After this I remember that our talk branched into the subject of popular sports and recreations at the present time as compared with those of the nineteenth century.
“In one respect,” said Dr. Leete, “there is a marked difference. The professional sportsmen, which were such a curious feature of your day, we have nothing answering to, nor are the prizes for which our athletes contend money prizes, as with you. Our contests are always for glory only. The generous rivalry existing between the various guilds, and the loyalty of each worker to his own, afford a constant stimulation to all sorts of games and matches by sea and land, in which the young men take scarcely more interest than the honorary guildsmen who have served their time. The guild yacht races off Marblehead take place next week, and you will be able to judge for yourself of the popular enthusiasm which such events nowadays call out as compared with your day. The demand for ‘panem ef circenses’ preferred by the Roman populace is recognized nowadays as a wholly reasonable one. If bread is the first necessity of life, recreation is a close second, and the nation caters for both. Americans of the nineteenth century were as unfortunate in lacking an adequate provision for the one sort of need as for the other. Even if the people of that period had enjoyed larger leisure, they would, I fancy, have often been at a loss how to pass it agreeably. We are never in that predicament.”
Chapter 19
In the course of an early morning constitutional I visited Charlestown. Among the changes, too numerous to attempt to indicate, which mark the lapse of a century in that quarter, I particularly noted the total disappearance of the old state prison.
“That went before my day, but I remember hearing about it,” said Dr. Leete, when I alluded to the fact at the breakfast table. “We have no jails nowadays. All cases of atavism are treated in the hospitals.”
“Of atavism!” I exclaimed, staring.
“Why, yes,” replied Dr. Leete. “The idea of dealing punitively with those unfortunates was given up at least fifty years ago, and I think more.”
“I don’t quite understand you,” I said. “Atavism in my day was a word applied to the cases of persons in whom some trait of a remote ancestor recurred in a noticeable manner. Am I to understand that crime is nowadays looked upon as the recurrence of an ancestral trait?”
“I beg your pardon,” said Dr. Leete with a smile half humorous, half deprecating, “but since you have so explicitly asked the question, I am forced to say that the fact is precisely that.”
After what I had already learned of the moral contrasts between the nineteenth and the twentieth centuries, it was doubtless absurd in me to begin to develop sensitiveness on the subject, and probably if Dr. Leete had not spoken with that apologetic air and Mrs. Leete and Edith shown a corresponding embarrassment, I should not have flushed, as I was conscious I did.
“I was not in much danger of being vain of my generation before,” I said; “but, really —”
“This is your generation, Mr. West,” interposed Edith. “It is the one in which you are living, you know, and it is only because we are alive now that we call it ours.”
“Thank you. I will try to think of it so,” I said, and as my eyes met hers their expression quite cured my senseless sensitiveness. “After all,” I said, with a laugh, “I was brought up a Calvinist, and ought not to be startled to hear crime spoken of as an ancestral trait.”
“In point of fact,” said Dr. Leete, “our use of the word is no reflection at all on your generation, if, begging Edith’s pardon, we may call it yours, so far as seeming to imply that we think ourselves, apart from our circumstances, better than you were. In your day fully nineteen twentieths of the crime, using the word broadly to include all sorts of misdemeanors, resulted from the inequality in the possessions of individuals; want tempted the poor, lust of greater gains, or the desire to preserve former gains, tempted the well-to-do. Directly or indirectly, the desire for money, which then meant every good thing, was the motive of all this crime, the taproot of a vast poison growth, which the machinery of law, courts, and police could barely prevent from choking your civilization outright. When we made the nation the sole trustee of the wealth of the people, and guaranteed to all abundant maintenance, on the one hand abolishing want, and on the other checking the accumulation of riches, we cut this root, and the poison tree that overshadowed your society withered, like Jonah’s gourd, in a day. As for the comparatively small class of violent crimes against persons, unconnected with any idea of gain, they were almost wholly confined, even in your day, to the ignorant and bestial; and in these days, when education and good manners are not the monopoly of a few, but universal, such atrocities are scarcely ever heard of. You now see why the word ‘atavism’ is used for crime. It is because nearly all forms of crime known to you are motiveless now, and when they appear can only be explained as the outcropping of ancestral traits. You used to call persons who stole, evidently without any rational motive, kleptomaniacs, and when the case was clear deemed it absurd to punish them as thieves. Your attitude toward the genuine kleptomaniac is precisely ours toward the victim of atavism, an attitude of compassion and firm but gentle restraint.”
“Your courts must have an easy time of it,” I observed. “With no private property to speak of, no disputes between citizens over business relations, no real estate to divide or debts to collect, there must be absolutely no civil business at all for them; and with no offenses against property, and mighty few of any sort to provide criminal cases, I should think you might almost do without judges and lawyers altogether.”
“We do without the lawyers, certainly,” was Dr. Leete’s reply. “It would not seem reasonable to us, in a case where the only interest of the nation is to find out the truth, that persons should take part in the proceedings who had an acknowledged motive to color it.”
“But who defends the accused?”
“If he is a criminal he needs no defense, for he pleads guilty in most instances,” replied Dr. Leete. “The plea of the accused is not a mere formality with us, as with you. It is usually the end of the case.”
“You don’t mean that the man who pleads not guilty is thereupon discharged?”
“No, I do not mean that. He is not accused on light grounds, and if he denies his guilt, must still be tried. But trials are few, for in most cases the guilty man pleads guilty. When he makes a false plea and is clearly proved guilty, his penalty is doubled. Falsehood is, however, so despised among us that few offenders would lie to save themselves.”
“That is the most astounding thing you have yet told me,” I exclaimed. “If lying has gone out of fashion, this is indeed the ‘new heavens and the new earth wherein dwelleth righteousness,’ which the prophet foretold.”
“Such