, four are healthy.

In all from fifteen parents there is the alarming increase of fifty-six

persons. Of these eleven are healthy, fourteen are not described,

fourteen are defective and seventeen are dead. The total number of

living descendants, representing no less than the third generation of

seven families, is but thirty-nine. These figures can scarcely be quoted

to prove the "fertility of the unfit," but that is the title that stands

over them. As to the hereditary tendencies that they propagate, more

information is required.

It is a well known fact that in cases of hereditary defect there is a

tendency for the defect to appear at either an earlier or later stage

in life in each successive generation (Mercier). In the first case the

family dies out, in the second case it recovers itself. In cases of

congenital defect, there is very little to fear. The lunatic is locked

up and the epileptic is avoided.

Nature deals most successfully with these cases. She saves where

possible and destroys when recovery is hopeless. Very slowly perhaps,

but very exactly--never making a mistake, and in her slowness she is but

giving man an opportunity to contribute something towards the recovery

she aims at.

=The Case of the Epileptic.=--The number of epileptics in whom the

disease may be traced to hereditary causes is estimated to be about 33

per cent. of the whole. This is indeed a very large percentage. It does

not, however, follow that in all the cases or in by any means a large

proportion of them, the parents were also epileptics. Authorities are

not agreed as to the influence of heredity as a predisposing cause; but

it is recognised by all that the children of insane, neurotic,

hysterical or neuralgic parents are liable to become epileptics. Also

that alcoholism in the parents conveys a predisposition to the child.

The hereditary cases are therefore to be divided amongst all these

causes. In what proportion it would be difficult to estimate; but very

few persons in whom epilepsy has developed marry, and as 75 per cent. of

the cases are said to begin under the age of 20 years, and very few

after 25 years (cases of hereditary epilepsy have been known to develop

at so late an age as 65 and 70 years) it limits the number of

epileptics who marry to a very narrow margin. For even these few,

marriage should, however, be entirely out of the question. In cases,

where from syphilis or shock epilepsy is developed in the married adult

we should expect to find treatment imposing a restriction upon the

freedom of the patient somewhat similar to that provided for lunatics.

In almost every rank of society the developed epileptic would be

excluded from marriage by the law of sexual selection, and as the great

majority develop epilepsy before coming to a marriageable age, few

epileptic children can claim a developed epileptic ancestry.

The number of cases, where epilepsy results from an epileptic ancestry,

is estimated by Sir Wm. Gowers at 22 per cent. of the whole. These cases

are to be distributed between the developed form and the petit mal. As

the petit mal often escapes observation Dr Chapple's method would only

apply to those cases of the marriage of persons who were afflicted with

the major form of epilepsy, which means that perhaps not more than 10

per cent. of the number of epileptics could be prevented from coming to

birth. If a ten per centum reduction is to be considered as solving the

problem in the case of epileptics what will the 86 per cent. of reforms

among criminals be valued at?

=The Case of the Pauper.=--Paupers may be divided into two classes,

those whose poverty is due to misfortunes and those whose poverty is due

to vicious idleness. Those whose poverty is due to drink or crime are

not properly to be classified as paupers. Society regards them as

primarily drunkards and criminals. Of these two classes the first are

generally to be found making a courageous fight against adverse

circumstances and feel their position keenly. They are deserving of the

compassion of society. Their families, it is true, are a burden upon

private and institutional charity, but only a temporary one and after a

while become the very means of recovering the broken fortunes of their

parents. Very large sums are spent in relieving the necessities (often

in providing the luxuries) of the undeserving poor, but this fact should

not be made the basis of a charge against the deserving but helpless

poor. My own acquaintance with the poorest parts of one of our largest

cities leads me to believe that very little charity ever reaches the

truly deserving poor. They battle on and keep their sad condition as far

from public observation as possible. The undeserving are very clamorous.

These two incidents are by no means uncommon, they are fairly typical.

(a) I was called one night to baptise a dying child. The mother stated

that she was too poor to buy a few necessaries ordered by the doctor. I

purchased these myself and brought them to the mother. The next morning

she sent to say the child was dead and would I lend her money to wire to

the father. As he was in work I thought a collect telegram was more

suitable. In the evening a request came for monetary assistance to

provide the child with a coffin and to purchase a plot in the cemetery.

A clergyman who does that sort of thing might as well keep a private

cemetery, undertaker and monumental mason of his own. I refused to do it

and came in for a good deal of abuse. The mother appeared at the funeral

in a new black silk dress!

(b) A crippled woman who earned her living by ironing. She made on an

average 10s per week. I suggested to her the advisability of applying

for an old age pension and proceeded to fill in her papers. When she

discovered that she was two months under the age of 65 she was horrified

at what she thought an attempt on her part to swindle the Government.

These cases speak for themselves. People seem afraid to refuse to give

alms for fear of being called uncharitable, yet they have not the

charity to investigate the cases brought before their notice and see

that their relief is intelligently bestowed upon worthy persons. Some

religious societies are cruel sinners in this respect. The consequence

is that a premium is put upon professional begging and we have plenty of

it. Society will never murmur against the burden of the deserving poor.

Concerning the life of the poor, however, Korosi gives these

statistics:--The average age of the rich is 35 years, of the well-to-do

20.6 years, of the poor only 13.2 years. These statistics are supposed

to hold good for all large towns. The average life of the pauper (that

is the vicious pauper) will be shorter still seeing that in his idle,

vicious life the parent refuses to acknowledge his responsibilities

towards his children and makes no effort to save them from perishing

through want and proper healthful conditions. The numbers of the pauper

may increase, but it is seen then that they do not live to any great

length of life. The pauper has, however, a certain rate of increase and

his children are brought up in pauper habits. To the criminal population

they add about 2 per cent. of the whole. They constitute a burden, not

very great, but one which society resents. To adopt tubo-ligature might

relieve both society and the pauper, but its moral effect would be that

the pauper would regard his vice as acknowledged and approved by

society. To say that there are no other remedies, remedies which would

compel the pauper to earn his living, is an appalling confession of

failure on the part of society.

A Plea for the Criminal Being a reply to Dr. Chapple's work: 'The Fertility of the Unfit', and an Attempt to explain the leading principles of Criminological and Reformatory Science · 第 5 / 10 章