Kitabı oku: «Theological Essays and Other Papers — Volume 1», sayfa 14

Secondly, that in every case of duty unfulfilled, or duty imperfectly fulfilled, in consequence of illness, languor, decaying spirits, &c., there is a high probability (under the age of sixty-five almost a certainty) that a part of the obstacle is due to self-neglect. No man that lives but loses some of his time from ill health, or at least from the incipient forms of ill health—bad spirits, or indisposition to exertion. Now, taking men even as they are, statistical societies have ascertained that, from the ages of twenty to sixty-five, ill health, such as to interrupt daily labor, averages from seven days to about fourteen per annum. In the best circumstances of climate, occupation, &c., one fifty-second part of the time perishes to the species—in the least favorable, two such parts. Consequently, in the forty-five years from twenty to sixty-five, not very far from a year perishes on an average to every man—to some as much more. A considerable part even of this loss is due to neglect or mismanagement of health. But this estimate records only the loss of time in a pecuniary sense; which loss, being powerfully restrained by self-interest, will be the least possible under the circumstances. The loss of energy, as applied to duties not connected with any self-interest, will be far more. In so far as that loss emanates from defect of spirits, or other modes of vital torpor, such as neglect of health has either caused or promoted, and care might have prevented, in so far the omission is charged to our own responsibility. Many men fancy that the slight injuries done by each single act of intemperance, are like the glomeration of moonbeams upon moonbeams—myriads will not amount to a positive value. Perhaps they are wrong; possibly every act—nay, every separate pulse or throb of intemperate sensation—is numbered in our own after actions; reproduces itself in some future perplexity; comes back in some reversionary shape that injures the freedom of action for all men, and makes good men afflicted. At all events, it is an undeniable fact, that many a case of difficulty, which in apology for ourselves we very truly plead to be insurmountable by our existing energies, has borrowed its sting from previous acts or omissions of our own; it might not have been insurmountable, had we better cherished our physical resources. For instance, of such a man it is said—he did not assist in repelling an injury from his friend or his native land. 'True,' says his apologist, 'but you would not require him to do so when he labors under paralysis?' 'No, certainly; but, perhaps, he might not have labored under paralysis had he uniformly taken care of his health.'[Footnote: With respect to the management of health, although it is undoubtedly true that like the 'primal charities,' in the language of Wordsworth, in proportion to its importance it shines alike for all, and is diffused universally—yet not the less, in every age, some very obstinate prejudices have prevailed to darken the truth. Thus Dryden authorizes the conceit, that medicine can never be useful or requisite, because—

'God never made his work for man to mend.'

To mend! No, glorious John, neither physician nor patient has any such presumptuous fancy; we take medicine to mend the injuries produced by our own folly. What the medicine mends is not God's work, but our own. The medicine is a plus certainly; but it is a plus applied to a minus of our own introducing. Even in these days of practical knowledge, errors prevail on the subject of health which are neither trivial nor of narrow operation. Universally, the true theory of digestion, as partially unfolded in Dr. Wilson Philip's experiments on rabbits, is so far mistaken, and even inverted—that Lord Byron, when seeking a diet of easy digestion, instead of resorting to animal food broiled and underdone, which all medical men know to be the most digestible food, took to a vegetable diet, which requires a stomach of extra power. The same error is seen in the common notion about the breakfast of ladies in Elizabeth's days, as if fit only for ploughmen; whereas it is our breakfasts of slops which require the powerful organs of digestion. The same error, again, is current in the notion that a weak watery diet is fit for a weak person. Such a person peculiarly requires solid food. It is also a common mistake to suppose that, because no absolute illness is caused by daily errors of diet, these errors are practically cancelled. Cowper the poet delivers the very just opinion—that all disorders of a function (as, suppose, the secretion of bile,) sooner or later, if not corrected, cease to be functional disorders, and become organic.]

Let not the reader suspect us of the Popish doctrine, that men are to enter hereafter into a separate reckoning for each separate act, or to stand at all upon their own merits. That reckoning, we Protestants believe, no man could stand; and that some other resource must be had than any personal merits of the individual. But still we should recollect that this doctrine, though providing a refuge for past offences, provides none for such offences as are committed deliberately, with a prospective view to the benefits of such a refuge. Offend we may, and we must: but then our offences must come out of mere infirmity—not because we calculate upon a large allowance being made to us, and say to ourselves, 'Let us take out our allowance.'

Casuistry, therefore, justly, and without infringing any truth of Christianity, urges the care of health as the basis of all moral action, because, in fact, of all perfectly voluntary action. Every impulse of bad health jars or untunes some string in the fine harp of human volition; and because a man cannot be a moral being but in the proportion of his free action, therefore it is clear that no man can be in a high sense moral, except in so far as through health he commands his bodily powers, and is not commanded by them.

CASE II

LAWS OF HOSPITALITY IN COLLISION WITH CIVIC DUTIES

Suppose the case, that taking shelter from a shower of rain in a stranger's house, you discover proofs of a connection with smugglers. Take this for one pole of such case, the trivial extreme; then for the other pole, the greater extreme, suppose the case, that, being hospitably entertained, and happening to pass the night in a stranger's house, you are so unfortunate as to detect unquestionable proofs of some dreadful crime, say murder, perpetrated in past times by one of the family. The principle at issue is the same in both cases: viz., the command resting upon the conscience to forget private consideration and personal feelings in the presence of any solemn duty; yet merely the difference of degree, and not any at all in the kind of duty, would lead pretty generally to a separate practical decision for the several cases. In the last of the two, whatever might be the pain to a person's feelings, he would feel himself to have no discretion or choice left. Reveal he must; not only, if otherwise revealed, he must come forward as a witness, but, if not revealed, he must denounce—he must lodge an information, and that instantly, else even in law, without question of morality, he makes himself a party to the crime—an accomplice after the act. That single consideration would with most men at once cut short all deliberation. And yet even in such a situation, there is a possible variety of the case that might alter its complexion. If the crime had been committed many years before, and under circumstances which precluded all fear that the same temptation or the same provocation should arise again, most reflecting people would think it the better course to leave the criminal to his conscience. Often in such denunciations it is certain that human impertinence, and the spirit which sustains the habit of gossip, and mere incontinence of secrets, and vulgar craving for being the author of a sensation, have far more often led to the publication of the offence, than any concern for the interests of morality.

On the other hand, with respect to the slighter extreme—viz. in a case where the offence is entirely created by the law, with no natural turpitude about it and besides (which is a strong argument in the case) enjoying no special facilities of escaping justice—no man in the circumstances supposed would have a reason for hesitating. The laws of hospitality are of everlasting obligation; they are equally binding on the host and on the guest. Coming under a man's roof for one moment, in the clear character of guest, creates an absolute sanctity in the consequent relations which connect the parties. That is the popular feeling. The king in the old ballads is always represented as feeling that it would be damnable to make a legal offence out of his own venison which he had eaten as a guest. There is a cleaving pollution, like that of the Syrian leprosy, in the act of abusing your privileges as a guest, or in any way profiting by your opportunities as a guest to the injury of your confiding host. Henry VII. though a prince, was no gentleman; and in the famous case of his dining with Lord Oxford, and saying at his departure, with reference to an infraction of his recent statute, 'My Lord, I thank you for my good cheer, but my attorney must speak with you;' Lord Oxford might have justly retorted, 'If he does, then posterity will speak pretty plainly with your Majesty;' for it was in the character of Lord Oxford's guest that he had learned the infraction of his law. Meantime, the general rule, and the rationale of the rule, in such cases, appears to be this: Whenever there is, or can be imagined, a sanctity in the obligations on one side, and only a benefit of expediency in the obligations upon the other, the latter must give way. For the detection of smuggling, (the particular offence supposed in the case stated,) society has an express and separate machinery maintained. If their activity droops, that is the business of government. In such a case, government is entitled to no aid from private citizens; on the express understanding that no aid must be expected, has so expensive an establishment been submitted to. Each individual refuses to participate in exposure of such offences, for the same reason that he refuses to keep the street clean even before his own door—he has already paid for having such work discharged by proxy.

CASE III

GIVING CHARACTERS TO SERVANTS WHO HAVE MISCONDUCTED THEMSELVES

No case so constantly arises to perplex the conscience in private life as this—which, in principle, is almost beyond solution. Sometimes, indeed, the coarse realities of law step in to cut that Gordian knot which no man can untie; for it is an actionable offence to give a character wilfully false. That little fact at once exorcises all aerial phantoms of the conscience. True: but this coarse machinery applies only to those cases in which the servant has been guilty in a way amenable to law. In any case short of that, no plaintiff would choose to face the risks of an action; nor could he sustain it; the defendant would always have a sufficient resource in the vagueness and large latitude allowed to opinion when estimating the qualities of a servant. Almost universally, therefore, the case comes back to the forum of conscience. Now in that forum how stands the pleading? Too certainly, we will suppose, that the servant has not satisfied your reasonable expectations. This truth you would have no difficulty in declaring; here, as much as anywhere else, you would feel it unworthy of your own integrity to equivocate—you open your writing-desk, and sit down to tell the mere truth in as few words as possible. But then steps in the consideration, that to do this without disguise or mitigation, is oftentimes to sign a warrant for the ruin of a fellow-creature—and that fellow-creature possibly penitent, in any case thrown upon your mercy. Who can stand this? In lower walks of life, it is true that mistresses often take servants without any certificate of character; but in higher grades this is notoriously uncommon, and in great cities dangerous. Besides, the candidate may happen to be a delicate girl, incapable of the hard labor incident to such a lower establishment. Here, then, is a case where conscience says into your left ear—Fiat justitia, ruat caelum—'Do your duty without looking to consequences.' Meantime, into the right ear conscience says, 'But mark, in that case possibly you consign this poor girl to prostitution.' Lord Nelson, as is well known, was once placed in a dilemma equally trying;[Footnote: On the first expedition against Copenhagen, (in 1801.) He was unfortunately second in command; his principal, a brave man in person, wanted moral courage—he could not face responsibility in a trying shape. And had he not been blessed with a disobedient second in command, he must have returned home re infecta.] on one side, an iron tongue sang out from the commander-in-chief—retreat; on the other, his own oracular heart sang to him—advance. How he decided is well known; and the words in which he proclaimed his decision ought to be emblazoned for ever as the noblest of all recorded repartees. Waiving his hand towards the Admiral's ship, he said to his own officers, who reported the signal of recall—'You may see it; I cannot; you know I am blind on that side.' Oh, venerable blindness! immortal blindness! None so deaf as those who will not hear; none so gloriously blind as those who will not see any danger or difficulty—who have a dark eye on that side, whilst they reserve another blazing like a meteor for honor and their country's interest. Most of us, we presume, in the case stated about the servant, hear but the whispering voice of conscience as regards the truth, and her thundering voice as regards the poor girl's interest. In doing this, however, we (and doubtless others) usually attempt to compromise the opposite suggestions of conscience by some such jesuitical device as this. We dwell pointedly upon those good qualities which the servant really possesses, and evade speaking of any others. But how, if minute, searching and circumstantial inquiries are made by way of letter? In that case, we affect to have noticed only such as we can answer with success, passing the dangerous ones as so many rocks, sub silentio. All this is not quite right, you think, reader. Why, no; so think we; but what alternative is allowed? 'Say, ye severest, what would ye have done?' In very truth, this is a dilemma for which Casuistry is not a match; unless, indeed, Casuistry as armed and equipped in the school of Ignatius Loyola. But that is with us reputed a piratical Casuistry. The whole estate of a servant lies in his capacity of serving; and often if you tell the truth, by one word you ruin this estate for ever. Meantime, a case very much of the same quality, and of even greater difficulty, is

CASE IV

CRIMINAL PROSECUTION OF FRAUDULENT SERVANTS

Any reader, who is not deeply read in the economy of English life, will have a most inadequate notion of the vast extent to which this case occurs. We are well assured, (for our information comes from quarters judicially conversant with the question,) that in no other channel of human life does there flow one-hundredth part of the forbearance and the lenity which are called into action by the relation between injured masters and their servants. We are informed that, were every third charge pursued effectually, half the courts in Europe would not suffice for the cases of criminality which emerge in London alone under this head. All England would, in the course of five revolving years, have passed under the torture of subpoena, as witnesses for the prosecution or the defence. This multiplication of cases arises from the coincidence of hourly opportunity with hourly temptation, both carried to the extreme verge of possibility, and generally falling in with youth in the offenders. These aggravations of the danger are three several palliations of the crime, and they have weight allowed to them by the indulgent feelings of masters in a corresponding degree; not one case out of six score that are discovered (while, perhaps, another six score go undiscovered) being ever prosecuted with rigor and effect.

In this universal laxity of temper lies an injury too serious to public morals; and the crime reproduces itself abundantly under an indulgence so Christian in its motive, but unfortunately operating with the full effect of genial culture. Masters, who have made themselves notorious by indiscriminate forgiveness, might be represented symbolically as gardeners watering and tending luxuriant crops of crime in hot-beds or forcing-houses. In London, many are the tradesmen, who, being reflective as well as benevolent, perceive that something is amiss in the whole system. In part the law has been to blame, stimulating false mercy by punishment disproportioned to the offence. But many a judicious master has seen cause to suspect his own lenity as more mischievously operative even than the law's hardness, and as an effeminate surrender to luxurious sensibilities. Those have not been the severest masters whose names are attached to fatal prosecutions: on the contrary, three out of four have been persons who looked forward to general consequences—having, therefore, been more than usually thoughtful, were, for that reason, likely to be more than usually humane. They did not suffer the less acutely, because their feelings ran counter to the course of what they believed to be their duty. Prosecutors often sleep with less tranquillity during the progress of a judicial proceeding than the objects of the prosecution. An English judge of the last century, celebrated for his uprightness, used to balance against that pity so much vaunted for the criminal, the duty of 'a pity to the country.' But private prosecutors of their own servants, often feel both modes of pity at the same moment.

For this difficulty a book of Casuistry might suggest a variety of resources, not so much adapted to a case of that nature already existing, as to the prevention of future cases. Every mode of trust or delegated duty would suggest its own separate improvements; but all improvements must fall under two genuine heads—first, the diminution of temptation, either by abridging the amount of trust reposed; or, where that is difficult, by shortening its duration, and multiplying the counterchecks: secondly, by the moderation of the punishment in the event of detection, as the sole means of reconciling the public conscience to the law, and diminishing the chances of impunity. There is a memorable proof of the rash extent to which the London tradesmen, at one time, carried their confidence in servants. So many clerks, or apprentices, were allowed to hold large balances of money in their hands through the intervals of their periodical settlings, that during the Parliamentary war multitudes were tempted, by that single cause, into absconding. They had always a refuge in the camps. And the loss sustained in this way was so heavy, when all payments were made in gold, that to this one evil suddenly assuming a shape of excess, is ascribed, by some writers, the first establishment of goldsmiths as bankers.[Footnote: Goldsmiths certainly acted in that capacity from an earlier period. But from this era, until the formation of the Bank of England in 1696, they entered more fully upon the functions of bankers, issuing notes which passed current in London.]

Two other weighty considerations attach to this head—1. The known fact that large breaches of trust, and embezzlements, are greatly on the increase, and have been since the memorable case of Mr. Fauntleroy. America is, and will be for ages, a city of refuge for this form of guilt. 2. That the great training of the conscience in all which regards pecuniary justice and fidelity to engagements, lies through the discipline and tyrocinium of the humbler ministerial offices—those of clerks, book-keepers, apprentices. The law acts through these offices, for the unconfirmed conscience, as leading-strings to an infant in its earliest efforts at walking. It forces to go right, until the choice may be supposed trained and fully developed. That is the great function of the law; a function which it will perform with more or less success, as it is more or less fitted to win the cordial support of masters.