CHAPTER XIX.

LEGISLATIVE REFORM.

A.—LESSONS OF INSTINCT.

Progress is a general law of Nature, and the comparative study of

Evolution proves that the tendency to improvement increases with the

advance to higher planes of development. Among the lowest organisms the

rate of progress is hardly appreciable. The sea shells of the Devonian

period can scarcely be distinguished from the shells of our present

seas. The balls of amber found on the shores of the Baltic often

contain the mummies of insects closely resembling certain species of

latter-day flies and beetles, while the horse, the zebra, and other

modern varieties of the equine genus, have developed from a creature

not much larger than a fox. The Neanderthal skull proves that the heads

of our early ancestors were almost ape-like in their protruding jaws

and flatness of cranium. The lower animals adhere to inherited habits

with a persistency that has often proved their ruin by diminishing

their ability of adapting themselves to change of circumstances, as in

the case of that sea-lizard of the South sea islands, where its

ancestors had for ages managed to escape their only enemies by leaving

the water and crawling up the beach, and where their modern descendants

persist in crawling landward in the hope of escaping from dogs and

hunters.

The higher animals, on the other hand, rarely fail to profit by lessons

of experience. Trappers know that the contrivances for capturing wild

animals have to be changed from time to time, the older methods being

apt to lose their efficacy after the fate of a certain number of

victims has warned their relatives. Old rats have been seen driving

their young from a dish of arsenic-poisoned gruel. Deer, foxes, and

wild turkeys learn to avoid the favorite trails of the hunter; monkeys,

on their first arrival in a cold climate, impatiently tear off the

jackets or shawls furnished by the kindness of their keeper, but soon

learn to appreciate the advantage of artificial teguments, and even try

to increase their stock of wardrobe by appropriating every stray piece

of cloth they can lay their hands on.

The instinct of adaptation to the conditions of progress has asserted

itself both among modern and very ancient nations, though during the

mental bondage of the Middle Ages its manifestations were

systematically suppressed by the conservatism of religious bigots.

Savages show an almost apish eagerness in adopting the habits,

fashions, and foibles of civilization. The political institutions of

primitive nations are very elastic. The Grecian republics were not only

willing but anxious to improve their laws by abolishing abuses and

testing amendments. In ancient Rome every general assembly of freemen

exercised the functions of a legislative council; legislative reforms

were proposed by private citizens and were often carried by

acclamation, like the edict for the expulsion of the Tarquins, and the

resolution revoking the exile of Cicero.

B.—REWARDS OF CONFORMITY.

Legislative reform, the manful renunciation of entangling alliances

with the ghosts of the past, is a sword that has more than once cut a

Gordian knot of fatal complications. The suppression of monasteries

saved four of our Spanish American sister republics from a brood of

vampires that had drained the life-blood of Spain for a series of

centuries. In England the timely repeal of the corn-laws averted an

explosion that might have rent the coherence of the entire British

empire. The abolition of slavery with one blow destroyed a hydra that

had menaced the safety of the American Union by an endless series of

political disputes. By the abolition of serfdom Czar Alexander elevated

the Russian empire to the rank of a progressive nation. The very

possibility of national progress depends, indeed, on the hope of

legislative reform, for the rigor of unalterable laws prevents social

development as the clasp of an iron ring prevents the growth of a tree.

C.—PERVERSION.

All the intelligent nations of antiquity were distinguished by a

tendency to legislative progress, till the freedom of that progress was

checked by the claims of religious infallibility. The founder of the

Zendavesta advanced that claim for a pandect of pretended revelations

which became the religious code of Central Asia, and as a consequence

the intellectual and industrial development of two valiant nations was

stunted by legislative conservatism—the proverbially “unalterable laws

of the Medes and Persians.” The claims of an infallible revelation

preclude the necessity of reform. “Should mortals presume to improve

the ordinances of a God?”

But the blind hatred of progress which has for so many centuries

degraded the Christian hierarchy below the priesthood of all other

intolerant creeds, is the earth-renouncing antinaturalism of their

founder. The priests of Zoroaster, Moses, and Mohammed claimed the

sufficiency of their dogmas for the purposes of national prosperity.

The priests of the nature-hating Galilean attempted to suppress the

very desire of that prosperity. “The doctrine of renunciation made

patriotism an idle dream: the saints, whose ‘kingdom was not of this

world,’ had no business with vanities of that sort; no chieftain could

trust his neighbor; cities were pitted against cities and castles

against castles; patriotic reformers would vainly have appealed to the

sympathies of men who had been taught to reserve their interest for the

politics of the New Jerusalem” (Secret of the East, p. 76).

The Rev. Spurgeon, of London, England, recently provoked the protests

of his Liberal colleagues by the confession that he “positively hated

advanced thought;” but only five centuries ago such protests were

silenced with the gag and the fagot. For nearly a thousand years every

clergyman who had the courage to lift his voice in favor of secular

reforms was fiercely attacked as a traitor to the sacred cause of

other-worldliness. To question the authority of the church was a crime

which could not in the least be palliated by such pleas as the temporal

interests of mankind, and a mere hint at the fallibility of “revealed

scriptures” could only be expiated in the blood of the offender. Nay,

thousands of scientists, historians, and philosophers who had never

expressed a direct doubt of that sort, were doomed to a death of

torture merely because the logical inference of their discoveries was

at variance with the dogmas of the Galilean miracle-mongers. From the

reign of Charlemagne to the outbreak of the Protestant revolt the

intolerance of Christian bigots interposed an insuperable dam between

the projects and the realization of social reforms.

“I cannot conceive,” says Hallam, “of any state of society more adverse

to the intellectual improvement of mankind than one which admitted no

middle line between dissoluteness and fanatical mortifications.”

If it had not been for the exotic civilization of Moorish Spain, it

would be strictly true that at the end of the thirteenth century, when

the enemies of nature had reached the zenith of their power, “the

countries of Europe, without a single exception, were worse governed,

more ignorant, more superstitious, poorer, and unhappier than the worst

governed provinces of pagan Rome.”

In China and India, too, the resistance of religious prejudice has for

ages frustrated the hopes of political development, and the

civilization of Europe dates only from the time when a more or less

complete separation of church and state was effected by the

insurrection of the Germanic nations, and where the work of that

separation has been left unfinished the march of reform halts at every

step. Every claim of dogmatic infallibility has proved a spoke in the

wheels of progress.

D.—PENALTIES OF NEGLECT.

The pig-headed conservatism of orthodox nations has never failed to

avenge itself in its ultimate results, but its fatuity has, perhaps,

been most strikingly illustrated by the practical consequences of

legislative non-progressiveness. There was a time when the small value

of real estate made it a trifle for an Italian prince to present a

favorite prelate with a few square leagues of neglected woodlands; but

now, when those woods have been turned into vineyards and

building-lots, and over-population makes the monopoly of land a

grievous burden, hundreds of industrious peasants are obliged to starve

to swell the revenues of a bloated priest, who nevertheless succeeds in

silencing all protests by an appeal to the “necessity of respecting

time-honored institutions.” At a time when agriculture and pastoral

pursuits were the chief industries of Scotland, it was no great

grievance to sequester the seventh day for the exclusive service of

ecclesiastic purposes; but now, when thousands of poor factory children

need outdoor recreations as they need sunlight and bread, it has become

an infamous outrage on personal rights to enforce a medieval by-law for

the suppression of outdoor sports on the day when those who need it

most can find their only chance for recreation. Nevertheless, the dread

of innovations defeats the urged repeal of a law which for the last

hundred years has obliged millions of city dwellers to sacrifice the

sunshine of their lives for the benefit of a few clerical vampires. The

repeal of the witchcraft laws was preceded by a transition period of at

least two hundred years, when the mere dread of an open rupture with

the specters of the past cowed intelligent jurists into accepting the

charge of an impossible crime, and consigning the victims of

superstition to the doom of a hideous death. Their private rationalism

might revolt against the absurdity of the proceedings, but there were

the witnesses, there were the legal precedents, there were the explicit

provisions of the penal code, and with or without the consent of their

intellectual conscience they had to pronounce the sentence of death.

The penal statutes of medieval England made sheep stealing a capital

offense, and the mulish conservatism of British legislators refused to

abolish that relic of the Dark Ages till the common sense of the lower

classes found means to redress the abuse in a way of their own. Juries

agreed to acquit sheep-stealers altogether, rather than vote away their

lives for that of a quadruped. It was in vain that the prosecuting

attorney established the fact of the offense beyond a shadow of

reasonable doubt. It was in vain that the charge of the judge

emphatically indorsed the indictment. It was in vain that the

defendants themselves completed the evidence of their guilt by a frank

confession; they were acquitted amidst the wrathful protests of the

court and the plaudits of the audience, till sheep-owners themselves

were obliged to petition for the repeal of the time-dishonored law. The

idea that the mere antiquity of a legal custom is an argument in its

favor is a twin sister of the superstitious veneration of antiquated

dogmas.

E.—REFORM.

The superstitious dread of innovation, rather than the want of natural

intelligence, has for ages thwarted the hopes of rationalism, and the

renunciation of that prejudice promises to rival the blessing of

Secular education in promoting the advance of social reforms. Orthodox

restiveness, rather than any conceivable degree of ignorance, has, for

instance, prevented the repeal of the Religious Disability laws which

still disgrace the statutes of so many civilized nations. A chemical

inventor would be suspected of insanity for trying to demonstrate his

theories by quoting the Bible in preference to a scientific text-book,

yet on questions as open to investigation and proof as any problem of

chemistry, the courts of numerous intelligent nations still refuse to

accept the testimony of a witness who happens to prefer the philosophy

of Humboldt and Spencer to the rant of an oriental spook-monger. The

proposition to oblige a water-drinker to defray the expense of his

neighbor’s passion for intoxicating beverages would justly land the

proposer in the next lunatic asylum, yet millions upon millions of our

Caucasian fellow-men are still taxed to enable their neighbors to enjoy

the luxuries of a creed which the conscience of the unwilling

tithe-payer rejects as a degrading superstition. In Europe countless

Nonconformists have to contribute to the support of a parish-priest or

village-rector on pain of having a sheriff sell their household goods

at public auction. In America farmers and mechanics have to pay double

taxes in order to enable an association of mythology-mongers to hold

their property tax-free. Because the pantheon of the Ammonites included

a god with cannibal propensities, helpless infants were for centuries

roasted on the consecrated gridiron of that god; and because eighteen

hundred years ago the diseased imagination of a world-renouncing bigot

conceived the idea of a deity delighting in the self-affliction of his

creatures, the gloom of death still broods over the day devoted to the

special worship of that God, and the coercive penalties of the law are

weekly visited upon all who refuse to sacrifice their health and

happiness on the altar of superstition.

But legislative abuses are not confined to religious anachronisms. The

inconsistencies of our penal code still betray the influence of

medieval prejudices in the unwise leniency, as well as in the

disproportionate severity, of their dealings with purely secular

offenses. The vice of intemperance was for centuries encouraged by the

example of the clergy, while the control, or even the suppression, of

the sexual instinct was enforced by barbarous penalties. And while the

panders of the alcohol vice are still countenanced by the sanction of

legal license and admitted to official positions of honor and

influence, the mediators of sexual vice are treated as social outcasts,

and punished with a severity out of all proportion to the actual social

standards of virtue. The deserted wife, who in a moment of despair has

caused the death of an unborn child, is treated as the vilest of

criminals, while the crime of a railway shark or tenement-speculator

whose selfishness and greed have caused a fatal disaster, is condoned

in consideration of “social respectability,” i.e., a mask of orthodox

sentiments and unctuous cant. A Christian jury will thank a banker for

shooting a poor wretch whom extreme distress may have driven to enter a

house for predatory purposes, but if that same banker should be

convicted of embezzling the hard-earned savings of trusting widows and

orphans, his fellow-hypocrites will circulate an eloquent petition for

his release from a few years of light imprisonment.

There is need of other reforms, which recommend themselves by such

cogent arguments that their adoption seems only a question of time,

such as the protection of forests, the recognition of women’s rights,

the “habitual criminal” law, physical education, and the abolition of

the poison-traffic.

It is undoubtedly true that the progress from barbarism to culture is

characterized by the growth of a voluntary respect for the authority of

legal institutions, but it is equally true that the highest goals of

civilization cannot be reached till the degree of that respect shall be

measured by the utility, rather than by the antiquity, of special laws.

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