,,other ,,publications ,,by ,,clarence  
,s4 ,,darrow      ,a ,,persian ,,pearl  
,,and ,,other ,,essays        ,a volume 
of essays beautifully printed and bound4
 #a4ej net2      postage1 #aj cents4    
,,the ,,woodworkers' ,,conspiracy ,,case
        ,the argument of ,mr4 ,darrow in
 the famous ,kidd case4 #aj cents4      
,,the ,,rights ,,and ,,wrongs ,,of      
,,ireland        #aj cents4    ,,address
 ,,at ,,the ,,grave ,,of ,,john ,p4     
,,altgeld        #e cents4    ,,realism 
,,in ,,literature ,,and ,,art        #e 
cents4    ,,crime ,,and ,,criminals     
,an address delivered to the prisoners  
in the ,chicago ,county      ,jail4 #aj 
cents4    ,,resist ,,not ,,evil         
,a startling and vivid arraignment of   
the doctrine of force and               
punishment4 ,in press4 #ge cents4       
,,tales ,,from ,,the ,,courts        ,a 
volume of short stories4 ,illustrated4  
,in press4                              
,,for ,,sale ,,by                       
,,charles ,h4 ,,kerr  ,,company         

,,publishers                            
#ef ,,fifth ,,avenue1 ,,chicago         
,resist ,not ,evil                      
,,by                                    
,,clarence ,s4 ,,darrow                 
,illustration                           
,,chicago                               
,,charles ,h4 ,,kerr  ,,company         
,,mcmiii                                
,copyright #aijb                        
,by                                     
,,clarence ,s4 ,,darrow                 
,,typography ,,by                       
,,marsh1 ,,aiken  ,,curtis ,,company1   
,,chicago                      ,,press  
,,of ,,thos4 ,p4 ,,halpin  ,,co41       
,,chicago    ,illustration              
,judge not1 that ye be not judged4      
,matthew #g3a4        ,ye have heard    
that it hath been said3 ,an eye for an  
eye1 and a      tooth for a tooth4 ,but 
,i say unto you1 that ye resist not     
evil1      but whosoever shall smite    
thee on thy right cheek1 turn to him    
the other also4                         

,matthew #e3ch1 #ci4          ,,preface 
,it is not claimed that the following   
pages contain any new ideas4 ,they  were
 inspired by the writings of ,tolstoy1  
who was the first1 and in  fact the     
only1 author of my acquaintance who ever
 seemed to me to place  the doctrine of 
non-resistance upon a substantial basis4
 ,after reading  ,tolstoy ,i determined 
to make a careful study of the subject1 
but on a  thorough search of book stores
 and libraries could find next to       
nothing  dealing with the question1     
while the shelves were crowded with     
literature  extolling the glories of war
 and the beneficence of patriotism4     
,the first part of this volume which    
deals with the state is very            
fragmentary1 and in no wise so complete 
as can be found in many other  volumes1 
but in the portion which deals with     
crime and punishment1 ,i have  found a  
much newer field1 and one which has     
generally been discussed by  those who  
have little practical knowledge of the  

machinery of courts of  justice4    ,it 
has been my purpose to state the reasons
 which appeal to me in support  of the  
doctrine of non-resistance1 rather than 
to give authorities to  sustain the     
theories advanced4 ,still1 ,i believe   
that the student who  is interested in  
the subject of criminology1 and wishes  
to carefully  investigate crime and     
punishment1 will find that most of the  
great  historians1 philosophers1 and    
thinkers will amply corroborate the     
views herein set forth1 as to the cause 
of crime1 and the evil and              
unsatisfactory results of punishment4   
,,clarence ,s4 ,,darrow4    ,,chicago1  
,november #a1 #aijb4          ,,contents
        ,chapter                        
,page         ,i4 ,,the ,,nature ,,of   
,,the ,,state                           
#aa        ,,ii4 ,,armies ,,and ,,navies
                               #bj      
,,iii4 ,,the ,,purpose ,,of ,,armies    
#cc        ,,iv4 ,,civil ,,government   
#da         ,v4 ,,theory ,,of ,,crime   

,,and ,,punishment                  #ea 
,,vi4 ,,remedial ,,effects ,,of         
,,punishment                  #ei       
,,vii4 ,,cause ,,of ,,crime             
#gg      ,,viii4 ,,the ,,proper         
,,treatment ,,of ,,crime                
#ib        ,,ix4 ,,impossibility ,,of   
,,just ,,judgment                  #ih  
,x4 ,,the ,,judge ,,of ,,the ,,criminal 
#ajf        ,,xi4 ,,the ,,measure ,,of  
,,punishment                      #aab  
,,xii4 ,,who ,,deserves ,,punishment    
#abg      ,,xiii4 ,,natural ,,law ,,and 
,,conduct                        #aca   
,,xiv4 ,,rules ,,governing ,,penal      
,,codes ,,and ,,their ,,victims  #ada   
,,xv4 ,,the ,,machinery ,,of ,,justice  
#aec       ,,xvi4 ,,the ,,right         
,,treatment ,,of ,,violence             
#afe          ,resist ,not ,evil        
,illustration          ,,chapter ,i     
,,the ,,nature ,,of ,,the ,,state       
,in this heroic age1 given to war and   
conquest and violence1 the precepts  of 
peace and good will seem to have been   

almost submerged4 ,the pulpit1  the     
press1 and the school unite in teaching 
patriotism and in proclaiming  the glory
 and beneficence of war2 and one may    
search literature almost in  vain for   
one note of that 8,peace on earth1 and  
good will toward men0 in  which the     
world still professes to believe2 and   
yet these benign precepts  are supposed 
to be the basis of all the civilization 
of the western world4    ,the doctrine  
of non-resistance if ever referred to is
 treated with  derision and scorn4 ,at  
its best the doctrine can only be held  
by  dreamers and theorists1 and can have
 no place in daily life4 ,every         
government on earth furnishes proof that
 there is nothing practical or  vital in
 its teachings4 ,every government on    
earth is the personification  of        
violence and force1 and yet the doctrine
 of non-resistance is as old  as human  
thought--even more than this1 the       
instinct is as old as life upon  the    
earth4    ,the doctrine of              

non-resistance to evil does not rest    
upon the words of  ,christ alone4       
,buddha1 ,confucius1 ,plato1 ,socrates1 
show the evil and  destruction of war1  
of conquest1 of violence1 and of hatred1
 and have  taught the beneficence of    
peace1 of forgiveness1 of non-resistance
 to  evil4 ,but modern thought is not   
content to rest the conduct of life upon
  the theories of moralists4 ,the rules 
of life that govern men and states  must
 to-day be in keeping with science and  
conform to the highest reason  and      
judgment of man4 ,it is here that       
non-resistance seems to have failed  to 
make any practical progress in the      
world4 ,that men should 8turn the  other
 cheek10 should 8love their enemies10   
should 8resist not evil10 has  ever     
seemed fine to teach to children1 to    
preach on ,sundays1 to round  a period  
in a senseless oratorical flight2 but it
 has been taken for  granted that these 
sentiments cannot furnish the real      
foundation for  strong characters or    

great states4    ,it is idle to discuss 
8non-resistance0 in its effect upon life
 and the  world without adopting some   
standard of excellence by which to judge
  results4 ,here1 as elsewhere in human 
conduct1 after all is said and done1    
men must come back to the fundamental   
principle that the conduct which  makes 
for life is wise and right4 ,nature in  
her tireless labor has ever  been       
developing a higher order and a         
completer life4 ,sometimes for long     
periods it seems as if the world were on
 the backward course1 but even  this    
would prove that life really is the     
highest end to be attained4  ,whatever  
tends to happiness tends to life1--joy  
is life and misery is  death4    ,in his
 long and toilsome pilgrimage1 man has  
come to his present estate  through     
endless struggle1 through brutal        
violence administered and  received4    
,and the question of the correctness of 
non-resistance as a  theory1 like any   
other theory1 does not depend upon      

whether it can be  enforced and lived   
now or to-morrow1 but whether it is the 
highest ideal  of life that is given us 
to conceive4 ,in one sense nothing is   
practical  excepting what is2 everything
 must have been developed out of all the
  conditions of life that now exist or  
have existed on the earth4 ,but to      
state this means little in the          
settlement of ethical questions1 for    
man's  future condition depends quite as
 much upon his mental attitude as upon  
any other fact that shapes his course4  
,everywhere it seems to have been taken 
for granted that force and  violence are
 necessary to man's welfare upon the    
earth4 ,endless volumes  have been      
written1 and countless lives been       
sacrificed in an effort to  prove that  
one form of government is better than   
another2 but few seem  seriously to have
 considered the proposition that all    
government rests on  violence and force1
 is sustained by soldiers1 policemen and
 courts1 and  is contrary to the ideal  

peace and order which make for the      
happiness and  progress of the human    
race4 ,now and then it is even admitted 
that in the  far distant ages yet to    
come men may so far develop toward the  
angelic  that political governments will
 have no need to be4 ,this admission1   
like  the common concept1 presumes that 
governments are good2 that their duties 
undertaken and performed consist in     
repressing the evil and the lawless1    
and protecting and caring for the       
helpless and the weak4    ,if the       
history of the state proved that        
governing bodies were ever formed  for  
this purpose or filled this function1   
there might be some basis for  the      
assumption that government is necessary 
to preserve order and to  defend the    
weak4 ,but the origin and evolution of  
the political state  show quite another 
thing--it shows that the state was born 
in aggression1  and that in all the     
various stages through which it has     
passed its  essential characteristics   

have been preserved4    ,the beginnings 
of the state can be traced back to the  
early history of  the human race when   
the strongest savage seized the largest 
club and  with this weapon enforced his 
rule upon the other members of the      
tribe4  ,by means of strength and       
cunning he became the chief and         
exercised this  power1 not to protect   
the weak but to take the good things of 
the earth  for himself and his4 ,one man
 by his unaided strength could not long 
keep  the tribe in subjection to his    
will1 so he chose lieutenants and aids1 
and these too were taken for their      
strength and prowess1 and were given a  
goodly portion of the fruits of power   
for the loyalty and help they lent      
their chief4 ,no plans for the general  
good ever formed a portion of the       
scheme of government evolved by these   
barbarous chiefs4 ,the great mass  were 
slaves1 and their lives and liberty held
 at the absolute disposal  of the       
strong4    ,ages of evolution have only 

modified the rigors of the first rude   
states4  ,the divine right to rule1 the 
absolute character of official power1 is
  practically the same to-day in most of
 the nations of the world as with  the  
early chiefs who executed their mandates
 with a club4 ,the ancient  knight who1 
with battle-ax and coat of mail1        
enforced his rule upon the  weak1 was   
only the forerunner of the tax-gatherer 
and tax-devourer of  to-day4 ,even in   
democratic countries1 where the people  
are supposed to  choose their rulers1   
the nature of government is the same4   
,growing from  the old ideas of absolute
 power1 these democracies have assumed  
that some  sort of government was       
indispensable to the mass1 and no sooner
 had they  thrown off one form of       
bondage than another yoke was placed    
upon their  necks1 only to prove in time
 that this new burden was no less       
galling  than the old4 ,neither do the  
people govern in democracies more than  
in any other lands4 ,they do not even   

choose their rulers4 ,these rulers      
choose themselves and by force and      
cunning and intrigue arrive at the  same
 results that their primitive ancestor  
reached with the aid of a club4    ,and 
who are these rulers without whose aid  
the evil and corrupt would  destroy and 
subvert the defenceless and the weak8   
,from the earliest time  these          
self-appointed rulers have been         
conspicuous for all those vices  that   
they so persistently charge to the      
common people whose rapacity1  cruelty  
and lawlessness they so bravely curb4   
,the history of the past  and the       
present alike proves beyond a doubt that
 if there is1 or ever  was any large    
class1 from whom society needed to be   
saved1 it is those  same rulers who have
 been placed in absolute charge of the  
lives and  destinies of their fellow    
men4 ,from the early kings who1 with    
blood-red  hands1 forbade their subjects
 to kill their fellow men1 to the modern
  legislator1 who1 with the bribe money 

in his pocket1 still makes bribery  a   
crime1 these rulers have ever made laws 
not to govern themselves but to  enforce
 obedience on their serfs4    ,the      
purpose of this autocratic power has    
ever been the same4 ,in the early  tribe
 the chief took the land and the fruits 
of the earth1 and parceled  them amongst
 his retainers who helped preserve his  
strength4 ,every  government since then 
has used its power to divide the earth  
amongst  the favored few and by force   
and violence to keep the toiling1       
patient1  suffering millions from any   
portion of the common bounties of the   
world4    ,in many of the nations of the
 earth the real governing power has     
stood  behind the throne1 has suffered  
their creatures and their puppets to be 
the nominal rulers of nations and       
states1 but in every case the real      
rulers are the strong1 and the state is 
used by them to perpetuate their  power 
and serve their avarice and greed4      
,,chapter ,,ii    ,,armies ,,and        

,,navies      ,how is the authority of  
the state maintained8 ,in whatever      
guise1 or  however far removed from the 
rudest savage tribe to the most modern  
democratic state1 this autocratic power 
rests on violence and force  alone4 ,the
 first great instrument which supports  
every government on  earth is the       
soldier with his gun and sword4 ,true1  
the army may be but  rarely used4 ,the  
civil power1 the courts of justice1 the 
policemen and  jails generally suffice  
in civilized lands to maintain existing 
things2  but back of these1 to enforce  
each decree1 is the power of armed men  
with  all the modern implements of      
death4    ,thousands of church          
organizations throughout the ,christian 
world profess  the doctrine of          
non-resistance to evil1 of peace on     
earth and good will  to men1 and yet    
each of these ,christian lands trains   
great bodies  of armed men to kill their
 fellows for the preservation of        
existing  things4 ,europe is made up of 

great military camps where millions of  
men  are kept apart from their fellows  
and taught the trade of war alone4  ,and
 democratic ,america1 feeling the flush 
of victory and the glow of  conquest1 is
 turning her energies and strength to   
gathering armies and  navies that shall 
equal those across the sea4 ,not only   
are these trained  soldiers a living    
denial of the doctrines that are        
professed1 but in  obedience to an      
eternal law1 deeper and more beneficent 
than any ever  made by man1 these mighty
 forces are working their own ruin and  
death4  ,these great armies and navies  
which give the lie to our professions of
  faith exist for two purposes3 first1  
to keep in subjection the people of     
their own land2 second1 to make war upon
 and defend against the other  nations  
of the earth4 ,the history of the world 
is little else than the  story of the   
carnage and destruction wrought on      
battlefields2 carnage  and destruction  
springing not from any difference       

between the common  people of the earth1
 but due alone to the desires and       
passions of the  rulers of the earth4   
,this ruling class1 ever eager to extend
 its power  and strength1 ever looking  
for new people to govern and new lands  
to  tax1 has always been ready to turn  
its face against other powers to        
satisfy the ruler's will1 and without   
pity or regret1 these rulers have       
depopulated their kingdoms1 and carried 
ruin and destruction to every  portion  
of the earth for gold and power4    ,not
 only do these ,european rulers keep    
many millions of men whose only  trade  
is war1 but these must be supported in  
worse than useless idleness  by the     
labor of the poor4 ,still other millions
 are trained to war and  are ever ready 
to answer to their master's call1 to    
desert their homes  and trades and offer
 up their lives to satisfy the vain     
ambitions of the  ruler of the state4   
,millions more must give their strength 
and lives  to build forts and ships1    

make guns and cannon and all the modern 
implements of war4 ,apart from any moral
 question of the right of man to  slay  
his fellow man1 all this great burden   
rests upon the poor4 ,the vast  expense 
of war comes from the production of the 
land and must serve to  weaken and      
impair its industrial strength4 ,this   
very force must destroy  itself4 ,the   
best talent of every nation is called   
upon to invent new  implements of       
destruction--faster sailing boats1      
stronger forts1 more  powerful          
explosives and more deadly guns4 ,as one
 nation adds to its  military stores1 so
 every other nation is also bound to    
increase its army  and navy too4 ,thus  
the added force does not augment the    
military power1  but only makes larger  
the burden of the state2 until1 to-day1 
these great  armies1 aside from         
producing the moral degradation of the  
world1 are  sapping and undermining and 
consuming the vitality and strength of  
all  the nations of the earth4 ,cost of 

labor and strength means cost of life4  
,thus in their practical results these  
armies are destroying millions of  lives
 that a policy of peace and             
non-resistance would conserve and save4 
99       99       99       99       99  
,but when these armies are in action how
 stands the case8 ,over and over  again 
the world has been submerged by war4    
,the strongest nations of the  earth    
have been almost destroyed4 ,devastating
 wars have left consequences  that      
centuries could not repair4 ,countless  
millions of men have been used  as food 
for guns4 ,the miseries and sufferings  
and brutality following  in the wake of 
war have never been described or        
imagined1 and yet the  world persists in
 teaching the glory and honor and       
greatness of war4 ,to  excuse the       
wholesale butcheries of men by the      
governing powers1 learned  apologists   
have taught that without the havoc and  
cruel devastation of  war the human race
 would overrun the earth2 and yet every 

government in  the world has used its   
power and influence to promote and      
encourage  marriage and the rearing of  
children1 to punish infanticide and     
abortion1  and make criminal every      
device to prevent population2 have used 
their  power to heal the sick1 to       
alleviate misery and to prolong life4   
,every  movement to overcome disease1 to
 make cities sanitary1 to produce and   
maintain men and women and children has 
received the sanction and  encouragement
 of all governments2 and still these    
glorious rulers have  ruthlessly        
slaughtered in the most barbarous and   
cruel way tens of  millions of their    
fellow men1 to add to their glory and   
perpetuate their  names4 ,and           
philosophers have told us that this was 
necessary to prevent  the               
over-population of the earth6    ,no    
single ruler1 however cruel or          
ambitious1 has ever yet been able to    
bring the whole world beneath his sway1 
and the ambitions and lusts of  these   

separate chiefs have divided the world  
into hostile camps and  hostile states4 
,endless wars have been waged to        
increase or protect the  territory      
governed by these various rulers4 ,in   
these bloody conflicts  the poor serfs  
have dumbly and patiently met death in a
 thousand  sickening ways to uphold the 
authority and prowess of the ruler whose
  sole function has ever been to pillage
 and rob the poor victims that  fate has
 placed within his power4 ,to these     
brutal1 senseless1 fighting  millions   
the boundaries of the state or the color
 of the flag that they  were taught to  
love could not in the least affect their
 lives4 ,whoever  their rulers1 their   
mission has ever been to toil and fight 
and die for  the honor of the state and 
the glory of the chief4    ,but1 to-day1
 even national preservation demands that
 the rule of peace  shall give place to 
the rule of war4 ,in the older countries
 of the earth  the great drains made    
upon industry and life to support vast  

armies and  equip them for slaughter is 
depopulating states and impoverishing   
the  lands4 ,and besides all this1 so   
far as external power is concerned1 no  
nation adds to its effectiveness to     
battle with the others by increasing    
its army and navy4 ,this simply serves  
to increase the strength of the  enemy's
 guns and to make new combinations      
between hostile lands1 until  the very  
strength of a nation becomes its        
weakness and must in turn  lead to its  
decay and overthrow4 ,the nation that   
would to-day disarm  its soldiers and   
turn its people to the paths of peace   
would accomplish  more to its building  
up than by all the war taxes wrung from 
its hostile  and unwilling serfs4 ,a    
nation like this would exhibit to the   
world  such an example of moral grandeur
 and true vitality and worth that no    
nation1 however powerful1 would dare to 
invite the odium and hostility  of the  
world by sending arms and men to conquer
 a peaceful1 productive1  non-resistant 

land4 ,if the integrity and independence
 of a nation  depended upon its forts   
and guns the smaller countries of       
,europe would at  once be wiped from the
 map of the world4 ,switzerland1        
,holland1 ,greece1  ,italy1 and ,spain  
are absolutely powerless to defend      
themselves by force4  ,if these nations 
should at once disarm every soldier and 
melt every gun  and turn the worse than 
wasted labor into productive1           
life-saving work1  they could but       
greatly strengthen themselves amongst   
the other nations of  the earth4 ,not   
only this1 their example would serve to 
help turn the tide  of the world from   
the barbarous and soul-destroying path  
of war toward  the higher1 nobler life  
of peace and good will toward men4      
,but not alone are these small nations  
made still weaker by war1 but  every    
battleship that is built by ,england1   
,russia1 ,france1 ,germany1 or  the     
,united ,states really weakens those    
nations too4 ,it weakens them  not alone

 by the loss of productive power but by 
the worse than wasted  energy which is  
required to support these implements of 
death1 from the  time their first beam  
is mined in the original ore1 until     
scarred and  worthless and racked by    
scenes of blood and violence and shame1 
they  are thrown out upon the sands to  
rot4 ,but every battleship weakens a    
nation by inviting the hostility of the 
other peoples of the earth1 by          
compelling other rulers to weaken their 
kingdoms1 to build mighty ships  and    
powerful guns4 ,every preparation for   
war and violence is really a  violation 
of the neutrality under which great     
nations profess to live4  ,they are a   
reflection upon the integrity and       
humanity of their own people  and an    
insult to every other land on earth4    
,the building of a man of war1  the     
rearing of a fort1 or the planting of a 
gun can be likened only to a  man who   
professes to live in peace and quiet    
with his neighbors and his  friends and 

who goes about armed with pistol and    
with dirk4           99       99        
99       99       99    ,but these      
patent evils and outrages are after all 
the smallest that  flow from violence   
and strife4 ,the whole pursuit of war   
weakens the  aspirations and ideals of  
the race4 ,rulers have ever taught and  
encouraged the spirit of patriotism1    
that they might call upon their  slaves 
to give their labor to the privileged   
class and to freely offer up  their     
lives when the king commands4 ,every    
people in the world is taught  that     
their country and their government is   
the best on earth1 and that  they should
 be ever ready to desert their homes1   
abandon their hopes1  aspirations1 and  
ambitions when their ruler calls1 and   
this regardless  of the right or wrong  
for which they fight4 ,the teaching of  
patriotism  and war permeates all       
society1 it reaches to the youngest     
child and even  shapes the character of 
the unborn babe4 ,it fills the soul with

 false  ambitions1 with ignoble desires1
 and with sordid hopes4    ,every       
sentiment for the improvement of men1   
for human justice1 for the  uplifting of
 the poor1 is at once stifled by the    
wild1 hoarse shout for  blood4 ,the     
lowest standard of ethics of which a    
right-thinking man can  possibly        
conceive is taught to the common soldier
 whose trade is to  shoot his fellow    
man4 ,in youth he may have learned the  
command1 8,thou  shalt not kill10 but   
the ruler takes the boy just as he      
enters manhood  and teaches him that his
 highest duty is to shoot a bullet      
through his  neighbor's heart1--and this
 unmoved by passion or feeling or       
hatred1  and without the least regard to
 right or wrong1 but simply because his 
ruler gives the word4 ,it is not the    
privilege of the common soldier to  ask 
questions1 to consider right and wrong1 
to think of the misery and  suffering   
his act entails upon others innocent of 
crime4 ,he may be told  to point his gun

 at his neighbor and his friend1 even at
 his brother or  father2 if so he must  
obey commands4        ,theirs not to    
reason why1      ,theirs but to do and  
die1    represents the code of ethics   
that governs a soldier's life4    ,and  
yet from men who believe in these       
ideals1 men who sacrifice their  right  
of private judgment in the holiest      
matter that can weigh upon the          
conscience and the intellect1 the taking
 of human life1--men who place  their   
lives1 their consciences1 their         
destinies1 without question or          
hesitation1 into another's keeping1 men 
whose trade is slaughter and  whose     
cunning consists in their ability to    
kill their fellows1--from such  men it  
is expected to build great states and   
rear a noble humanity6    ,these        
teachings lead to destruction and death2
 the destruction of the  body and the   
destruction of the soul4 ,even on the   
plea of physical  evolution in the long 
sweep of time1 these men must give way  

to the  patient1 peaceful1              
non-resistants1 who love their brothers 
and believe in  the sacredness of life4 
,long ago it was written down that 8,he 
who takes  the sword shall perish by the
 sword40          ,,chapter ,,iii       
,,the ,,purpose ,,of ,,armies      ,but 
the great armies and navies are not     
really kept to-day for foreign          
conquest4 ,now and then1 in obedience to
 the commercial spirit that rules  the  
world1 these vessels of destruction are 
sent to foreign seas4 ,but  the rulers  
of the earth live on fairly friendly    
terms4 ,long since1 the  most ambitious 
have abandoned their dreams of world    
power and are content  to exploit a     
portion of the earth4 ,when warships are
 sent to foreign  seas they usually fire
 a salute rather than train their guns  
for death4  ,monarchs the world over    
respect each other4 ,they are bound     
together by  ties of common interest1 if
 not of common love4 ,when a ruler dies1
 even  though the most tyrannical and   

despotic1 every other ruler promptly    
sends  condolences to the sorrowing     
court2 their own subjects may die       
unwept1  but a touch of common feeling  
moves them to mourn a ruler's death4    
,nations are bound by many ties to      
preserve peace among each other4 ,scions
  of royal families are handed round in 
marriage from court to court1  treaties 
of all sorts are made and ratified in   
most solemn form2 and  even more than   
this1 the real owners of the world1     
those who possess the  stocks and bonds 
which rest upon the wealth that the poor
 have labored to  create1 these real    
rulers who make war or peace by giving  
or withholding  funds1 these own the    
great bulk of the property of the       
various nations of  the world1 and will 
not lightly suffer their possessions to 
be destroyed4  ,and yet these same real 
rulers1 who stand behind the thrones of 
all the  world1 approve of this         
preparation for war1 approve of taking  
millions  of men from their homes and   

training them to kill1 approve of every 
fort  and gun and battleship4 ,more than
 this1 they contribute largely of their 
private funds to build batteries and    
equip militia1 especially in the  great 
cities of the earth4 ,through the       
speeches of their agents and the  voice 
of their press1 all this grim visage of 
war is for the stranger  without their  
gates4 ,but in reality the prime reason 
for all the armies  of the world is that
 soldiers and militia may turn their    
guns upon their  unfortunate countrymen 
when the owners of the earth shall speak
 the word4  ,and these unfortunate      
countrymen are the outcast and despised1
 the meek  and lowly ones of the world1 
the men whose ceaseless toil and unpaid 
efforts have built the forts and molded 
the cannon and sustained the  soldiers  
that are used to shoot them down4    ,to
 say that these armies and frowning     
forts and gatling guns are needed  to   
maintain peace and order at home is to  
admit at once that the great  mass of   

men are held captive by the more        
powerful few4 ,organized soldiers  and  
policemen1 courts and sheriffs1 with    
guns and forts and jails1  have the     
greatest advantage over the disorganized
 mass who cannot act  together1 and who 
know not which way to turn to keep      
outside the meshes  of the law4 ,not one
 in a thousand need be trained to arms  
and authority  to keep the unorganized  
mass in the place reserved for it to    
live4 ,the  purpose of guns and armies  
is to furnish the few an easy and sure  
way to  control the mass4 ,neither are  
these armies made of the ruling class4  
,the  officers1 it is true1 are         
generally taken from the favored ones1  
but the  regular soldier is the man too 
poor and abandoned to find his place in 
any other of the walks of life4 ,he is  
only fit to be an executioner of  his   
fellow man4 ,no ruler can love his      
subjects when he takes their money  and 
their labor to buy cannon and train men 
to shoot them down4 ,that this  is the  

real purpose of standing armies and     
warlike equipments is plain  to all who 
have eyes to see4 ,more and more the    
rulers have learned to  build their     
barracks and mass their troops not on   
the borders of their  land but          
convenient to great cities1 in the midst
 of districts thickly  populated by     
working men4 ,as nations grow older the 
opportunities of the  masses grow less4 
,more men are called to serve the state1
 and greater  preparations are made to  
preserve the possessions of the rich4   
,these  soldiers are moved from place to
 place1 are massed at time of need1 not 
in accordance with the petition of the  
citizens from whose ranks the  soldiers 
come1 but in response to the request of 
the ruling class4           99       99 
99       99       99    ,quite apart    
from the question of the rights of      
capital on one hand and  labor on the   
other1 what must be the effect of this  
policy of force and  violence when      
reaching over long periods of time8 ,a  

nation is really  great and possessed of
 the lasting elements of strength in    
proportion  as her people are strong1   
intelligent1 and free4 ,the rulers of a 
nation  should owe their subjects some  
duty in return for the homage and taxes 
they receive4 ,the ruler who            
deliberately governs his subjects by    
violence and force1 and through tyranny 
and fear1 must find in time  that this  
policy of hatred and outrage is         
destroying and sapping the  foundations 
of the state2 the more strength and     
vitality that he draws  from the poor   
and the more soldiers required to       
support arbitrary power1  the greater   
the chasm that yawns beneath his feet4  
,the loyalty that is  kept through fear 
is lost with opportunity4 ,the rulers of
 ,rome before  her destruction1 and of  
,france before the ,revolution1 had     
drawn all the  soldiers from the people 
that the fields and shops could spare1  
and  used these to support their        
tottering power4 ,kings can gain nothing

 by  governing soldiers alone4 ,they    
must have farmers1 artisans1 all sorts  
of producers1 or their conquest is not  
worth the price4 ,the policy of  hatred 
and violence must in the end destroy the
 state4 ,it can breed only  hatred in   
the hearts of the outcast and the poor4 
,if their subjection is  incomplete1 the
 throne is resting upon the shifting    
sands4 ,if perfect  and complete1 their 
subjects are lifeless machines and their
 empires  crumbling to decay4 ,it is    
really idle to speculate as to whether  
love  and brotherhood could accomplish  
more2 it is certain they could not do   
less4 ,to disband the armies and destroy
 the forts1 to diffuse love and         
brotherhood1 and peace and justice in   
the place of war and strife1 could  tend
 only to the building up of character1  
the elevation of the soul1 and  the     
strength and well-being of the state4   
,true1 the class lines would  disappear4
 ,brotherhood would have neither ruler  
nor ruled1 would have no  authority of  

man over man1 would treat all as        
brothers and co-equals1 and  from it    
would grow a stronger state and a higher
 manhood than the world  has known4     
,peaceful industry relieved from the    
burdens of soldiers and  arms would     
inevitably increase1 and life1 rendered 
less burdensome by the  exactions of    
authority1 would lengthen and sweeten   
through the beneficent  influence of    
love4 ,no nation can be really great    
that is held together  by gatling guns1 
and no true loyalty can be induced and  
kept through fear4          ,,chapter   
,,iv    ,,civil ,,government      ,after
 the evolution of society through brute 
force and the first  stages of          
militarism1 comes civil government4 ,in 
its forms and methods  civil government 
differs from military government1 but in
 its essence1  its real purpose and     
effect1 it is the same4 ,civil          
government1 like  military government1  
rests on violence and force4 ,as society
 reaches the  industrial stage1 it is   

easier and costs less waste of energy   
for the  ruling class to maintain its   
supremacy through the intricate forms   
and  mazes of civil government1 than    
through the direct means of soldiers and
  guns4    ,civil governments1 like     
military governments1 are instituted and
  controlled by the ruling class4 ,their
 purpose is to keep the earth and  its  
resources in the hands of those who     
directly and indirectly have  taken it  
for themselves4 ,this can only be done  
by the establishment and  maintenance of
 certain rules and regulations          
concerning the disposition  of property 
and the fate of men4 ,a vast army of    
officials1 governors1  legislators1     
tax-gatherers1 judges1 sheriffs1        
policemen1 and the like are  maintained 
by the governing class to enforce these 
rules and regulations  and keep the     
exploited in their place4 ,the decrees  
of courts and the  various orders of    
civil government are enforced by        
violence1 differing  only in kind from  

the general's commands4 ,the decrees of 
courts1 whether  rightful or wrongful1  
must be obeyed1 and the penalty of      
disobedience is  the forcible taking of 
property1 the kidnapping and imprisoning
 of men1  and if need be1 the taking of 
human life4 ,if it shall ever occur that
  the civil authorities have not        
sufficient force to compel obedience1   
the  whole power of the army and navy   
may at once be made subservient to the  
civil power4    ,the vast army which is 
charged with enforcing and maintaining  
civil  law is drawn largely from the    
ruling class and those who contribute as
  their willing tools4 ,this class must 
be supported and maintained in  greater 
luxury than that enjoyed by the ordinary
 man1 and the support  entails ceaseless
 and burdensome exactions from the      
producing class4  ,these exactions are a
 portion of the price that the worker   
pays for the  privilege of being ruled4 
,it is true that a portion of the money 
forcibly  taken through the machinery of

 government is used for those coperative
  commercial purposes that are incident 
to a complex social life1 but it  has   
never yet been shown that an autocratic 
power like a political state  is needed 
to provide the common resources incident
 to social life4    ,practically the    
whole army of officials1 with its       
wastefulness1 its  extravagance and its 
endless peculation1 is supported and    
kept in worse  than idleness for the    
purpose of ruling men through violence  
and force4  ,even in so-called          
democracies the civil law1 with its     
ponderous and  costly machinery1 serves 
the same purpose as in monarchical      
states4 ,it is  easy to understand that 
when the decrees of a ruler are absolute
 it can  matter little whether these    
decrees are issued to an army and       
carried out  by force of the bayonet and
 gun1 or whether they are crystallized  
into  law and carried out by the orders 
of courts to be enforced by consigning  
troublesome and rebellious subjects to  

the prison or the block4 ,in either     
event the will of the sovereign is law1 
and the law is made for the  benefit of 
the ruler1 not the ruled4    ,in        
democracies1 the form is somewhat       
changed1 but the results are not        
unlike4 ,every democracy begins with a  
great mass of regulations inherited     
from the autocratic powers that have    
gone before4 ,these laws and customs    
are originally the same decrees that    
have gone forth from the absolute       
rulers of the earth1 and every change in
 forms and institutions is based  upon  
the old notions of property and rights  
that were made to serve the  ruler and  
enslave the world4    ,then1 too1       
authority has the same effect on human  
nature whether in an  absolute monarchy 
or a democracy1 and the tendency of     
authority is ever  to enlarge its bounds
 and to encroach upon the natural rights
 of those  who have no power to protect 
themselves4 ,the possession of authority
  and arbitrary power ever tends to     

tyranny1 and when autocratic orders  may
 be enforced by violence1 liberty and   
life depend upon sufferance  alone4 ,a  
close community of interest naturally   
springs up between those  circumstanced 
alike4 ,the man who possesses one sort  
of power1 as1 for  instance1 political  
privilege1 is very friendly to the class
 who possess  another sort1 as1 for     
instance1 wealth1 and this community of 
interest  naturally and invariably      
arrays all the privileged classes       
against the  weak4 ,the laws and        
regulations of a democracy tend no more 
to equality  than those of a monarchy4  
,under a democratic government          
inequality  of possession1 of           
opportunity1 of power1 is quite as great
 as under  absolute monarchies4 ,given  
the right to use force of man over man  
and  the strongest force will succeed4  
,you may forbid it in one direction1  it
 will but find a new method to          
accomplish the same result1 like the    
pent-up torrent that will find its      

outlet1 in however circuitous a route   
it is obliged to move4 ,the legislators 
who make laws come either from  the     
ruling class or draw their honors1      
rewards1 and emoluments from this       
class2 and the statutes of the most     
democratic state are not unlike the     
dictates of the absolute monarch1 and   
the decrees of both alike may  be       
enforced by all the power and violence  
of the state4 ,but laws do  not execute 
themselves1 and every official appointed
 or self-chosen to  enforce the law     
either comes from or naturally          
gravitates toward the  ruling class4    
,here again power grows by what it feeds
 on4 ,order is more  important than     
liberty1 and at all costs order must be 
enforced upon the  many4 ,the few have  
little need for law4 ,whatever is1 is   
theirs1 and may  they not use their own 
to suit themselves8 ,the business of the
 courts and  officials is to enforce    
order upon the great mass who must      
depend upon  the few for the means of   

life4 ,to enforce order upon them means 
that they  may only live in certain     
ways4           99       99       99    
99       99    ,but admitting the       
orthodox view of government to be       
correct1 then how  stands the case8 ,the
 great majority of mankind still believe
 in the  utility of the state4 ,they not
 only believe that society could not    
exist without the state1 but likewise   
that this political institution  exists 
and is maintained for the public good2  
that all its functions and  activities  
in some mysterious way have been        
conferred upon it by the  weaker class  
of society1 and that it is administered 
to save this class  from the ravages of 
the vicious and the strong4 ,of course1 
there are many  humane officials1 men   
who use their power to promote the      
public good1  as they see and understand
 the public good4 ,these1 in common with
 the  community1 look upon the endless  
provisions of our penal code as being   
the magical power that keeps the state  

from dissolution and preserves  the     
lives and property of men from the      
vicious and the bad4 ,the idea of       
punishment1 of violence1 of force1 is so
 interwoven with all our concepts  of   
justice and social life that but few can
 conceive a society without  force1     
without jails1 without scaffolds1       
without the penal judgments of  men4    
,the thought never suggests itself to   
the common mind that nature1  unaided by
 man's laws1 can evolve social order1 or
 that a community  might live in        
measurable peace and security moved only
 by those natural  instincts which form 
the basis and render possible communal  
life4 ,to be  sure1 the world is full of
 evidence that order and security do not
 depend  on legal inventions4 ,from the 
wild horses on the plains1 the flocks   
of birds1 the swarming bees1 the human  
society and association in new          
countries amongst unexploited people1   
suggestions of order and symmetry       
regulated by natural instincts and      

common social needs are ample to show   
the possibility at least of order or a  
considerable measure of justice  without
 penal law4 ,it is only when the        
arrogance and the avarice of  rulers and
 chiefs make it necessary to exploit men
 that these rulers must  lay down laws  
and regulations to control the actions  
of their fellows4  ,and the more fixed  
the caste1 the better settled the       
community2 the more  complete the       
private appropriation of land1 and the  
longer the penal  code1 the greater the 
number of victims that are caught within
 its snares4    ,turning from the       
examples everywhere present of the      
naturalness of order  and system to what
 we observe of the daily acts of men1   
the thought  that right conduct has     
little relation to penal laws is still  
further  confirmed4 ,in the myriad acts 
of men it is only rarely that one is    
done directly because of law4 ,to turn  
to the right when you meet your         
neighbor on the street2 to imperil your 

happiness and even your life  to help in
 dire need2 to protect the helpless2 to 
defend the weak2 to  tell the truth2 in 
fact1 to obey all that natural morality 
or right  conduct requires1 is the first
 instinct of man1 and ever prevails1 not
  only regardless of human law but in   
spite of human law1 and this1 too1  for 
the best and most abiding reason that   
can influence the life of man4  ,nature 
provides that certain conduct makes for 
life1 and in the sweep of  time1 those  
who conform to this conduct live and    
their offspring populate  the earth when
 they are gone2 those who violate the   
laws of communal  life will die or leave
 no descendants or weak offspring to be 
the last  survivors of their line4 ,the 
unschooled child and the uncivilized    
race  alike tell the truth2 they obey   
the laws of nature and the laws of life4
  ,it is only after the exploiter       
appears with his rules for enslaving man
  that he must needs build jails in     
which to pen those who defy or ignore   

their power4          ,,chapter ,v      
,,theory ,,of ,,crime ,,and ,,punishment
      ,those who believe in the         
beneficence of force have never yet     
agreed  upon the crimes that should be  
forbidden1 the method and extent of     
punishment1 the purpose of punishment1  
nor even its result4 ,they simply  agree
 that without force and violence social 
life cannot be maintained4  ,all        
conceivable human actions have fallen   
under the disfavor of the  law and found
 their place in penal codes3 ,blasphemy1
 witchcraft1  heresy1 insanity1 idiocy1 
methods of eating and drinking1 the     
manner of  worshiping the ,supreme      
,being1 the observance of fast days and 
holy days1  the giving of medicine and  
the withholding of medicine1 the        
relation of  the sexes1 the right to    
labor and not to labor1 the method of   
acquiring  and dispensing property1 its 
purchase and sale1 the forms of dress   
and  manner of deportment1 in fact      
almost every conceivable act of man4 ,on

 the  other hand1 murder1 robbery1      
pillage1 rapine1 have often been        
commended  by the ruling powers1 not    
only permitted1 but under certain       
conditions  that seemed to work to the  
advantage of the ruler1 this conduct has
 been  deemed worthy of the greatest    
praise4 ,the punishment for illegal acts
  have been as various as the crimes4   
,death has always been a favorite       
visitation for the criminal1 but the    
means of death have varied with  time   
and place3 ,boiling in oil1 boiling in  
water1 burning at the stake1  breaking  
on the wheel1 strangulation1 poison1    
feeding to wild beasts1  beheading1 and 
in fact every conceivable way down to   
the humane method of  electrocution and 
hanging by the neck until dead4 ,death1 
too1 has been  made the punishment for  
all sorts of crimes1 always for the     
crimes of  denying your ,maker1 or      
killing your ruler4 ,after death1 has   
come public  flogging1 standing in the  
stocks1 ducking1 maiming1 down to the   

humane  method of penning in a cage4 ,no
 two sets of rulers have ever agreed    
upon  the relative enormity of the      
various crimes1 the sort of punishment  
they merited1 the extent and duration of
 punishment1 or the purpose to  be      
accomplished by the punishment4 ,one age
 has pronounced martyrs and  worshiped  
as saints the criminals that another age
 has put to death4 ,one  law-making body
 repeals the crimes that another        
creates4 ,some judges with  venerable   
wigs have pronounced solemn sentence of 
death upon helpless1  defenceless old   
women for bewitching a cat4 ,grave      
judges have even  sentenced animals to  
death after due and impartial trial for 
crime4 ,the  judges who pronounced      
sentence of death on women for          
witchcraft were as  learned and good as 
those who to-day pronounce sentence for 
conspiracy  and other crimes4 ,it is    
quite as possible that another          
generation will  look with the same     
horror on the subjects of our laws as we

 look upon  those of the years that are 
gone4 ,it is but a few years since a    
hundred  different crimes were          
punishable with death in ,england1 and  
the wise men  of that day would not have
 believed that the empire could hold    
together  had these extreme statutes    
been limited to one or two4    ,but     
however drastic the laws at different   
periods of civilization1 they  have     
never been so broad but what a much     
larger number of blameworthy  acts were 
outside than inside the code4 ,neither  
have they ever been  enforced alike on  
all4 ,the powerful could generally      
violate them with  impunity1 but the net
 was there to ensnare the victim whom   
they wished to  catch4    ,neither has  
the method of determining the victim for
 these various laws  been as accurate   
and scientific as is generally presumed4
 ,sometimes it  has been by torturing   
until the victim is made to confess2    
sometimes by  wager of battle2 sometimes
 by tying the feet and hands and        

throwing them  into a pond1 when if they
 sank they were innocent1 if they swam  
they  were guilty and promptly put to   
death4 ,the modern method of arraying a 
defendant in court1 prosecuted by able  
lawyers with ample resources1  tried by 
judges who almost invariably believe in 
the prisoner's guilt1  defended as is   
usually the case by incompetent lawyers1
 and without  means1 is scarcely more   
liable to lead to correct results than  
the  ancient forms4 ,from the nature of 
things it is seldom possible to be sure 
about the commission of the act1 and    
never possible to fix the moral         
responsibility of the person charged    
with crime4           99       99       
99       99       99    ,for ages men   
have erected scaffolds1 instruments of  
torture1 built jails1  prisons and penal
 institutions without end1 and through  
all the ages a  long line of suffering  
humanity1 bound and fettered1 has been  
marching  to slaughter and condemned to 
living tombs2 and yet human governments 

charged with the responsibility of the  
condition and lives of these weak       
brothers1 have never yet been able to   
agree even upon the purpose for  which  
these pens are built4 ,all punishment   
and violence is largely mixed  with the 
feeling of revenge1--from the brutal    
father who strikes his  helpless child1 
to the hangman who obeys the orders of  
the judge2 with  every man who lays     
violent unkind hands upon his fellow the
 prime feeling  is that of hatred and   
revenge4 ,some human being has shed his 
neighbor's  blood2 the state must take  
his life4 ,in no other way can the crime
 be  wiped away4 ,in some inconceivable 
manner it is believed that when this    
punishment follows1 justice has been    
done4 ,but by no method of reasoning    
can it be shown that the injustice of   
killing one man is retrieved by  the    
execution of another1 or that the       
forcible taking of property is  made    
right by confining some human being in a
 pen4 ,if the law knew some  method to  

restore a life or make good a loss to   
the real victim1 it might  be urged that
 justice had been done4 ,but if taking  
life1 or blaspheming1  or destroying the
 property of another be an injustice1 as
 in our short  vision it seems to be1   
then punishing him who is supposed to be
 guilty  of the act1 in no way makes    
just the act already done4 ,to punish a 
human  being simply because he has      
committed a wrongful act1 without any   
thought  of good to follow1 is vengeance
 pure and simple1 and more detestable   
and  harmful than any casual isolated   
crime4 ,apologists who have seen the    
horror in the thought of vengeance and  
still believe in violence and  force    
when exercised by the state1 contend    
that punishment is largely for  the     
purpose of reforming the victim4 ,this1 
of course1 cannot be held in  those     
instances where death is the punishment 
inflicted4 ,these victims  at least have
 no chance to be reformed4 ,neither can 
it be seriously  contended that a penal 

institution is a reformatory1 whatever  
its name4 ,a  prisoner is an outlaw1 an 
outcast man1 placed beyond the pale of  
society  and branded as unfit for the   
association of his fellow man2 his      
sentence  is to live in silence1 to toil
 without recompense1 to wear the badge  
of infamy1 and if ever permitted to see 
the light to be pointed at and  shunned 
by all who know his life4               
,,chapter ,,vi    ,,remedial ,,effects  
,,of ,,punishment      ,the last refuge 
of the apologist is that punishment is  
inflicted  to prevent crime4 ,no one can
 speak from experience as to whether    
punishment prevents what is called crime
 or not1 for the experiment of          
non-resistance has never yet been fairly
 or fully tried4 ,to justify  killing or
 penning a human being upon the theory  
that this prevents crime  should call   
for the strictest proof on the part of  
those who advocate  this course4 ,to    
take the life or liberty of a fellow man
 is the most  serious responsibility    

that can devolve upon an individual or  
community4  ,the theory that punishment 
is a preventive to unlawful acts does   
not  seriously mean that it is          
administered to prevent the individual  
from  committing a second or a third    
unlawful act4 ,if this were the case    
the death penalty should never be       
inflicted1 as life imprisonment         
accomplishes the same results4 ,neither 
would it be necessary to restrain  men  
in the way that is done in our penal    
institutions1 to deprive them of  all   
pleasure and the income of their labor4 
,all that would then be needed  would be
 to keep men safely locked from the     
world4 ,but most unlawful acts  are     
committed hastily in the heat of passion
 or upon what seems adequate            
provocation1 or through sore need4 ,such
 acts as these would almost never  be   
repeated4 ,genuine repentance follows   
most really vicious acts1 but           
repentance1 however genuine1 gives no   
waiver of punishment4    ,then1 too1    

many men who commit no act in violation 
of the law are  known to be more likely 
to commit such acts than others who     
through  some circumstances may have    
violated a criminal statute4 ,men of    
hasty  temper1 of strong will1 of       
intemperate habits1 often with no means 
of  support1 all of these are more      
liable to crime than one who has once   
overstepped the bounds4 ,but it is      
obvious that this is not the real       
reason for punishment2 if it were it    
would be the duty of judge and jury  to 
determine1 not whether a man had        
committed a crime1 but whether he was   
liable to commit one at some future     
time1 an inquiry which is never made    
and which it is obvious could not be    
made4           99       99       99    
99       99    ,the safety aimed at     
through punishment is not meant the     
safety for the  individual1 but it is   
contended that the fact that one person 
is punished  for an act deters others   
from the commission of similar unlawful 

acts2  it is obvious that there is a    
large class who are not deterred by     
these  examples1 for the inmates of     
prisons never grow less1 in fact prisons
  grow and increase in the same         
proportion as other institutions grow4  
,but here1 too1 the theories and acts of
 rulers have been as various and        
contradictory as in relation to other   
matters concerning crime and its        
punishment4 ,if the purpose of          
punishment is to terrorize the community
  so that none will dare again to commit
 these acts1 then the more terrible  the
 punishment the surer the result4 ,this 
was generally admitted not many  years  
ago1 but in its treatment of crime the  
world ever prefers to be  illogical and 
ineffectual rather than too brutal4     
,if terrorism is the object aimed at1   
death should again be substituted  for  
the various crimes1 great and small1    
which ever justified taking  human life4
 ,death1 too1 should be administered in 
the most cruel way4  ,boiling1 the rack1

 wild beasts1 and slow fires should be  
the methods  sought4 ,it should be      
steadfastly remembered by all squeamish 
judges  and executioners that one       
vigorous punishment would prevent a     
thousand  crimes4 ,but more than all    
this1 death should be in the most public
 way4  ,the kettle of boiling oil should
 be heated with its victim inside1 out  
upon the commons1 where all eyes could  
see and all ears could hear4 ,the       
scaffold should be erected high on a    
hill1 and the occasion be made  a public
 holiday for miles around4 ,this was    
once the case even within  the last half
 century4 ,these public hangings in     
,europe and ,america have  drawn great  
crowds of spectators1 sometimes reaching
 into the tens of  thousands1 to witness
 the value that the state places on     
human life4  ,but finally1 even stupid  
legislators began to realize that these 
scenes  of violence1 brutality and crime
 bred their like upon those who came to 
see4 ,even governments discovered that  

many acts of violence followed a  public
 hanging4 ,the hatred of the state which
 calmly took a human life  engendered   
endless hatred as its fruit4 ,and in all
 countries that claim a  semblance of   
civilization1 public hangings are now   
looked back upon with  horror and       
amazement4 ,hangings to-day take place  
inside the jail in the  presence of a   
few invited guests1 a state doctor who  
watches carefully  to see that the      
victim is not cut down before his heart 
has ceased to  beat1 a chaplain who     
calls on the ,creator of life to take   
back to his  bosom the divine spark     
which man in his cruelty and wrath is   
seeking to  snuff out4 ,even the state  
is not so cruel but that it will        
officially  ask the ,almighty to look   
after the soul that it blackens and     
defiles  and does its best to           
everlastingly destroy4 ,a few friends of
 the jailer  are present to witness the 
rare performance1 and the newspapers too
 are  represented1 so that the last     

detail1 including the breakfast bill of 
fare1 may be graphically set before the 
hungry mob to take the place of  the    
real tragedy that they had the right to 
witness in the good old days4  ,many    
states to-day have provided that        
executions shall be inside the          
penitentiary walls1 that the victim     
shall be wakened1 if perchance he is    
asleep1 in the darkness and dead of     
night2 that he shall be hurried off     
alone and unobserved and hastily put to 
death outside the gaze of any  curious  
eye2 that this barbarism shall be done1 
this unholy1 brutal deed  committed in  
silence1 in darkness1 that the heavens  
and earth alike may  cover up the       
shocking crime1 from which a sensitive  
public conscience  stands aghast4 ,the  
ever-present public press in many cases 
is allowed to  print only the barest    
details of the bloody scene1 so that    
oblivion may  the more quickly and      
deeply cover this crowning infamy of the
 state4    ,the abolition of public     

hangings may speak something for the    
sensitiveness1 or at least1 the         
squeamishness of the state4 ,but it is  
evident that all of this is a terrible  
admission of guilt upon the part  of    
those who uphold this crime4 ,it is     
possible that one might believe at      
least in the sincerity of those who     
argue that punishment prevents crime1   
if these terrible scenes of violence    
were carried out in open day before  the
 multitude1 and fully understood and    
discussed in all their harrowing1       
shocking details of cruelty and blood4  
,if the sight of punishment  terrorizes 
men from the commission of crime then1  
of course1 punishment  should be as open
 as the day4 ,in so far as the state is 
successful in  keeping secret the       
execution of its victim1 in this far    
does it abandon  every claim of         
prevention and rests its case for       
punishment on vengeance  and cruelty    
alone4 ,the rulers of this generation1  
who are ashamed of  their deeds1 may be 

wiser and more sensitive than those of  
the last1  but our ancestors1 although  
less refined1 were much more logical and
  infinitely more honest than are we4   
,the whole question of punishment is not
 only proven but fully admitted by  our 
rulers in their dealings with the death 
penalty4 ,it is now everywhere  admitted
 that the brutalizing effects of public 
executions are beyond  dispute4 ,it was 
only after the completest evidence that 
the believers in  the beneficence of    
punishment and violence abandoned public
 executions1  for to abandon these was  
to utterly abandon the principle on     
which all  punishment is based4    ,it  
would1 of course1 be impossible to prove
 the exact result of a public           
execution4 ,somewhere in a quiet rural  
community1 growing out of sudden        
passion or some unexplained and         
temporary aberration1 a man takes the   
life of his fellow man4 ,to the shock   
incident to this fatal act is added  a  
long public trial in the courts where   

every detail is distorted and  magnified
 and passed from tongue to tongue until 
even the lisping babe  is thoroughly    
familiar with every circumstance of the 
case with all its  harrowing details    
iterated and reiterated again and again4
 ,there grows up  in the public mind a  
bitter hatred against the unfortunate   
victim whose  antecedents1 life and     
motives they can in no way understand or
 judge4 ,it  is really believed that no 
one has the right to look upon this     
person  with any feeling save that of   
hatred1 and the least word of pity or   
sign  of sympathy for the outcast is set
 down as sickly sentimentalism and the  
mark of mental and spiritual disease4   
,weeks and months1 sometimes even       
years1 elapse in the slow and unending  
process of the courts4 ,the whole       
tragedy has been well nigh forgot1 at   
least it no longer has any vital  effect
 upon the community4 ,finally it is     
announced that on a certain day  a      
public hanging will take place4 ,once   

more every detail of the tragedy  is    
recalled to the public mind2 once more  
each man conjures up a monster  in the  
place of the hunted1 weak1 doomed victim
 whose act no one either  fathoms or    
seeks to understand4 ,a sightly spot is 
chosen perhaps upon  the village green4 
,for several days men are kept busy     
erecting a strange  and ominous machine2
 the old men and women1 the middle aged1
 the boys  and girls1 the little        
children1 even the toddling babes1      
filled with  curiosity watch the work   
and discuss every detail of the weird   
and fatal  trap4 ,at length the day     
arrives for the majesty of the law to   
vindicate  itself4 ,from every point of 
the compass comes a great throng of both
  sexes1 all conditions and ages1 each  
to witness the most startling event  of 
their lives2 children are there1 babes  
in arms1 and even the unborn4  ,a rope  
is tied around a beam1 a noose is formed
 of the other end1 a  trembling1        
helpless1 frantic1 friendless victim is 

led up the steps1  placed on a trap1 his
 hands and feet are bound1 a black cap  
is pulled  down to hide his face1 the   
noose is securely fastened around his   
neck  below his ears4 ,the crowd watches
 breathless with suspense1 the signal   
is given1 the trap opens1 the man falls 
through space1 he is caught in  mid-air 
by the rope tightening about his neck1  
and strangling him to  death4 ,his body 
heaves1 his legs and arms move with     
violent convulsions1  he swings a few   
minutes in mid-air before the crowd1 a  
ghastly human  pendulum moving back and 
forth1 the mortal body of a man created 
in the  image of ,god whom the state has
 led out and killed to show the glory   
and  majesty of law6    ,the advocate of
 punishment is right in the belief that 
such a scene  will produce a profound   
impression upon all who see or hear or  
know4  ,the human being does not live   
who can witness such a tragedy or even  
know its details and not receive some   
impression that the rest of life  cannot

 efface4 ,the impression must be to     
harden and brutalize the heart  and     
conscience1 to destroy the finer        
sensibilities1 to cheapen human  life1  
to breed cruelty and malice that will   
bear fruit in endless ways  and unknown 
forms4 ,no parent who loved his child   
and who had any of the  human sentiments
 that should distinguish man from the   
brute creation1  would ever dare to     
trust that child to witness a scene like
 this4 ,every  intelligent loving mother
 carrying an unborn babe would close her
 eyes  and stop her ears and retire to  
the darkest corner she could find lest  
the unborn babe marked by the baleful   
scene should one day stand upon the     
same trembling trap with a rope about   
his neck4    ,the true morality of a    
community does not depend alone upon the
 number of  men who slay their fellows4 
,these at most are very few4 ,the true  
morality  depends upon every deed of    
kindness or malice1 of love or hatred1  
of  charity or cruelty1 and the sum of  

these determine the real character  and 
worth of a community4 ,any evil         
consequences that could flow from a     
casual killing of a human being by an   
irresponsible man would be like a  drop 
of water in the sea compared with a     
public execution by the state4    ,it   
would probably not be possible to find a
 considerable number of men  to-day who 
would believe that a public hanging     
could have any but bad  results4 ,this  
must be true because the knowledge of   
its details tends  to harden1 embitter  
and render cruel the hearts of men4     
,only in a less  degree does the        
publication of all the details affect   
the characters and  lives of men1 but   
unless they are at least published to   
the world1 then  the example is of no   
effect4 ,the state which would take life
 without any  hope or expectation that  
the community would in any way be       
bettered could  not rank even among     
savage tribes4 ,such cruelty could only 
be classed as  total depravity4    ,but 

the effect of other punishment is no    
whit different save in degree  from that
 of hanging4 ,cultivated1 sensitive     
people have long since  deplored the    
tendency of newspapers to give full and 
vivid accounts  of crimes and their     
punishment1 and the better and humaner  
class of  citizens shun those journals  
which most magnify these details4 ,all  
of  this has a tendency to familiarize  
man with violence and force1 to  weaken 
human sensibilities1 to accustom man to 
cruelty1 to blood1 to  scenes of        
suffering and pain4 ,what right-thinking
 parent would place  this literature    
before his child and familiarize his    
mind with violence  practiced either by 
the individual or the state8 ,and yet if
 punishment is  a deterrent1 the widest 
publicity should be given to the story  
of every  crime and the punishment      
inflicted by the state4    ,that men    
even unconsciously feel that punishment 
is wrong is shown by  their attitude    
toward certain classes of society4 ,a   

hangman would not be  tolerated in a    
self-respecting body of men or women1   
and this has been  the case for many    
years1 in fact since men made a trade of
 butchering  their fellow man4 ,a       
professional hangman is really as much  
despised  as any other professional     
murderer4 ,a detective1 jailer1         
policeman1  constable and sheriff are   
not generally regarded as being subjects
 of  envy by their fellows4 ,still none 
of these are as much responsible for    
their acts as the real rulers who make  
and execute the law4 ,the time will     
come when the public prosecutor and the 
judge who sentences his brother  to     
death or imprisonment will be classed   
with the other officers who lay  violent
 and cruel hands upon their fellows4    
,if the imprisonment of men tended to   
awe others into obedience to law1  then 
the old ideas of penal servitude are the
 only ones that can be  logically       
sustained4 ,a prison should be the most 
horrible1 grewsome1  painful place that 

can be contrived4 ,physical torture     
should be a common  incident of prison  
life4 ,the victim himself is beyond the 
pale of  society4 ,his life should be   
used to aid the community by the        
frightful  example3 ,dark dungeons1     
noxious smells1 vermin1 rats1 the       
hardest1 most  constant toil1 long terms
 of imprisonment1 and the red mark to be
 branded  on his brow1 when he at last  
is turned loose to the light of day4    
,prisons  should be open to the public1 
so that the old and young can constantly
  witness the terrible effects of crime4
 ,prisons and jails should be in  every 
community and in the most conspicuous   
place4 ,the young should not  be left to
 casually hear of public punishments or 
to imagine a penal  institution4 ,the   
living horrible example in all its      
loathsome1 sickening  details should be 
ever kept before their eyes4 ,most men  
now regard these  public exhibitions of 
the malice of the state exactly as they 
now look on  public hangings1 as tending

 to degrade and debauch and harden the  
hearts  of those who become familiar    
with the sight4 ,but if the open sight  
and  knowledge of a penal institution   
tends to degrade and harden the heart1  
then the secret1 imperfect1 covert      
knowledge produces the same effect  only
 in less degree4    ,all communities and
 states are in reality ashamed of jails 
and penal  institutions of whatever     
kind4 ,instinctively they seem to       
understand that  these are a reflection 
on the state4 ,more and more the best   
judgment and  best conscience of men are
 turned toward the improvement of       
prisons1 the  introduction of sanitary  
appliances1 the bettering of jail       
conditions1  the modification of        
punishment1 the treatment of convicts as
 men4 ,all  of this directly disproves  
the theory that the terrible example of 
punishment tends to prevent crime4 ,all 
these improvements of prison  conditions
 show that society is unconsciously     
ashamed of its treatment  of so-called  

criminals2 that the excuse of prevention
 of crime is really  known to be humbug 
and hypocrisy1 and that the real motive 
that causes  the punishment of crime is 
malice and hatred and nothing else4 ,the
  tendency to abrogate capital          
punishment1 to improve prisons1 to      
modify  sentences1 to pardon convicts is
 all in one direction4 ,it can lead to  
but  one inevitable result1 the         
abolition of all judgment of man by man1
 the  complete destruction of all       
prisons and the treatment of all men as 
if  each human being was the child of   
the one loving ,father and a part and   
parcel of the same infinite and         
mysterious life4          ,,chapter     
,,vii    ,,cause ,,of ,,crime      ,if  
the punishment of so-called crimes      
tended in any way to prevent  violent   
acts1 this tendency would be manifest in
 some conclusive way4  ,whether         
brotherhood love and non-resistance     
would lessen crime may be  a matter of  
debate1 but that punishment does not    

lessen it1 seems to  be as well         
established as any fact that cannot be  
absolutely proved4  ,the death penalty  
was for years drastically enforced for  
the crime of  smuggling1 but its        
enforcement in no way tended to prevent 
the practice  which flourished in spite 
of executions without number1--the      
common  consciousness would not accept  
this punishment as just and finally     
rulers  were forced to modify the       
punishment in self-defence4 ,the        
punishment of  death for larceny did not
 prevent the crime4 ,nearly every       
religion has  made its way in the face  
of the severest penal statutes4 ,its    
converts  have all been criminals and   
they have accepted and taught their     
faith  at the risk of life4 ,every      
organization of working men has grown up
 in  violation of human laws1 and the   
jails1 prisons and scaffolds have been  
busily engaged in suppressing this      
species of crime2 but in spite of  the  
fact that judges still imprison and     

execute for this crime1 these           
associations are now almost as firmly   
established as any institution of  the  
world4 ,all new political ideas1        
democracy1 socialism1 nihilism have  met
 the same fact and have made their way  
regardless of scaffolds and  jails4     
,even in the common crimes1 like        
burglary and larceny1 prisons have  had 
no effect4 ,from the dawn of            
civilization an endless procession of   
weak and helpless victims1 handcuffed1  
despised and outlawed1 have been        
marching up to prison doors and still   
the procession comes and goes4  ,time   
does not stay nor punishment make it    
less4 ,in fact the older the  community 
and the better settled and undisturbed  
its life1 the greater  the number of    
these unfortunates whom1 for some       
mysterious reason1  the ,infinite has   
decreed a life of shame and a death of  
ignominy and  dishonor4 ,if scaffolds   
and prisons and judges and jailers have 
no effect  to prevent and lessen crime1 

common wisdom1 to say nothing of humane 
instincts1 ought to seek some other     
plan4    ,intelligent men have long     
since ceased to believe in miracle or   
chance4  ,whatever they may think of    
ancient miracles and the original chance
 that  brought the universe into being1 
still most people now believe that the  
world's affairs1 be they small or great1
 physical1 intellectual1 or  moral1 come
 within the realm of law4    ,in the    
ordinary affairs of life1 men everywhere
 seek the causes that  produce effects4 
,men are called into being1 live their  
lives and pass  away in obedience to    
natural laws which are as immutable as  
the movement  of the tides4 ,in our half
 civilized condition we partially       
comprehend  this fact4 ,the defect of   
the born cripple1 the idiot1 the insane 
is no  longer charged to the poor victim
 who1 unhampered by the world1 still has
  a burden as heavy as should be given  
to mortal man to bear4 ,the physician   
who would treat fever or measles or     

diphtheria without considering  the     
cause would be considered the veriest   
bungler and responsible for  his        
patient's death4 ,it is not so very long
 ago that a world about as  intelligent 
as our own believed that disease1       
deformity1 and sin came  from the same  
cause1--some sort of an evil spirit that
 found its abode  in man4 ,the way to   
destroy the evil spirit was generally to
 destroy the  man4 ,the world will      
perhaps grow wise enough to not only    
believe that  disease1 deformity1 and   
sin have a common cause1 but perhaps so 
wise as  to find their common cause4 ,no
 skilful physician called to the bedside
 of  a child suffering with scarlet     
fever would upbraid the child for the   
evil  spirit that caused its pain2 no   
more would he punish the consumptive for
  his hacking cough2 he would understand
 perfectly well that the physical       
condition of each was due to some       
natural cause1 and that the disease     
could be cured in these patients and    

avoided with others only when the  cause
 was destroyed1 or so well known that no
 one need fall a victim  to the malady4 
,even in diseases of the most contagious
 sort1 where the  isolation of the      
patient is necessary to protect the     
lives and health of  others1 this       
isolation would be accomplished not in  
hatred or malice but  in the greatest   
tenderness and love1 and the isolation  
would last only  for the purpose of a   
cure and a sufficient time for cure2 and
 every pains  would be taken to destroy 
and stamp out the cause which produced  
the  disease4    ,the theory of disease 
is so well understood to-day that our   
physicians  clearly recognize mental    
disease as well as physical4 ,insanity  
is no  longer punished as a crime as in 
the days gone by1 and even kleptomania  
is now a well classified and recognized 
disease4 ,no intelligent person  doubts 
the disease of kleptomania2 its symptoms
 are too well established4  ,when a     
person steals a thing he does not need1 

it is an evidence of  kleptomania1 an   
ungovernable will4 ,when a poor person  
takes a thing he  needs and cannot live 
without1 there is no evidence of an     
ungovernable  will4    ,many facts have 
been classified concerning physical     
disease and our  knowledge of its       
nature1 cause1 and cure grows year by   
year4 ,malignant  spirits and accident  
are no longer considered in reference to
 disease2  while the origin of all      
bodily ailments is not yet known1 so    
many have  been ascertained as to make  
it sure that with sufficient knowledge1 
all  could be traced to their natural   
cause4 ,and while the means have not yet
  been found to cure each disease1 still
 so much is known as to warrant  the    
belief that there is no physical ailment
 that will necessarily cause  death4    
,and intelligent research is constantly 
adding to the known and ever  narrowing 
the realm of the mysterious and         
unexplained4 ,in physical  disease long 
observation has shown that certain      

climates and certain  localities are    
favorable to this disease or that2 some 
places naturally  breed malaria1 and the
 mind of man is turned to discovering   
methods to  overcome the conditions     
which produce the disease4 ,if fevers   
abound1 the  conditions are carefully   
observed to find what breeds the        
infectious  germ4 ,it is not difficult  
to imagine that if the medical          
profession  should ever labor purely to 
cure disease1 instead of to make money  
for  itself1 and should continue its    
research and investigation1 that few    
would die until old age should terminate
 life as simply and naturally as  birth 
ushers it in4    ,but in the realm of   
the mental and the moral1 the law has   
been content  for centuries to rest at  
ease4 ,our practical dealings with crime
 are  based on the same theories of evil
 and evil spirits that made wise        
physicians drive the devils into swine  
and swine into the sea4 ,if any         
progress has been made it has been in   

believing that1 instead of one  being   
possessed of a devil1 he really is a    
devil4 ,when the physical  condition of 
a man is sufficiently far removed from  
the physical  condition of the average  
which is supposed to represent the      
normal man1  he is treated for the      
disease4 ,when the mental condition     
sufficiently  varies from that of the   
ordinary man1 the normal man1 he is     
promptly  imprisoned or put to death4   
,judges and juries debate and ponder    
over the  question of whether a man has 
done some act that is not commonly done 
by  his fellows1 and if they determine  
that he is guilty of doing the act1  the
 judgment follows that he must have     
wilfully and perversely chosen to  do   
wrong4 ,no one then inquires why he did 
the act and whether there are           
conditions of disease present in the    
community that will lead others to  do  
like acts4 ,there is but one thing to   
do4 ,the man is evil4 ,the state  must  
lay violent hands upon him--must meet   

evil with evil1 violence with  violence4
 ,there is but one cure for malice and  
that is malice4    ,but however ignorant
 the law and its administrators1 some of
 the rules of  conduct have been brought
 to light2 while judges have been       
sentencing1  and hangmen and jailers    
plying their grewsome trades1 there have
 been  thinkers and students and        
historians1 who did not believe in the  
old  theory of witchcraft and evil      
spirits on which human punishment really
  rests4 ,these students and scholars   
have labeled and classified facts and   
have at least learned something as to   
the cause and origin of what men  call  
crime4 ,enough at least has been        
discovered to prove that punishment  has
 absolutely no effect to lessen crime4  
,the ancients believed in the existence 
of the body and the soul as  independent
 entities4 ,each had its own sphere of  
action and neither one  had any relation
 to the other4 ,this idea has come down 
to us and is  present in all our        

dealings with our fellow man4           
,particularly is this  the view of      
government in its tender care of those  
who are the subjects  of its laws4 ,the 
care and treatment of the body come     
within the province  of the physician4  
,the care and treatment of the soul     
belong to the priest  and the hangman4  
,whether man has a soul that ever       
existed or can exist  independent of the
 body may be a question that will remain
 forever open  to occupy our thoughts4  
,but this at least is true3 that the    
condition of  the body has the greatest 
influence over the mental and so-called 
moral  nature of man4 ,the body and mind
 grow together and decay together4      
,health  in one generally indicates     
health in the other4 ,the overfeeding or
 the  starvation of the one means the   
disease of the other4 ,it is doubtful if
  any mental characteristic or abnormal 
condition could not be traced to  its   
physical cause either in the individual 
or his ancestors1 if science  were far  

enough advanced4    ,everyone who is    
familiar with the inmates of jails and  
penal institutions  has learned to know 
the type of man that is confined as a   
criminal4 ,in  nearly every case these  
are inferior physically to the average  
man4 ,in  nearly every case they are    
also inferior mentally to the average   
man4  ,one needs but visit our criminal 
courts day after day to find that the   
average criminal is a stunted1 starved1 
deficient man4 ,more than this1  almost 
universally they come from the poorer   
class--men and women reared  in squalor 
and misery and want1 surrounded from    
youth by those who have  been compelled 
to resort to almost any means for life2 
people who1  whatever their own code of 
ethics1 have not been able in their     
growth  to maintain those distinctions  
in conduct which to the common mind     
constitutes the difference between      
lawful and unlawful acts4 ,here and     
there1 of course1 one finds some one in 
jail who has been differently  reared2  

but these are the exceptions which in no
 way disprove the rule4  ,these cases   
too can be traced to their cause like   
all the rest4 ,there are  certain moral 
diseases like speculation1 for instance1
 that seize on men  exactly as the      
measles or the mumps4 ,these diseases   
generally flourish in  great cities and 
are not indigenous to country life4 ,not
 only are these  prisoners deficient in 
stature and intellect1 but the shape of 
their  heads shows them different from  
other men4 ,as a class their heads are  
much less symmetrical and what are known
 as the higher faculties are much  less 
developed than with the ordinary man4   
,if it were established even that the   
criminal type is inferior mentally  and 
physically and that they have all       
misshapen heads1 this alone ought  to be
 sufficient to raise the inquiry as to  
who was responsible for their  acts4    
,long ago a wise man said that no one   
could by taking thought add a  cubit to 
his stature1 and yet we hang and pen    

because these unfortunates  have not    
grown as tall1 as large1 or as          
symmetrical as the ordinary  man4 ,but  
the mental actions of man have been     
shown to be as much due to  law and     
environment as his physical             
health1--certain sections of the  world 
are indigenous to men who kill their    
fellows2 and more than this1  certain   
portions produce men who kill with guns1
 others who kill with  a knife1 others  
still who administer poison4 ,in certain
 sections1 the  chief crime is horse    
stealing2 in others1 running illicit    
distilleries2  again1 burglary2 in some 
places1 poaching2 sometimes1 robbery2   
and  again1 smuggling4 ,a study of      
conditions would reveal why each of     
those  crimes is indigenous to the      
particular soil that gives them birth1  
and  just as draining swamps prevents   
the miasma1 so a rational treatment  of 
the condition caused by the various     
crimes would cure them1 too4 ,if  our   
physicians were no more intelligent than

 our lawyers1 when called  to visit a   
miasmic patient1 instead of draining the
 swamp they would  chloroform the       
patient and expect thus to frighten all 
others from taking  the disease4        
,observation as to so-called crime has  
gone much further4 ,the number of       
inmates of our jails is much larger in  
winter than in summer1 which  ought to  
show that there is something in the air 
that produces a wicked  heart in the    
winter1 or that many persons directly or
 indirectly go to  jail because in      
winter1 food and warmth are not easily  
obtained and  work is hard to get4 ,for 
many years it has been observed that    
jails are  very much more crowded in    
hard times than in good times4 ,if work 
were  sufficiently plenty or            
remunerative both jails and almshouses  
would  be compelled to close their      
doors4 ,long ago it was ascertained from
  statistics that the number of crimes  
rose and fell in exact accord with  the 
price of bread4 ,all new communities1   

where land is cheap or free and  labor  
has ample employment1 or1 better still1 
a chance to employ itself1  are very    
free from crime4 ,england made          
,australia its dumping ground for       
criminals for years1 but these same     
criminals when turned upon the wide     
plains with a chance to get their living
 from the soil1 became peaceable1       
orderly citizens fully respecting one   
another's rights4 ,england1 too1  used  
certain portions of her ,american       
colonies where she sent men for  her    
country's good4 ,these criminals like   
all the criminals of the world  were the
 exploited1 homeless class4 ,when they  
reached the new country1  when they had 
an opportunity to live1 they became as  
good citizens as the  pilgrim fathers   
who were likewise criminals themselves4 
,as civilization  has swept westward    
through the ,united ,states1 jails have 
lagged behind4  ,the jail and the       
penitentiary are not the first          
institutions planted  by colonists in a 

new country1 or by pioneers in a new    
state4 ,these  pioneers go to work to   
till the soil1 to cut down the forests1 
to dig  the ore2 it is only when the    
owning class has been established and   
the  exploiting class grows up1 that the
 jail and the penitentiary become  fixed
 institutions1 to be used for holding   
people in their place4                  
,,chapter ,,viii    ,,the ,,proper      
,,treatment ,,of ,,crime      ,reason   
and judgment as well as an almost       
endless array of facts has  proven that 
crime is not without its cause4 ,in     
showing its cause1 its  cure has been   
made plain4 ,if the minds and energies  
of men were directed  toward curing     
crime instead of brutally assaulting the
 victims of  society1 some progress     
might be made4    ,it is often difficult
 to trace results1 because their        
relations are not  always direct and    
plain4 ,even in the realm of physical   
facts it is always  easy to stray from  
the straight path between cause and     

effect4 ,when we  observe the conduct of
 men and seek to find its cause the     
problem is  still more complex4 ,each   
human being is an entity made up of all 
that  is and of all that has gone       
before4 ,it may not be possible to tell 
from  whence he obtained every quirk or 
peculiarity of his brain1 but one  thing
 is sure1 he did not form his own skull 
and could have but little  part in      
arranging the brain cells within the    
bone4 ,this portion came  from his      
father1 this his mother gave1 this was  
bequeathed by a bloody  ancestor who    
died long generations since2 but all who
 went before did  their part1 and gave  
their little mite to make the composite 
brain that  drives its possessor here   
and there4    ,while the exact cause of 
any act may not be ascertained1 still   
the  general causes are beyond dispute4 
,a stunted body means that either  its  
owner or its ancestor has almost surely 
been starved and that want  and hunger  
have left their traces on the brain4 ,an

 inferior mind means  some incapacity1  
disease or disadvantage1 either in the  
individual  or his ancestor1 that has   
left him different from his fellow men4 
,an  unsymmetrical head may reach back  
to the early ape1 and account for any   
possible seeming deficiency or          
peculiarity in the brain1 which after   
all must be molded in the shape that the
 bone allows it to assume4  ,starved    
bodies can be cured by food4 ,true1 it  
may take more than one  generation to   
cure them as it may have taken several  
to produce them1  but1 after all1 they  
can be cured by food2 and a rational    
humane world  would commend itself more 
to thinking men and to the posterity    
which  will judge us1 by feeding these  
starved bodies rather than imprisoning  
them in pens4 ,an inferior mind or an   
ill-shaped head can be reached in a     
generation or more by feeding the body  
that supports it1 by treating it  with  
tenderness1 charity and kindness1 rather
 than ruling it with hatred1  bitterness

 and violence4    ,nearly every crime   
could be wiped away in one generation by
 giving the  criminal a chance4 ,the    
life of a burglar1 of a thief1 of a     
prostitute1  is not a bed of roses4 ,men
 and women are only driven to these     
lives  after other means have failed4   
,theirs are not the simple1 natural     
lives  of children1 nor of the childhood
 of the world2 but men and women can    
learn these professions or be bred to   
them4 ,after other resources are        
exhausted they will be chosen for the   
simple reason that life is sweet4  ,with
 all its pangs and bitterness1 it is the
 nature of life to send its  poor       
tendrils deep into the earth and cling  
with all its force and power  to this   
poor1 fleeting1 transitory world4       
,men are slow to admit that punishment  
is wrong and that each human  soul is   
the irresponsible1 unconscious product  
of all that has gone  before2 and yet   
every kind and wise parent in the world 
proves by his  every relation with his  

child that he knows that he is the      
author of  his being and the molder of  
his character1 and that he1 the parent1 
is  infinitely more responsible for the 
soul he launches than is the child      
himself4 ,there might be some measure of
 justice in trying and punishing  the   
parent for the conduct of the child1 but
 even this does not reach  back4 ,the   
source of every life runs back to the   
,infinite itself4 ,every  right thinking
 father does his best to have his child 
reared in those  influences and         
surroundings which will best contribute 
to his physical1  mental and moral      
growth4 ,even then he feels that the    
future is doubtful  enough2 that man is 
weak and finite and blind2 that he sees 
but a little  way into the dim1         
uncertain future2 that he is filled with
 passions1  emotions and desires2 that  
he must travel a path beset with all    
sorts of  temptations and promises2 that
 his weak sight will look upon beautiful
  cities and fair prospects which are   

only mirages and sent to beguile and    
insnare his soul4 ,few judges1 if called
 upon1 would not sooner slay their      
innocent sleeping child with their own  
loving hands1 than abandon him to  grow 
up in the streets or make his way       
unaided through the tangled mazes  that 
confront the homeless and the poor2 and 
yet these same judges will  coolly      
arraign men who all their lives have    
walked in the shadows through  a tangled
 maze beset with passion and fear1 and  
sentence them to death  and ask ,god to 
have mercy on their souls4 ,every man   
who loves his child  and seeks to       
surround him with what is best for his  
physical1 mental and  moral needs denies
 in his very life the right of man to   
judge and punish  his fellow man4       
,,chapter ,,ix    ,,impossibility ,,of  
,,just ,,judgment      ,natural laws    
rule the world4 ,it is a mistake to     
believe that the conduct  of man is     
outside of natural law4 ,the laws of    
being that move all the  sentient world 

rule him4 ,his first impulse is to      
preserve his life1 and  his next to     
preserve the species4 ,nature planted   
these instincts so  deeply in his being 
that no civilization can root them up4  
,to destroy  these instincts would be to
 destroy the human race4 ,the first     
instinct of  man is to preserve his     
life4 ,to do this he must obtain the    
food1 shelter  and raiment that enable  
him to live4 ,his constant effort has   
been ever  to get these at the smallest 
expenditure of time and strength4 ,in a 
semi-coperative state like ours the     
strongest choose the easiest1 most      
remunerative occupations society can    
bestow4 ,the less fortunate the  next   
best1 and so on down the scale4 ,at the 
lowest place some are forced  to abject 
toil1 to practical slavery1 to beggary1 
to crime4 ,men would  not steal sheep if
 they had land on which to raise mutton4
 ,men would  not explore their          
neighbor's houses at dead of night1 if  
their own were  filled2 and women would 

not sell their bodies if society left   
them any  other fairly decent and       
pleasant way to live4    ,even if       
punishment by the state could ever be   
justified1 no man is wise  enough or    
good enough to administer that          
punishment4 ,it is the theory of  the   
law that by means of its magical wisdom 
it is enabled to fix a code  enumerating
 the acts that are sufficiently evil to 
constitute a crime2  and for each of    
these enumerated acts it sets a penalty 
which it presumes  is sufficiently      
severe and drastic to in some mysterious
 way atone for1  excuse1 absolve or at  
least in some way make right1 or        
certainly make  better the commission of
 the act4 ,punishment must proceed upon 
the  theory that some are wilfully bad1 
possessed of devils1 and the bad must   
be punished when found bad1 to prevent  
others who are bad from committing      
crime4 ,men could only be punished      
because they were wilfully bad4 ,if men 
are part good and part bad it will not  

do to punish4 ,how could the law  or    
courts fix the exact line as to how bad 
a man might be to deserve  punishment1  
and how good to excuse it8 ,neither is  
it the act that should  be punished1 for
 it would be a hard and cruel and       
strange code of  negative ethics that   
should say that a man should be punished
 for an evil  act and not be rewarded   
for a virtuous one2 and even judges     
might find  difficulty in balancing the 
good and bad2 and besides1 does not the 
law  in its wisdom say that an evil act 
shall be punished regardless of its     
consequences8 ,i may steal my neighbor's
 horse at night and return it in  the   
morning4 ,i am none the less a thief and
 my home is the prison4 ,i may          
burglarize a safe and find it empty1 but
 the crime has been completed and  it   
deserves the penitentiary4 ,in each case
 ,i deserve the penitentiary  because my
 heart is bad4 ,thus the old theory is  
the only one on which the  believer in  
punishment could rest for a moment1 that

 some men are bad and  some are good--at
 least some are bad4    ,the law is not 
concerned with the good4 ,its business  
is not rewarding1  but punishment2 not  
love but hate4 ,how can human judgment  
determine what  heart is bad8 ,men's    
lives are a strange mixture of thought1 
motive and  action2 an infinite mixture 
of good and evil1 as it is given to     
finite  man to know good and evil4 ,no  
life is wholly good1 and no life is     
wholly  bad4 ,a life of great virtues   
may here and there be interspersed with 
an  evil act4 ,the law picks out the    
evil and ignores the good4 ,a life      
barren  of real affirmative goodness may
 still be free from serious positive    
sin1 and thus escape the condemnation of
 man and his courts4 ,the conduct  which
 falls under the observation of others  
is not so much due to the  goodness or  
badness of the heart as to the emotion  
or placidity of the  nature4 ,in        
balancing the evil of a life against the
 good1 no one can give  the exact weight

 to each for no two men weigh moral     
worth or turpitude  with the same       
scales4 ,neither can a man's standing be
 determined until  his life is done4    
,acts which seem evil if left to develop
 character are  often the means of      
softening the heart1 of developing love 
and charity  and humanity1 of really    
building up the moral worth of man4 ,but
 no person  can be judged even by his   
conduct4 ,goodness and evil are both    
latent  in man and this fact shows the  
evil of resistance and force4 ,one may  
be intrinsically good and live a long   
life and still never be touched  upon   
the proper side to develop character and
 reveal to the world the  real self4 ,it
 requires circumstance1 opportunity and 
the proper appeal  to develop the best  
in man1 the same as to develop the worst
 in man4  ,to judge the character of a  
human soul from one isolated act1 would 
be  as impossible as to judge his       
physical health by testing his sight or 
hearing alone4 ,every person's first    

impressions show how often these  are   
really wrong1 and how much they depend  
upon the circumstances of  time and     
place4 ,to really judge another's       
character requires almost  infinite     
knowledge1 not of their acts alone1 but 
of their thoughts and  aspirations1     
their temptations1 and environment1 and 
every circumstance  that makes up their 
lives4 ,but if the administration of    
punishment is to  depend on the good or 
evil of the man1 then each person must  
be judged  from his own standpoint4     
,one's merit or demerit depends not on  
what he  does but on his purpose and    
intent1 upon his desire to do good or   
evil4  ,in short1 upon the condition of 
his heart1 which can only be told in    
part  from his isolated acts4    ,each  
person has his own rule of conduct and  
of life4 ,the highest that  can be done 
by any human soul is to live and strive 
according to his  best conception of the
 highest life4 ,to one man an act       
appears harmless  which to another is a 

heinous crime4 ,one man would blaspheme1
 but under  no circumstances would beat 
a dog or kill a fly4 ,one might commit  
larceny  or even murder by the very     
strength of his love4 ,again1 real      
character1  merit and demerit cannot be 
judged except in view of the capacity1  
the  opportunity1 the teaching of the   
life4 ,no honest judgment of the worth  
of  any soul can be measured except with
 full knowledge of every circumstance   
that made his life1 and with this       
knowledge the man who would accuse      
would but condemn himself4 ,but even if 
every act of every life were open  to   
the sight of man1 this could furnish no 
guide to true character4  ,the same     
temptation does not appeal alike to all4
 ,one man may not be  tempted by strong 
drink and may never fall4 ,another with 
an appetite  born in a remote ancestor  
may struggle manfully and fail4 ,the    
temptation  to take property by force   
does not appeal to one who can get it by
  inheritance or gift or fraud4 ,the    

desire to kill never moves the soul  of 
the placid man4 ,to know what it means  
requires an intimate1 infinite          
knowledge of every emotion of the soul1 
of every fiber of the body1 and  the    
understanding1 not of how the           
temptations or inducements that he met  
would affect the judge1 but how they    
would affect the man4 ,science has      
determined a way to measure the height1 
and the girth of an individual1  to tell
 the color of his eyes and hair1 to     
determine the shape and  contour of his 
skull4 ,it has not yet found a way to   
look beneath the  skull and weigh the   
actions and responsibilities of that    
hidden involved  mystery--the human     
brain1 or to look at the real man1--the 
human soul1 and  judge whether the      
,infinite ,maker made it white or black4
 ,if every man who  passed an unjust    
judgment on his fellow should be        
condemned1 how many  judges would be    
found so vain and foolish as to review  
and condemn their  ,maker's work8       

,,chapter ,x    ,,the ,,judge ,,of ,,the
 ,,criminal      ,but even if some men  
deserve punishment1 who is to judge8    
,the old  injunction still comes back   
and ever will return when man arraigns  
his  fellow1 8,let him who is without   
sin cast the first stone40 ,to find a   
judge without sin in the ordinary       
meaning of the world is necessarily  out
 of the question4 ,they must of course  
pretend to be holier than the  rest1 and
 organized society helps out the farce  
and fraud4 ,at the best1  one guilty man
 is set up to judge another1--one man   
filled with his  weaknesses1 his        
infirmities1 his shortcomings1 sets     
himself up to judge  not only that his  
fellow man is a criminal but that he    
himself is better  than his fellow4 ,and
 yet all the past and the present has   
conspired to  make him good1 to keep him
 from temptation1 that he might the     
better  pass judgment on another1 while 
all the world has conspired to place the
  victim where he is4 ,verily1 in the   

light of infinite justice1 no greater   
crime could be committed than to judge  
and condemn your fellows1 and if  there 
shall ever be a final day when the      
crooked is made straight and  the       
purpose of all shall be revealed and    
understood1 safer far will be  the man  
who has received the sentence than the  
one who has dared to pass  judgment on  
another's life and pronounce it bad4    
,but how is this judge to determine the 
guilt or innocence of his fellow8  ,he  
cannot know his life and does not seek  
to know4 ,to understand fully  another's
 life would require infinite pains and  
such research as no  judge could give or
 pretend to give4 ,the judge cannot     
balance up the  character of his victim2
 he simply seeks in a poor1 clumsy1     
imperfect  way to ascertain whether he  
did a certain act4 ,whatever else he    
did1 his  attitude of mind1 his         
necessities1 his early training1 his    
opportunities  and temptations1 the     
number of temptations resisted before   

one proved  too much--all of this is    
beyond the power of a human judge to    
know2 yet  all of it bears upon the real
 character of the man and should go to  
show  whether1 on the whole1 he deserves
 blame or praise1 and the extent of     
each4    ,in the light of all this1 how 
many human souls could be guiltily cast 
out as bad8 ,it requires infinite pains 
and almost infinite knowledge to  judge 
one's physical condition4 ,a man is     
suffering from some ailment and  a      
doctor is called to treat him4 ,the     
disease may be of long standing and     
located in some organ beyond the reach  
of sight and hearing2 he patiently      
watches every symptom to know the real  
condition of the physical man and  the  
cause that made him ill4 ,he calls the  
wisest surgeons to consult and  these   
may never be able to locate the disease1
 or the cause that made the  patient as 
he is4 ,but twelve untutored jurors and 
a judge wantonly and  carelessly set    
themselves up to pass on the condition  

of a human soul--a  soul no man has seen
 or by any chance can ever see1--a life 
they do not  know and could not         
understand and do not even seek to      
understand4 ,they  take this soul and1  
with their poor light1 which at the best
 is blackest  darkness1 they pronounce  
it bad1 and in violence and malice deny 
it the  right of fellowship with its    
human brothers1 each equally a portion  
of  the great ,infinite which takes all 
of good and all of bad and makes of     
these one great1 divine1 inclusive      
whole4    ,the judge must and does view 
the conduct of his victim according to  
his own ideas of right and wrong4 ,at   
his best he takes with him to the       
judgment tribunal every prejudice1 bias 
and belief that his education1          
surroundings and heredity have left on  
him4 ,he measures the condemned  by the 
ideal man1 and the ideal man must be    
himself1 or one made from  his weak1    
fallible concepts of right and wrong4   
,naturally he places  little weight or  

value upon those vices which are a      
portion of his own  character1 or those 
virtues which he does not possess1 or   
especially  admire4 ,a judge can see no 
character or virtue in an accused man1  
who  would rather suffer imprisonment or
 death than to betray his fellows4  ,in 
the judgment of the courts the betrayer 
is rewarded1 the man of  character and  
worth condemned4 ,a judge reads the     
code1 8,thou shalt not  steal40 ,he     
cannot understand how a so-called thief 
should have forcibly  taken a paltry    
sum4 ,he cannot conceive that he1       
himself1 could under any  circumstances 
have done the like4 ,such conduct must  
come from a depraved  and wicked        
heart--a devil that dwells within the   
culprit4 ,the common  thief looks at the
 judge arrayed in fine linen and living 
in luxury and  ease1 with nothing to do 
but pass judgment on his fellowman4 ,he 
dimly  understands how much easier it is
 for the judge to obtain his large      
salary than for him to get the poor     

wages of his hazardous and shifting     
trade4 ,but the judge does not begin to 
comprehend that1 if he could  not have  
received his salary or obtained a       
tolerable life in any of the  endless   
grades of activity between his          
profession and the thief's1 very  easily
 he might have been the victim with some
 other fortunate man to  pronounce him  
bad4 ,human judgments are not passed in 
view of all the  circumstances of the   
case4 ,if this was the condition of     
human judgments1  no man could be       
condemned4          ,,chapter ,,xi      
,,the ,,measure ,,of ,,punishment       
,but admitting the right to punish1     
where is there a man with the wisdom  to
 inflict punishment8 ,by what magical   
scales can he weigh the guilt of a      
human being1 and by what standard can he
 determine the judgment that is         
proportionate to his guilt8 ,it must be 
evident that the wit of man never  did  
invent or can invent a measure that     
shall determine the just amount  of     

punishment for any human act4 ,the      
punishment administered does not in  any
 way indicate the extent of the         
culprit's transgression1 but simply     
shows the degree of brutality of the    
law1 and of those who are given the     
power of fixing the extent of punishment
 to be imposed4 ,the victim whom  the   
law catches in its net is at the mercy  
of the judge4 ,his fate depends  not    
upon his life1 not upon what society has
 done for him1 nor upon how  he has     
repaid the debt4 ,nor does it depend    
upon the intrinsic value of  his soul1  
for no human judgment can reach this4   
,neither does it depend  upon the ratio 
between the brain he had1 and the       
temptation he resisted1  or the ratio   
between the overpowering force he met   
and the weak will and  intellect which  
heredity had bequeathed to him4 ,his    
fate rests with the  humanity or        
inhumanity displayed1 the point of view1
 the experience1  the prejudice1 the    
social surroundings1 the physical       

condition1 the  appetite or the         
breakfast of the judge1 whose light and 
easy duty it is  to pronounce judgment  
on the life or liberty of a fellow man4 
,given the best equipment and the       
greatest knowledge and sense of         
responsibility on the part of the judge1
 how then will stand the case8  ,a      
prisoner is arraigned for forcibly      
taking a pocketbook on the public       
street4 ,the instinct to do the act may 
have come upon him in a moment's  time1 
as the opportunity seemed suddenly      
present and the need seemed  great4     
,under the peculiar circumstances of the
 time and place1 he may  have been      
impelled to act when a moment's         
reflection would have stayed  his hand4 
,in a hundred cases the opportunity for 
the reflection was  present1 and he     
passed through unscathed1 and then there
 came a time when  the judgment had no  
chance to speak and he was lost4 ,the   
crime even at  its worst differs only in
 degree1 perhaps not in that1 from the  

actions  of our daily lives4 ,we look at
 another's pocketbook and covet it1 or  
covet his home or coat or wealth--the   
case presents the same evil heart4  ,our
 action1 however1 is tempered and       
controlled by judgment and the power  of
 will4    ,assuming the man is bad1     
where is the judge who can measure the  
punishment he ought to have8 ,how many  
endless1 silent1 shameful days1  each   
made of hours that seem eternities1     
should he be confined for  this8 ,how   
many days should drag their endless     
weary length into months  and years     
before the act should be atoned8 ,and is
 justice done when the  victim1 old and 
bent1 and silent1 and gray1 with health 
destroyed and  character and hope       
forever gone1 is once1 more led out into
 the strange1  bewildering light of day8
    ,there can be no measure for human  
conduct4 ,all scales1 rules and measures
  are valueless when used to judge the  
soul4 ,even time cannot be counted4     
,the judge upon the bench lightly       

consigns his victim to a prison pen4 ,he
  measures the victim's years by the    
swiftly gliding days that pass like     
magic in his joyous life4 ,to the judge1
 time strides with seven league  boots2 
even the grim specter at the end1 the   
one skeleton at his feast1  even this   
ever-present shadow but hastens the     
magic flight of years4 ,but  the clock  
that ticks away the joyous wasted       
moments at the banquet hall  is not the 
same time-piece that hangs upon the     
penitentiary walls4 ,one  pendulum leaps
 gladly back and forth2 the other moves 
with the weight and  gravity of human   
life1 of human death1 of endless agony1 
of unmitigated  pain4 ,time is the most 
obstinate of the delusive gifts that    
fate  bequeathes to man4 ,when we would 
have her speed she moves with leaden    
foot4 ,when we would have her halt she  
flies with magic wings4           99    
99       99       99       99    ,rulers
 have invented and used all sorts of    
punishments and constantly  alternated  

from one to the other2 each one in use  
seeming to be inferior  to some one     
hitherto untried4 ,corporal punishment  
has respectively come  and gone4 ,public
 floggings and private floggings1       
tortures1 and death  in various ways1   
have met the approval and then the      
disapproval of  the governing power4    
,but with all of them1 crime has gone on
 and on1  unmindful alike of the form or
 extent of the punishment in vogue4     
,the effect of an act of cruelty and    
violence can never be measured or       
understood4 ,no one can tell the full   
consequences that occur to every  human 
being when the state puts one to death1 
or flogs1 or maims1 or  imprisons1 or   
even fines4 ,a violent act produces     
injury1 hardship and  suffering to the  
victim who is powerless in the strong   
grasp of the law4  ,but the evil does   
not end with him4    ,in ever-widening  
circles the results of cruelty move on  
and on until to  some degree or part    
they reach every member of society4     

,unless punishment  lessens the sum of  
human suffering1 increases the measure  
of human joy1  and thus lengthens and   
adds to life1 it has no right to be4    
,punishment brings positive evil4 ,any  
possible good that it may produce is  at
 the best problematical and wholly      
impossible to prove4 ,from the first    
victim whom the state degrades with     
punishment1 the evil and the hardship   
and suffering moves on to family and    
friends4 ,in no theory of the law is    
compensation1 or recompense1 or making  
good1 any part of punishment4 ,if       
taking the life of the prisoner could   
bring to life the victim whom he  killed
 there might be some apparent excuse for
 the punishment of death4  ,if          
imprisoning in the penitentiary in any  
way retrieved a wrong or made  up a     
loss1 a prison might be tolerated1 and  
some relation might be shown  between   
punishment and crime4 ,even in cases    
where a fine is administered1  in place 
of imprisonment1 the fine does not go in

 any way to retrieve  any loss1 but goes
 to the state as pure punishment and    
nothing else4  ,everywhere in the theory
 and administration of punishment is the
 rule the  same4 ,the one purpose is to 
injure1 to harm1 to inflict suffering   
upon  the individual whom society sets  
apart4    ,when traced to the end1 the  
sole theory on which punishment is      
based1  is that a certain man has       
committed an act of violence and crime1 
and  that1 therefore1 in some mysterious
 way this is to be made right by        
inflicting an injury on him4 ,that the  
original wrong will not be undone  has  
no bearing on the case--that others     
entirely innocent may suffer more       
grievously than the accused is not to be
 considered in the infliction  of       
punishment4 ,the father may be taken    
from the helpless children1 and  these  
left to grow up as best they can1 with  
their own hardships and  their father's 
evil name to bear1 but society stands   
unmoved4 ,though  the heavens fall1     

justice must be done1 and justice can   
only be done by  inflicting pain4 ,the  
execution or imprisonment of the father 
may not  unreasonably turn the children 
to follow in the path the state marked  
out for him4 ,this is not the affair of 
government1--not prevention or          
recompense1 or reward is the function of
 the state2 but vengeance1  vengeance   
sure and complete4    ,justice is not   
the function of the state2 this forms no
 part of the  scheme of punishment4     
,punishment is punishment4 ,a wife and  
helpless babes  may be left in want when
 the state lays its hand in wrath upon  
the man4  ,under the law of natural     
justice the child has a right to support
 and  care from the father1 who is      
responsible for its life4 ,still1 the   
state1  not with a prior right1 but with
 a greater power1 takes the father from 
his child1 kills him or pens him1 and   
turns the child into the byways  of the 
world1 giving it only the heritage of   
the father's shame4 ,it is  no answer to

 say that such a father is of no value  
to the child4 ,many a  kind1 indulgent  
father has violated the penal codes of  
man4 ,many a father  has been sent to   
prison because he so loved his child    
that he committed  crime4    ,from the  
nature of things there can be no justice
 in punishment4 ,justice  imposes       
relation between act and consequence4   
,the judgment of man is  utterly        
powerless to pass upon the merits or    
elements of a human soul4  ,but justice 
from the state to its citizens imports  
some ratio between the  rewards1        
opportunities and punishments meted out 
to each4 ,as to rewards  and            
opportunities1 the state does nothing   
except to assist the strong to  despoil 
the weak4 ,it furnishes no opportunity  
for its helpless1 no chance  for        
development and life1 and gives no      
rewards for meritorious conduct1  and   
makes no allowance for resisting        
temptation from crime4 ,but aside  from 
all this1 within the realm where the    

state pretends to do justice1  there is 
no equality meted out between its       
various members4 ,the code is           
unyielding1 the positive dead letter of 
the law is man's highest and            
profoundest judgment as to the conduct  
of his fellows4           99       99   
99       99       99    ,each human soul
 is a separate entity1 with its own     
hopes1 desires and  fears2 some         
impassive and stolid1 some sensitive and
 shrinking4 ,to be  accused of crime    
means more to some natures than years of
 imprisonment to  others4 ,the body is  
not alone the subject of punishment4    
,man1 with his  tortures and cruelties1 
seeks to reach the mind even more than  
the body4  ,striped clothes furnish the 
same warmth as other garments1 but to   
some  the stripes are an ever-consuming 
flame4 ,to others1 properly educated and
  hardened by the state1 this           
consciousness does not add to the       
punishment  involved4 ,one day of forced
 confinement1 or one moment of the      

indignity  of handcuffs1 means more to  
some than a year of hard labor4 ,the    
terms  of imprisonment are not the same 
to all4 ,to some a term1 however short1 
means the blighting of a life1 and the  
destruction of a family--perchance  a   
wife and child1 a father or a mother1   
whose sorrow and shame are  greater for 
being indirect4 ,with a sensitive soul  
no punishment ends when  the prison     
gates are opened up4 ,its consciousness 
lives as long as life  endures4 ,no day 
is so bright1 and no prospect so        
pleasing1 but the black  shadow is ever 
present1 blighting life1 and driving    
hope and sunshine  from the soul4    ,in
 cases where fines are meted out those  
who can afford to pay escape  with      
comparative ease2 others are forced to  
shift a burden of debt upon  father1    
mother1 wife1 children1 or friends1 who 
are thus punished for  years1 not for   
crime1 but for their loyalty and love4  
,if1 perchance1  through any effort the 
money for a fine can be obtained1 the   

state  cruelly and brutally takes the   
unholy1 ill-gotten cash1 although it may
  mean that a home is scant of food and 
shivering in cold or darkness2 or  a    
little child is forced from school to a 
factory or store4 ,it may mean  a       
plundered girlhood and abandoned        
womanhood1 that the vengeance of the    
state may be appeased4 ,the taking of   
money by the state in payment of  crime 
is infinitely more damnable than private
 theft4 ,the evils of force  and        
violence are unending--bold and         
ignorant1 indeed1 is he1 whether  ruler1
 official1 or private citizen1 who sets 
in motion bitterness and  hate4 ,it is  
an evil force set loose upon the earth  
to wander up and down1  cankering1      
polluting and despoiling all it meets1  
augmented by every  other force1 to be  
conquered and subdued1 if ever conquered
 and subdued1  only by infinite mercy   
and charity and love4    ,every man1    
whether ruler1 juror1 judge or whosoever
 that is called  upon or volunteers to  

pass judgment on the conduct of others1 
must do  it according to his own        
flickering1 feeble light1 according to  
the  experiences that have made up his  
life4 ,it is for this reason that good  
men are so bad1 and bad men so good4    
,life ordinarily means breadth4  ,some1 
of course1 are born deaf and blind1 and 
the longer they travel  the road the    
more contracted1 cold and uncharitable  
they become2 but to  the ordinary person
 life means suffering and1 above all    
other lessons1  it teaches charity4 ,as 
the real man grows older1 less and less 
does  he believe in or administer       
punishment1 and more and more does he   
see  the extenuating circumstances that 
explain and excuse every act4 ,the      
stern and upright judge is an           
impossibility4 ,no one can be stern and 
upright4 ,in proportion as he becomes   
truly upright1 really just1 the  more   
nearly he approaches the character of   
the ideal judge1 the more  nearly does  
he understand the injustice of violence 

and cruelty1 and  the eternal unfailing 
righteousness of charity and love4      
,where is the  man so wise or the judge 
so great and just that he could take any
 two  human beings with their different 
ancestry1 environment1 opportunities1   
passions and temptations1 and pronounce 
a judgment that would equalize  the two8
 ,lawmakers1 since the world began1 have
 been busy undoing each  other's wrongs4
 ,courts have been established whose    
sole duty it is to  correct other       
courts4 ,unjust judgments are           
necessarily incident to the  infirmities
 of man4 ,the wise judge who looks back 
over a long career1 the  judge who knows
 human life and has a human heart1 the  
judge who seeks to  be ruled by his     
conscience1 will find much in his past  
career he would  wish undone4 ,he will  
look back on many unjust judgments1 on  
many things  done in anger and hatred1  
cruelty and wrong1 on blighted hopes and
 ruined  lives4 ,but in his whole career
 he will regret no act of charity1 no   

deed  of mercy that he has been moved to
 do4 ,he will look back on judgments  he
 would reverse1 but these are not       
judgments of love or forgiveness or     
charity1 but judgments of force1 of     
violence1 of hate4          ,,chapter   
,,xii    ,,who ,,deserves ,,punishment  
,if there is any justice in human       
punishment it must be based upon the    
theory of intrinsic evil in the victim4 
,punishment cannot be justified  because
 of the violation of human law4 ,to     
violate law is often the  highest1 most 
sacred duty that can devolve upon the   
citizen1 and even  were it not1 the     
condition of the heart is the test of   
the evil or  good purpose1 not the good 
or evil of the act4 ,the world worships 
and  venerates many of its dead because 
they violated human law4 ,every new     
religion1 every social advancement has  
been carried on in violation  of human  
law4 ,the criminals who1 in the face of 
contumely1 hatred or  violence1 have led
 the world to a higher standard and     

brought humanity to  a diviner order1   
have so loved truth and righteousness as
 to defy the  law1 and in every age     
these men have met the life of outcasts1
 and the  death of felons4 ,whatever may
 be said of the necessity of government 
to  protect itself1 no one can believe  
that any human being merits punishment  
for following his own highest ideal4    
,punishment can only be in any wise     
defended upon the theory that the       
individual is untrue to himself1 that   
his heart is bad4 ,but all schemes of   
human punishment seem specially         
contrived to exempt this class of men4  
,those who are untrue to themselves     
find no difficulty in obeying the state1
 or at least in seeming to be           
subservient to its laws4 ,the cunning   
man without strong convictions of  right
 and wrong can always find ample room to
 operate his trade inside  the dead line
 the law lays down4 ,even ,blackstone   
wrote that a man who  governed his      
conduct solely by the law was neither an

 honest man nor a  good citizen4 ,the   
penal code cannot pretend to cover all  
the vicious acts  of men4 ,if there is a
 distinction between vicious acts and   
righteous  acts1 each are so numerous   
that even to catalogue them would be    
beyond  the power of the state4 ,the    
most that the penal code pretends to do 
is to  choose a number of fairly well   
classified acts and to set penalties for
  these crimes4 ,the men who really     
entail the most evil and suffering on   
mankind easily shape their conduct to   
avoid these acts4 ,if perchance they    
wish in effect to do some things        
forbidden by the law1 they are able by  
their wealth to have skilled lawyers who
 can show them how to accomplish  the   
same object by indirect means4 ,the     
hollow hearted man1 the whited          
sepulcher is the last to violate the    
law4 ,to support the state and be       
noisily patriotic is a large part of his
 stock in trade4 ,as a rule it is  only 
the weak or the extremely conscientious 

or devoted that violate the  law1 and it
 does not follow that these or any other
 class really intend a  wrong or        
consider it in any such light as their  
judge1 when they commit  an act         
forbidden by the law4    ,a very large  
number of acts of individual violence   
come from sudden  feeling and passion1  
which is purely a physical1 or more     
properly1 a  mechanical act4 ,certain   
motives or feelings operating upon a    
given brain  produce a given result2    
whereas operating upon another brain1   
they might  produce a very different    
effect4 ,it is like a body in mechanics 
operating  upon another smaller or      
larger body4 ,the laws of the universe  
are not  at work in one place and held  
in abeyance in another4 ,in these cases 
reason and judgment have no opportunity 
to act4 ,reflection and conscience  in  
no wise enter into the affair4 ,feeling1
 emotion1 passion alone are  responsible
 for the deed4 ,the human feelings as   
they sweep through that  uncharted land 

the human soul1 produce infinitely      
varied results1 like  the moving wind1  
whose sound depends entirely upon the   
unconscious  instrument with which it   
toys4          ,,chapter ,,xiii         
,,natural ,,law ,,and ,,conduct         
,many of the crimes fixed by law are    
purely arbitrary4 ,to commit them  or to
 refrain does not necessarily imply     
innocence or guilt4 ,of such  a         
character1 for instance1 are revenue    
laws1 the observance of holy  days and  
the like4 ,a large number of forbidden  
acts that are generally  supposed to    
imply moral guilt are also purely       
arbitrary4 ,most of the laws  governing 
the taking and obtaining of property1   
which constitute the  great burden of   
our penal code1 are arbitrary acts1     
whose sole purpose  is to keep the great
 mass of property in the hands of the   
rulers and  exploiters and to send to   
jail those who help themselves and who  
have  no other means within their power 
to sustain their lives4 ,most of the    

so-called thieves and other offenders   
against property dimly know this  fact4 
,without being able to analyze or       
logically realize it1 they1 after  all1 
feel that they have committed no wrong1 
and that they took the only  road life  
had left open for their feet4    ,nearly
 our whole criminal code is made up of  
what may be called property  crimes1 or 
crimes against property1 if they may be 
so called4 ,these  crimes are burglary1 
larceny1 obtaining property by false    
pretenses1  extortion1 and the like4    
,the jails and penitentiaries of every  
nation  in the world are filled to      
overflowing with men and women who have 
been  charged with committing crimes    
against property4 ,probably nine-tenths 
of  all the business of criminal courts 
come directly from property crimes4  ,a 
very large proportion of the balance    
comes indirectly from this cause4       
,nothing could more completely show the 
humbuggery1 knavery and the  absolute   
hypocrisy of all punishment by the state

 than the patent facts  with reference  
to these crimes4 ,from first to last    
these inmates of  jail and penitentiary1
 these suffering outcast men are utterly
 without  property and have ever been4  
,in the penal institutions of the world 
are  confined a motley throng charged   
with committing assaults upon property1 
and yet this whole mass of despised and 
outcast humanity have ever been  the    
propertyless class1 have never had aught
 whereon to lay their heads4  ,but where
 is all the property that has been the  
subject of these dire  assaults8 ,no    
matter where you turn your eyes in the  
world1 the whole  property is in the    
hands of a chosen few1 and the so-called
 owners of all  this wealth created by  
the labor of man and the bounty of      
nature--these  so-called owners have    
committed no crime against property4    
,the statement  of the fact is          
sufficient to show the inequality of the
 whole system  under which the fruits of
 the earth are kept in the possession of

 the  few4 ,these despised and outcast  
ones have violated no law of conscience 
or justice1 have committed no           
unrighteous assault on property4 ,the   
plain  fact that will one day stand     
clearly forth to explain the whole      
brutal  code which is used to imprison  
and enslave1--the plain reason and      
object  of these laws is the fact that  
the rulers who have forcibly seized the 
earth have made certain rules and       
regulations to keep possession of the   
treasures of the world1 and when the    
disinherited have reached out to  obtain
 the means of life1 they have been met  
with these arbitrary rules  and lodged  
in jail4           99       99       99 
99       99    ,the advocates of        
punishment believe that law controls the
 natural world4  ,the movement of the   
earth about the sun1 the changes of the 
moon1 the  rising and falling of the    
tide1 the change of seasons1 all these  
depend  on natural law4 ,it is even     
known that the distribution of animal   

life  upon the earth is due to natural  
law4 ,certain climates and locations    
produce certain animal life4 ,particular
 seasons of the year increase or        
diminish insect life4 ,the wild fowl    
flies north in summer and south  in     
winter4 ,the swarming of bees1 the homes
 of ants1 in short all the  activities1 
lives and deaths of the brute creation  
are surely seen to be  the subject of   
natural law4 ,the distribution1 growth  
and decay of plant  life is no less     
within the realm of law1 than is the    
animal life1 which  depends upon the    
same powers and forces1 the same great  
source of life4    ,but when man is     
reached it would seem that the rule of  
law is at an end4  ,his life and death1 
his goings in and out1 his myriad acts  
are due to  no rule or system or law1   
but are the result of capricious will   
alone4  ,true1 in many of his acts man  
recognizes the great force in whose     
mighty  power he is like the insect1 or 
the grain of sand tossed by the angry   

sea4 ,here and there he seems to dimly  
understand the great laws of  necessity1
 of sequence1 of consequence1 that      
govern human life4 ,every  father who   
takes pains in the rearing of his child1
 who surrounds it with  the influences  
that build up character and develop     
judgment and reason1  recognizes the law
 of necessity1 the controlling power of 
environment1  the strength of habit and 
circumstance4 ,the life of tribes and   
races and  nations show that fixed laws 
control in the actions of men1 as       
everywhere  else within the realm of    
nature4 ,man is a part of nature1 the   
highest  evolution of all1 but still a  
part firmly bound by law to every atom  
of  matter and every particle of force  
which the wide universe contains4 ,the  
life and death of man1 his distribution 
over the earth1 his permanency  as an   
individual or a tribe1 depend upon all  
other life4 ,man draws his  sustenance  
from the animate and inanimate world4   
,the lives of bees depend  upon the     

flowers1 their number and condition1    
their coming and going2  their birth and
 death is due to this natural cause     
outside the control  of the individual  
bee4 ,the life of man depends upon his  
supply of food  and shelter1 upon his   
ability to obtain the necessities of    
life4 ,it  is true that in his progress 
he is no longer bound so closely to the 
earth as in his early stages4 ,he has   
learned something of the laws of  nature
 and is able to take some thought for   
the morrow2 but yet famine  destroys    
him1 disease overcomes him2 severe      
droughts1 protracted heat1  great       
inundations of flood1 all these affect  
his life1 change population1  destroy   
vast numbers1 always the weaker1 those  
less able to provide  for themselves1   
those who1 from circumstances1 have     
taken the smallest  thought for the     
morrow4    ,even in the most civilized1 
progressive lands man is dependent on   
nature4  ,the constant thought of much  
the largest portion of mankind is for   

the  procurement of those things that   
will sustain1 prolong and render their  
lives more comfortable4 ,the vast       
majority of men are closely bound to the
  soil and their whole life is a        
struggle for the means to live4 ,even   
the  large majority of those whose      
condition is the most tolerable1 find   
life  an endless struggle and anxiety   
their constant companion4 ,such a thing 
as a free choice of life is out of the  
question for the vast majority  of men  
born upon the earth2 their residence1   
occupation1 hours of labor1  method of  
life1 are fixed almost irrevocably in   
obedience to the demands  of their      
physical being4 ,after those whose      
conditions of life are the  most        
tolerable1 come a great mass whose      
existence is most precarious1  dependent
 upon the condition of the harvest1 the 
condition of trade1  the amount of rain 
or snow1 the quantity of sunshine1 and a
 thousand  circumstances far beyond     
their control4    ,as a consequence of  

his desire for life and the means that  
make it  certain and pleasant1 man has  
ever turned his attention toward the    
conquest of nature1 reducing vegetable  
and animal life to his control4  ,but   
his conquest does not end here4 ,not    
vegetables and animals alone must  be   
his slaves1 but man as well4 ,ever has  
man enslaved his fellow2 from  the      
beginning of his career upon the earth  
he has sought to make his own  existence
 pleasanter and more certain by         
compelling others to toil for  him4 ,in 
its more primitive stages slavery was   
enforced by the ownership  of the man4  
,in its later and more refined stages it
 is carried on by  the ownership of the 
things from which man must live4 ,all   
life comes  primarily from the earth and
 without access to this great first     
source of  being1 man must die4 ,passing
 from the ownership of individuals1     
rulers  have found it easier and more   
certain to own the earth--for to own the
  earth is to fix the terms on which all

 must live4 ,more and more does the     
master seek to control access to land1  
to coal1 to timber1 to iron1 to         
water--these prime requisites to life4  
,more and more certainly1 as time  and  
civilization move on1 do these prime    
necessities pass to the few4  ,every new
 engine of production makes it easier   
for the few to reduce the  earth to     
their possession4 ,even land itself is  
of no value without the  railroads1 the 
harbors1 the mines and the forest4      
,everywhere these have  passed into the 
hands of the few4 ,from the private     
ownership of men1 the  rulers have      
passed to the private ownership of the  
earth and the control  of the land4 ,the
 rulers no longer have the right to buy 
and sell the man1  to send him here and 
there to suit their will4 ,they simply  
have the power  to dictate the terms    
upon which he can stand upon the earth4 
,with the  mines1 the forests1 the oil1 
the harbors1 the railroads1 and the     
really  valuable productive land in the 

rulers' hands1 the dominance and power  
of man over his fellows is absolute and 
complete4 ,it is not necessary  to show 
that it is the ruling class who own the 
earth--the owners of the  earth must be 
the ruling class4          ,,chapter    
,,xiv    ,,rules ,,governing ,,penal    
,,codes ,,and ,,their ,,victims         
,the rulers make penal codes for the    
regulation and control of the earth  and
 all the property thereon--the earth    
which was made long ages before  they   
were evolved1 and will still remain ages
 after they are dust4 ,not  only do they
 make these rules to control the earth  
for their brief1  haughty lives1 but    
they provide that it may pass from hand 
to hand  forever4 ,the generations now  
living1 or rather those that are dead   
and  gone1 fixed the status of unborn   
millions1 and decreed that they shall   
have no place to live except upon such  
terms as may be dictated by those  who  
then controlled the earth4 ,to retain   
all the means of life in the  hands of  

the few and compel the many to do       
service to support these few  requires  
the machinery of the state4 ,it is for  
this that penal laws are  made1 and the 
effort of the despoiled to reach out in 
their despair and  obtain a small       
portion of the natural heritage of all1 
is directly and  indirectly the basis of
 all property assaults4    ,every person
 who has observed cattle knows that if  
the pasture is good  the animals are    
quiet1 and will stay where they are     
placed2 but let the  pasture grow thin  
until hunger comes and they will learn  
to jump4 ,there  were never cattle so   
quiet and well behaved that they could  
not be made  to jump1 and never cattle  
so breachy that they could not be made  
tame4  ,even successive generations of  
starving and abuse will not so far      
pervert  their nature but that          
successive generations of kind treatment
 will  bring them back to a peaceful1   
gentle life4 ,human beings are like     
cattle  in a field4 ,they are cattle in 

a field4 ,give them a chance to live and
  prosper1 and violent acts will be     
unknown2 but bring them close to the    
line of starvation or want and their    
natural rights assert themselves  above 
the forms and laws that man has made to 
hold the earth and  enslave his fellows4
 ,of course here and there may be found 
cases where  generations of outlawry and
 exploitation have left their marks upon
 men1  until they seem to prefer this   
life2 but in those cases fair treatment 
would generally remove this in the first
 generation1 and always before  many    
generations had come and gone4    ,all  
energy manifests itself along lines of  
least resistance1 and the  first        
energies of man are devoted to the      
procurement of the means of  life4 ,it  
is only where organized tyranny has made
 violence and force the  line of least  
resistance that men will deviate from   
the normal path1  and so long as the    
cupidity and brutal selfishness of man  
shall make  this the line of least      

resistance1 all the laws on earth cannot
 overcome  the primal instincts and     
feelings upon which life depends4 ,a    
race that  would starve1 or beg1 or     
accept alms before violating the brutal 
laws  that fence the children of nature 
from their source of life1 would        
quickly degenerate into abject slavery  
and finally into nothingness4 ,all      
so-called criminals do not reason out   
the cause that placed them where  they  
are4 ,instinctively they feel that they 
are doing what they must4  ,this class  
have generally lived for years1         
sometimes for generations1  so near the 
border line1 have lived such precarious 
lives that their  callings and          
avocations have grown as natural and    
normal as monopolizing  the earth has   
grown to another class4 ,they are fully 
aware of the dangers  incident to their 
craft1 of the scanty recompense that    
their lives  afford1 and1 like all other
 men1 would at once abandon their       
calling for  an opportunity to lead more

 normal lives4 ,they are in no sense    
devoid  of these common instincts of    
humanity upon which nature rests all    
life4  ,given a child falling into a    
river1 an old person in a burning       
building1  a woman fainting in the      
street1 and a band of convicts would    
risk their  lives to give aid as quickly
 at least as a band of millionaires4    
99       99       99       99       99  
,nature takes little account of atoms1  
her operations are on a wide field1  a  
broad scale4 ,she brings famine1 a      
million men must die2 she does not  seem
 to pick out the individual men--she    
draws a straight hard line1 and  those  
who step across cannot return4 ,nature  
and man combine to make hard  the       
condition of human life for the great   
majority that live upon the  earth4 ,a  
very few choose the roads of luxury and 
ease2 the vast mass  are scattered in   
all the avenues of life2 some serve by  
abject toil2  some enter the hazardous  
callings of the railroads and the mines2

 some  the extra hazardous of making    
gunpowder and nitro-glycerine2 and some 
the still more hazardous--these are     
thieves or burglars or robbers or       
prostitutes1 as the case may be4        
,conditions improve1 and man moves up in
  the scale2 the toilers have greater   
luxury2 those in hazardous callings     
take an easier place2 the extra         
hazardous rise to the hazardous2 and    
the still more hazardous to the extra   
hazardous4 ,the conditions of life      
become more severe and the current flows
 the other way4 ,it is then that  the   
jails and the penitentiaries are crowded
 to the utmost limit they  will hold4   
,statistics have shown that the number  
of inmates in our prisons increases     
with every rise in the price of food4   
,if a combination increases the  price  
of flour a cent a pound and ten thousand
 men are sent to jail  throughout the   
world1 in the judgment of infinite      
wisdom and justice who  will be held    
responsible for the crime8 ,every time  

that the trust raises  the price of coal
 some poor victims are sent to jail1 and
 at every raise  in the price of oil    
some girls are sent out upon the streets
 to get their  bread by a life of       
wretchedness and shame4    ,that these  
property laws are purely arbitrary is   
shown by the slightest  thought4 ,the   
criminal statutes forbid extortion and  
swindling1 and  yet the largest part of 
business is extortion1 and much of the  
balance  is swindling4 ,when the law    
forbids extortion and swindling1 it     
simply  forbids certain forms and       
methods of these acts1 and these forms  
and  methods are the ones not practiced 
by the ruling class4 ,they are so  small
 and insignificant as not to constitute 
business but only petty  annoyance to   
the ruling class4 ,to go directly to a  
victim and by threats  of violence      
compel him to pay more for some         
commodity than it is really  worth is   
generally extortion1 but this is a very 
clumsy and infrequent  act4 ,real       

extortion is taking for any service more
 than it is fairly  worth by means of   
agencies created by the extorter to     
despoil his victim1  and this is the    
business of the business world4 ,nearly 
every street-car  line and every gas    
plant in the world operates its business
 by means  of special privileges1 and   
from one-half to three-fourths of the   
money  they receive is extorted from    
that portion of the community that has  
no  redress4 ,the railroad companies1   
who1 through watered stocks and bonds   
and combinations1 charge the consumer   
twice and more the value of the  service
 given1 touch the pocket of everyone who
 lives in a modern state4  ,the         
production of iron1 clothing1 many kinds
 of food1 in fact the largest  part of  
what is used in daily life1 is          
controlled by combinations whose  sole  
purpose is extortion2 they scheme to    
absolutely control the market  and take 
from the consumers what they have4 ,and 
yet for this extortion  which reaches   

every home and despoils every fireside1 
the law furnishes  no redress4 ,either  
it does not come within the provisions  
of the law or  else those who are       
charged with its enforcement do not care
 to reach this  sort of extortion which 
is the only kind that really affects the
 world4  ,in either case it shows that  
the penal code is made and enforced by  
the  ruling class1 not upon themselves1 
but to keep the weak at the bottom of   
the social scale4    ,the law forbids   
swindling at least in certain ways1 and 
yet a large part  of business consists  
in making the public believe that they  
are getting  more value for what they   
give than the tradesman can possibly    
afford4 ,the  daily papers are filled to
 overflowing with lying advertisements1 
each  contradicting the other4 ,our     
fences1 rocks and buildings are defaced 
with  vulgar1 hideous lies in order to  
swindle men out of their much coveted   
cash4 ,all our merchants and tradesmen  
frantically call out their lies in      

every form1 that they may sell their    
wares for a larger price than they  are 
really worth4 ,and yet1 to all of this1 
the criminal code has no word  to say4  
,this is not the class of swindlers it  
was made to reach4 ,the man  who can buy
 the space of a great paper to tell the 
wondrous qualities of  the wares he has 
to sell is not the sort of man to come  
within the meshes  of the penal code4   
,people in the jail and people out1 when
 reproached for certain conduct1  almost
 invariably respond that they have done 
no worse than some one  else who stands 
uncondemned1 and this retort is true    
when motives are  fully analyzed and    
conduct thoroughly understood4 ,the     
actions of men are  wondrously alike4   
,when we look at the criminal in the    
jail1 or at our  enemy in the street1 we
 do not see the man4 ,this is not due to
 him4 ,it  comes from the malice1 the   
hatred1 the want of human charity that  
dwells  in our own hearts4 ,through this
 fog and mist there can be no clear true

  sight4 8,to the pure all things are   
pure40 ,to the just all souls are       
really white4           99       99     
99       99       99    ,the web of the 
law reaches so far that there are very  
few who have not  in some way been      
touched by its meshes4 ,one infallible  
proof as to  the real nature of crime   
and the character of the criminal is    
open to  almost everyone who wishes to  
observe4 ,few men are so poor and       
outcast  as to have no friends4 ,the    
victims who cluster around the corridors
  and entrances of our jails are as     
pitiable as those who dwell inside4  ,to
 those friends who know him the criminal
 is a man1 a man for whom  they will    
sacrifice time1 money1 sometimes honor  
and even life4 ,if it  is nothing but a 
poor wife1 or a helpless child who has  
known the kind  heart of a husband or a 
father1 these are there to prove that   
the wretch  is not a monster1 but a     
man--these are the ones who knew him1   
who saw his  life1 who touched him on   

the human side1 the side that shows the 
real  true kinship of man4 ,judges1     
lawyers1 clergymen1 physicians1 all     
classes  of men readily come forward and
 tell of the virtues of the criminal    
whom  they know1 they tell of the       
extenuating circumstances that led to   
his  act1 or they show that1 in spite of
 these1 they understand the worth of    
the man4 ,the criminal is always the man
 we do not know or the man we  hate--the
 man we see through the bitterness of   
our hearts4 ,let one but  really love   
his fellow and he knows full well that  
he is not a criminal4  ,he sees his     
pulsing heart1 he knows his weak flesh1 
his aspiring soul1  his hopes1 his      
struggles1 his disappointments1 his     
triumphs and his  failings1 and he loves
 the man for all of these4              
,,chapter ,,xv    ,,the ,,machinery ,,of
 ,,justice      ,the state furnishes no 
machinery for arriving at justice4 ,even
 if it  were possible under any         
circumstances to judge1 and even though 

men  were really criminals1 the state   
has no way of arriving at the facts4    
,if the state pretends to administer    
justice this should be its highest      
concern4 ,it should not be interested in
 convicting men or punishing  crime1 but
 administering justice between men4 ,it 
is obvious to the most  casual observer 
that the state furnishes no machinery to
 accomplish this  result4 ,the penal law
 simply takes a man into its hopper and 
grinds out  a criminal at the end4 ,a   
force of able-bodied1 well fed1 well    
paid men  are kept busy in their search 
for crime4 ,these find pecuniary reward 
in  the crime of their fellows4 ,an     
indictment is easily returned against  a
 friendless man--a suspicion is enough  
in any case where the victim  has no    
friends4 ,if he is poor he is at once   
lodged in jail4 ,later he  is placed on 
trial in the courts4 ,when he steps into
 the dock both  judge and jurors look on
 him as a guilty man--believe he has    
committed  crime4 ,he is carefully      

guarded by officers1 like a guilty1     
hunted thing4  ,arrayed against him is  
an able prosecutor1 well paid1 and      
having personal  and political ambitions
 dependent on the number of men he      
grinds into  criminals4 ,the prosecutor 
has ample means for the conduct of the  
case4  ,the prisoner1 helpless enough at
 best1 is rendered absolutely powerless 
to prepare his case by being lodged in  
jail4 ,without money he has no  advocate
 with either the learning1 influence or 
ability to help his  cause4 ,if he is   
silent he is convicted4 ,if he speaks no
 one believes his  words4 ,innocent or  
guilty1 it is a miracle if he escapes1  
and in this  miracle the fact of his    
innocence or guilt plays but the        
smallest part4  ,given a few suspicious 
circumstances1 a helpless prisoner1 an  
indictment1  and another victim is the  
sure result4 ,and in the hands of a     
shrewd  lawyer1 or under the belief of  
guilt1 any circumstances are suspicious 
circumstances4 ,almost all acts are     

subject to various interpretations1  and
 the guilt or innocence of a            
circumstance depends not upon the act   
but upon the mind that passes judgment  
on the act4 ,we look back with  horror  
at the criminal courts of ,england1 of  
,spain1 of ,italy1 even upon  our own   
,puritan judges who sentenced witches to
 death4 ,these judges were  doubtless as
 intelligent as our own4 ,their brutal1 
cruel judgments did  not grow from a    
wicked perverted heart1 but from the    
fact that they were  passing judgment on
 their fellow man4 ,these unjust        
judgments are the  fruit of the cruel   
system of force and barbarism which     
clothes one man  with the authority and 
power to condemn his fellow4 ,all       
prosecutions are  malicious1 and all    
judgments are meted out in anger and    
hatred4 ,our own  judges are constantly 
showing this4 ,in nearly every instance 
they condemn  a prisoner to a term of   
servitude1 and when passion has fled and
 the sane  and holy feelings of mercy1  

of charity1 of humanity once more regain
  their sway1 they call on the pardoning
 power to rescind their cruel  acts4 ,in
 all these cases of pardons reflection  
shows the judges that the  punishment   
meted out was at least too severe4 ,the 
difference is in the  frame of mind of  
the judge when engaged in the business  
of administering  judgment1 and when in 
the mood for listening to those feelings
 of human  charity which are the diviner
 part of man4    ,punishment1 to in any 
way be justified1 should diminish the   
sum of human  misery1 the result of the 
bitterness and hatred of men4 ,but here1
 as  everywhere else1 punishment falls  
short4 ,wherever the judgment of courts 
enters it is to corrupt and to destroy4 
,the misery and suffering entailed  on  
man by scaffolds1 racks1 blocks1        
dungeons and jails has never yet  begun 
to be told4 ,blood and misery and       
degradation has marked the              
administration of punishment            
,since man first penned his fellow men1 

,like brutes1 within an iron pen4       
,let any reasoning being consider the   
tens of thousands who have  been burned1
 and hanged1 and boiled1 and otherwise  
put to death for  witchcraft2 the       
millions for heresy2 the thousands of   
noble victims who  have suffered for    
treason2 the victims of fire1 of        
torture1 of scaffold1  of rack and of   
dungeon1 for all the conceivable crimes 
since time began4  ,let him consider the
 oceans of blood and rivers of tears    
shed by the  force and brutality of the 
rulers of the world2 the cruelty1       
torture  and suffering heaped upon the  
helpless1 the weak1 the unfortunate2 and
  then ask himself if he believes that  
punishment is good4 ,even could         
violence ever prevent crime1 the        
brutality1 suffering1 blood and crime   
of the rulers has towered mountain high 
above that of the weak and  obscure     
victims whose wrongs they have pretended
 to avenge4 ,and this  cruelty does not 
abate4 ,it is simple madness that doubts

 the justice of  past condemnations and 
believes in the righteous judgments of  
to-day4  ,no condemnation is just1 and  
no judgment is righteous4 ,all violence 
and  force are cruel1 unjust and        
barbarous1 and cannot be sustained by   
the  judgment of men4    ,but the evil  
of judgment and punishment does not end 
with the unfortunate  victim4 ,it       
brutalizes and makes inhuman all who are
 touched with its  power4 ,under the    
influence of punishments jailers1       
policemen1 sheriffs1  detectives and all
 who deal with prisons are brutalized   
and hardened4  ,the iniquities produced 
upon helpless prisoners leave their     
effects upon  the captor as well as the 
captives4 ,to witness the constant      
suffering  and indignities of prison    
life is to destroy the finer            
sensibilities of  the soul4 ,men who are
 otherwise kind in the various relations
 of life do  not hesitate at cruelty to 
these despised prisoners whom the law   
has  placed outside its ban4 ,to        

underfeed and overwork1 to insult1      
degrade  and beat are common incidents  
of prison life1 and this1 too1 not      
because  jailers are naturally cruel and
 bad1 but because prisons are prisons1  
and convicts are outcasts4 ,instead of  
approaching these unfortunates as       
brothers in fellowship and love1 their  
only concern is to make them feel  that 
the heavy hand of the state has been    
laid upon them in malice and  violence4 
99       99       99       99       99  
,however thoroughly the futility1       
cruelty and injustice of punishment may 
be shown1 men will still persist that it
 must exist4 ,the thought that  society 
could live without prisons and policemen
 seems to be beyond the  conception of  
the common man4 ,if punishment has no   
effect to diminish or  prevent crime1   
then no danger would be incurred to     
dismiss our jailers  and jurors and     
close our prison doors4 ,the results of 
this policy can1  of course1 not be     
proven absolutely in advance1 but so    

sure as the  existence of man is        
consistent with justice1 charity and    
love1 so sure is  this policy right and 
would produce good results4 ,it is not  
necessary to  prove the theory of       
non-resistance to show that this policy 
is practical  to-day4 ,society1 as now  
organized1 rests upon violence and      
wrong4 ,the  non-resistant pleads for a 
better order1 one in which the law of   
love  and mercy will be the foundation  
of every relationship of man with man4  
,the present unjust system is supported 
by violence and force4 ,the unjust      
possessions of the rich are kept in     
their place by soldiers1 guns and       
policemen's clubs4 ,if these were       
withdrawn would the weak at once take   
the earth and all its fullness from     
those who for ages have ruled the       
world8    ,no violent and forcible      
readjustment of this sort could come4   
,force is  wrong both to commit and to  
redress evil4 ,in the rule of force the 
weak  must always fall4 ,for the poor   

and oppressed to advocate the use of    
force  means that they must still be the
 victims1 for the strongest force must  
win4 ,all that can help the weak is the 
rule of brotherhood1 of love4  ,unless  
this can be proved there is no way to   
destroy the injustice that  is          
everywhere the rule of life4 ,to make   
the weak strong1 and the strong  weak1  
could neither destroy injustice nor     
permanently change the wretched  order  
of the world4 ,a bayonet in the hand of 
one man is no better than in  the hand  
of another4 ,it is the bayonet that is  
evil and all of its fruits  are bad4    
,the world must learn that violence is  
wrong4 ,individuals who understand  this
 truth must take no part in violent     
acts1 whether to enslave or to  free4   
,the inherent cohering forces will hold 
society together and cause  man to      
coperate for his highest good4 ,a large 
part of present society is  purely      
voluntary and due to natural law4 ,it is
 for force and violence and  injustice  

that the aid of the state is called4    
,society should not punish4  ,the great 
burden that rests upon production to    
support armies1 courts  and prisons with
 all their endless officers and         
staggering weight should  be taken from 
the shoulders of the poor4 ,this of     
itself would so relieve  industry and   
add to the possibilities of life that   
the very hazardous  occupations that we 
call criminal would almost wholly       
disappear4 ,the  class from which these 
victims come is known to be the outcast 
and the  poor4 ,a small fraction of the 
vast sum squandered for violence and    
force  would easily place all these     
dangerous persons beyond the temptations
  of criminal activity4 ,even now1 with 
all the injustice of to-day1 the        
expenditure of public money to relieve  
suffering1 to furnish remunerative      
employment1 to rationally prevent crime 
by leaving men with something  else to  
do1 would produce better results than   
all the imagined benefits  that follow  

in the wake of scaffolds and of jails4  
,the effort of the penal codes has never
 been to reach any human being  before  
violence is done1 except to awe him by  
the brief transitory show  of force2 but
 after the act is done the state must   
spend its strength  and substance for   
revenge4 ,most men are driven to        
criminal acts from the  necessities of  
life and the hatred bred by the         
organized force they meet4  ,remove dire
 poverty1 as could be easily done with a
 tithe of what is  now spent on force2  
let organized society meet the          
individual1 not with  force1 but with   
helpfulness and love1 and the inducement
 to commit crime  could not exist4 ,let 
society be the friend not the tyrant1   
the brother  not the jailer1 and the    
feeling will be returned a thousandfold4
 ,no man  or no society ever induced    
love with clubs and guns4 ,the emblem of
 the  state is the soldier1 the         
policeman1 the court1 the jail4 ,it is  
an emblem  that does not appeal to the  

higher sentiments of man--an emblem that
 so  long as it exists will prevent true
 brotherhood and be a hindrance to the  
higher sentiments that will one day rule
 the world4    ,even if now and then    
passion and feeling should gain control 
of  man1 this passion and feeling would 
be brief and transitory2 if it          
accomplished destruction1 no power could
 make it whole4 ,the concern  of society
 would then be to call back this soul to
 saner thoughts and  a truer1 nobler    
life2 not to blacken and destroy1 nor to
 plant bitter  hatred and despair in the
 soul of one who might be brought to a  
fine and  high realization of human     
conduct and human life4 ,under this sort
 of  treatment a large proportion of    
those who commit violent deeds would be 
brought to a full realization of their  
acts1 and they themselves would  seek in
 every way to repair the ill effects of 
their evil deeds4          ,,chapter    
,,xvi    ,,the ,,right ,,treatment ,,of 
,,violence      ,sentimental and humane 

thoughts and purposes are often1 perhaps
  generally1 based on real life1 and    
have a natural reason for their  being4 
,to 8turn the other cheek0 or to 8resist
 not evil0 may seem at  first glance to 
have no support in the facts of life1   
but after all that  which makes for a   
higher humanity1 a longer life1 and a   
more vigorous  community1 is the true   
philosophy4 ,to use violence and force  
upon the  vicious and the weak must     
produce the evil that it gives4 ,like   
produces  like4 ,clubs1 jails1 harsh    
language1 brutal force inevitably tend  
to  reproduce the same state of mind in 
the victim of the assault4 ,this is  not
 merely a fact in human nature4 ,it is a
 fact in all nature1 plant and  animal  
and man4 ,so long as the gentle         
springtime rather than the cruel  winter
 brings vegetable and animal life to an 
awakening earth1 just so  long will     
kindness and love triumph1 produce joy  
and life1 where force  and violence     
bring only evil and death4 ,harsh       

treatment kills plant life1  and kind   
treatment builds it up4 ,violence and   
brutality produce their  like in animal 
life1 and kindness tames and subdues4   
,with gentleness and  kindness a swarm  
of wild bees may be handled and         
controlled1 but approach  them with     
violence and force and each bee is      
converted into a criminal  whose only   
purpose is to destroy4    ,with all     
animal life the same rule exists2 even  
those beasts whose nature  calls for a  
diet of flesh and blood may be subdued  
in time by gentleness  and love4 ,man   
with his higher intellect and better    
developed moral being  is much more     
susceptible to kindness and love4       
,likewise he more easily  learns to fear
 and hate4 ,man readily discerns the    
feelings and judgment  of his fellows1  
and as readily renders judgment in      
return4 ,the outcast  and abandoned form
 not the slightest exception to the     
rule--they know  and understand the ones
 who meet them with gentleness and love1

 for  these they make sacrifices1 to    
these they are faithful1 to these they  
exhibit the higher qualities that show  
the possibilities of the soul4  ,cases  
where one convicted of crime comes from 
a place of safety and risks  his liberty
 and life to help save his friend are   
not rare in the least4  ,true           
comradeship and loyalty is met quite as 
often here as in the higher  walks of   
life4 ,nothing is more common in        
ordinary selfish society than to  see   
one man refuse all aid and help to      
another in financial need4 ,many        
convicts and outcasts could teach a much
 needed lesson of loyalty and           
generosity to the exemplary man4    ,no 
amount of treatment can reclaim an evil 
heart if the treatment is  administered 
without love4 ,as children at school we 
knew with our young  natural instincts  
the teacher who loved us and the teacher
 who despised  us--the one awoke        
feelings of love and kindness1 the other
 hatred and  revenge4 ,no heart is so   

pure that it may not be defiled and     
hardened  by cruelty1 hatred and force1 
and none so defiled that it may not be  
touched and changed by gentleness and   
love4 ,unless this philosophy of  life  
is true the whole teaching of the world 
has been a delusion and a  snare4       
,unless love and kindness tends to love1
 then hatred and violence  and force    
should be substituted and taught as the 
cardinal virtues of  human life4 ,the   
mistake and evil of society is in       
assuming that love  is the rule of life1
 and at the same time that large classes
 of people  are entirely outside its    
pale4 ,no parent ever teaches his child 
any  other philosophy than that of love4
 ,even to quarrelsome playmates they    
are taught not to return blows and harsh
 language1 but to meet force  with      
kindness and with love4 ,the parent who 
did not depend on love to  influence and
 mold the character of the child rather 
than force would be  regarded not as a  
real parent but a brute4 ,force is worse

 than useless  in developing the conduct
 of the child4 ,it is true that by means
 of  force the little child may be awed 
by superior brute power1 but he gives   
way only under protest1 and the violence
 that he suppresses in his hand  or     
tongue finds refuge in his heart4       
,violent acts are not evil--they  are a 
manifestation of evil4 ,good conduct is 
not goodness4 ,it is but a              
manifestation of goodness4 ,evil and    
goodness can only be conditions of  the 
inmost life1 and human conduct1 while it
 generally reflects this  inmost life1  
may be so controlled as not to manifest 
the real soul that  makes the man4      
,every child needs development1 needs   
training to fit him to live in  peace   
and right relations with his fellow man4
 ,every intelligent and  right-thinking 
person knows that this development must 
be through love1  not through violence  
and force4 ,the parent who would teach  
his child to  be kind to animals1 not to
 ruthlessly kill and maim1 would not    

teach  this gentleness with a club4 ,the
 intelligent parent would not use a     
whip to teach a child not to beat a dog4
 ,the child is not made into the  good  
citizen1 the righteous man1 by pointing 
out that certain conduct  will lead to  
punishment1 to the jail or the gallows4 
,the beneficence of  fear was once      
considered a prime necessity in the     
rearing of the child1  and this theory  
peopled the earth with monsters and the 
air with spooks  ready to reach down and
 take the helpless child when he        
wandered from the  straight and narrow  
path2 but this method of rearing        
children does not  appeal to the        
judgment and humanity of to-day4 ,the   
conduct of children  can only be reached
 for good by pointing to the evil       
results of hatred1  of inharmony1 of    
force1 by appealing to the higher and   
nobler sentiments  which1 if once       
reached1 are ever present1 influencing  
and controlling  life4 ,the code of     
hatred1 of violence and force1 too1 is a

 negative code4  ,the child is given a  
list of the things he must not do1      
exactly as the  man is furnished a list 
of the acts forbidden by the state4 ,at 
the best1  when the limits of this list 
are reached and the forbidden things are
  left undone1 nothing more is expected 
or demanded4 ,but no code is long       
enough to make up the myriad acts of    
life4 ,kindness or unkindness can       
result in a thousand ways in every human
 relationship4 ,if the child or  the man
 observes the written code through fear1
 the unwritten moral code1  infinitely  
longer and more delicate1 will be broken
 in its almost every  line4 ,but if the 
child or the man is taught his right    
relations to the  world and feels the   
love and sympathy due his fellow man1 he
 has no need  of written codes2 his     
acts1 so far as those of mortals can be1
 will be  consistent with the life and  
happiness of his fellow man4 ,and this  
not  through fear1 but because he bears 
the highest attitude toward life4       

99       99       99       99       99  
,with our long heredity and our         
imperfect environment1 even if the      
organized force of the state should     
disappear1 even if the jails and        
penitentiaries should close their doors1
 force would only completely die  in    
course of time4 ,evil environment and   
heredity may have so marked and  scarred
 some men that kindness and love could  
never reach their souls4  ,it might take
 generations to stamp out hatred or     
destroy the ill effects  of life2 but   
order and kindness most surely would    
result1 because nature  demands order   
and tolerance and without it man must   
die4 ,no doubt here  and there these    
so-called evil ones would arouse evil   
and hatred in  return1 and some sudden  
act of violence would for a time        
occasionally  be met with violence      
through mob law in return4 ,but         
uncertain and  reprehensible as mob law 
has ever been it is still much more     
excusable  and more certain than the    

organized force of society operating    
through  the criminal courts4 ,mob law  
has the excuse of passion1 of           
provocation1  not the criminal nature of
 deliberation1 coldness and settled     
hate4 ,mob  law1 too1 generally reaches 
the object of its wrath1 while evidence 
is  fresh and facts are easily          
understood and unhampered by those rules
 and  technical forms which ensnare the 
weak and protect the strong4 ,and unjust
  and unwise as the verdicts of mob law 
often are1 they are still more          
excusable1 quicker1 more certain and    
less erring than the judgments of  the  
criminal courts4    ,but neither civil  
law nor mob law is at all necessary for 
the protection  of individuals4 ,men are
 not protected because of their strength
 or their  ability to fight4 ,in the    
present general distribution of weapons1
 in one  sense1 every man's life is     
dependent on each person that he meets4 
,if  the instinct was to kill1 society  
as organized presents no obstacle to    

that instinct4 ,when casual violence    
results it is not the weakest or most   
defenceless who are the victims of the  
casual violence of individuals4  ,even  
the boy at school scorns to war upon a  
weaker mate4 ,the old1 the  young1 the  
feeble1 children and women1 are         
especially exempt from  violent deeds4  
,this is because their condition does   
not call for feelings  of violence1 but 
rather awakens feelings of compassion1  
and calls for aid  and help4 ,the       
non-resistant ever appeals to the       
courageous and the manly4  ,without     
weapons of any kind1 with the known     
determination to give no  violence in   
return1 it would be very rare that men  
would not be safe from  disorganized    
violence4 ,it is only the state that    
ever lays its hands in  anger on the    
non-resistant4    ,neither would        
non-resistance in the state or          
individual indicate  cowardice or       
weakness or lack of vital force4 ,the   
ability and inclination  to use physical

 strength is no indication of bravery or
 tenacity to life4  ,the greatest       
cowards are often the greatest bullies4 
,nothing is cheaper  and more common    
than physical bravery4 ,in the lower    
animals it is more  pronounced than in  
man4 ,the bulldog and the fighting cock 
are quite as  conspicuous examples of   
physical bravery as the prize-fighter or
 the  soldier4 ,the history of all      
warfare shows either that physical      
bravery is  not an indication of great  
excellence or that supreme excellence is
 very  common1 in fact almost a         
universal possession4 ,under the        
intoxication  of patriotism1 or the     
desire for glory1 or the fear of        
contempt1 most  men will march with     
apparent willingness into the face of   
the greatest  danger4 ,often it requires
 vastly more courage to stay at home    
than to  enlist--more courage to retreat
 than to fight4 ,common experience shows
  how much rarer is moral courage than  
physical bravery4 ,a thousand men  will 

march to the mouth of the cannon where  
one man will dare espouse  an unpopular 
cause4 ,an army well equipped and ready 
for action has  less terror for the     
ordinary man than the unfavorable       
comment of the  daily press4 ,true      
courage and manhood come from the       
consciousness of  the right attitude    
toward the world1 the faith in one's own
 purpose1  and the sufficiency of one's 
own approval as a justification for     
one's  own acts4 ,this attitude is not  
that of the coward1 for cowardice is    
really disapproval of self1 a           
consciousness of one's own littleness   
and  unworthiness in the light of one's 
own soul1 which cannot be deceived4     
99       99       99       99       99  
,intelligent men are willing to accept  
many truths that they believe  are not  
fitted for the universal acceptance of  
mankind1 and however  they may feel that
 punishment is wrong they still urge    
that it will not  do to teach this      
doctrine to the great mass of men and to

 carry its  practice into daily life4   
,but sooner or later all conduct and all
 life  must rest on truth4 ,it is only  
fact that can form a basis for permanent
  theories that tend to the preservation
 of the race4 ,no one is too poor1  or  
too young1 or too vicious to know the   
truth1 for the truth alone is           
consistent with all the facts of life1  
and this alone can furnish any  rule of 
life4 ,the truth alone can make free4   
,when society is taught the  truth that 
it is wrong to punish1 to use force1 to 
pass judgment on man1  it will have no  
need for jails4 ,the man who really     
knows and understands  this truth can   
have no malice in his heart1 can use no 
force and violence  against his fellow1 
but will reach him with love and pity4  
,the man or  society that understands   
this truth will know that so-called     
crime is  only so-called crime2 that    
human conduct is what the necessities of
 life  make of the individual soul4     
,then in reality1 as now only partially1

 men  will turn their attention to the  
causes that make crime4 ,then will they 
seek to prevent and cure1 not to punish 
and destroy4 ,then man will learn  to   
know that the cause of crime is the     
unjust condition of human life2  that   
penal laws are made to protect earth's  
possessions in the hands of  the vicious
 and the strong4 ,man will learn that   
poverty and want are  due to the false  
conditions1 the injustice which looks to
 human law and  violence and force for  
its safeguard and protection4 ,man will 
learn  that crime is but the hard       
profession that is left open to a large 
class  of men by their avaricious       
fellows4 ,when new opportunities for    
life are  given1 a fairer condition of  
existence will gradually be opened up   
and  the need for violence and the cause
 of violence will disappear4    ,instead
 of avenging a murder by taking a judge1
 sheriff1 jurors1  witnesses1 jailer1   
hangman1 and the various appendages of  
the court1--by  taking these and        

staining their hands with blood and     
crime1 the world  will make the original
 murder impossible1 and thus save the   
crimes of  all4 ,neither will the       
vicious control without the aid of law4 
,society  ever has and must ever have a 
very large majority who naturally fall  
into order1 social adjustment and a     
rational1 permissible means of life4    
,the disorganized vicious would be far  
less powerful than the organized        
vicious1 and would soon disappear4      
,punishment to terrorize men from       
violating human order is like the threat
  of hell to terrorize souls into       
obedience to the law of ,god4 ,both mark
  primitive society1 both are degrading 
and debasing1 and can only appeal  to   
the lower instincts of the lower class  
of men4 ,most religious teachers  have  
ceased to win followers by threats of   
hell4 ,converts of this sort  are not   
generally desired4 ,the religion that   
does not approach and appeal  to men    
along their higher conduct is not       

considered worthy to teach  to man4 ,and
 those souls who cannot be moved through
 the sentiments of  justice and         
humanity1 rather than threats of eternal
 fire1 are very1 very  rare1 and even   
should such a soul exist the fear of    
hell would cause it  still further to   
shrivel and decay4    ,hatred1          
bitterness1 violence and force can bring
 only bad results--they  leave an evil  
stain on everyone they touch4 ,no human 
soul can be rightly  reached except     
through charity1 humanity and love4