CHAPTER I

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I wrote this little volume more than thirty years ago, since when I have hardly opened it. Therefore I now read it almost as if it were written by another man, and I find to my relief that, on the whole, I think rather better of it than I did when I published it. Indeed, as a criticism of what were then the accepted views of Massachusetts history, as expounded by her most authoritative historians, I see nothing in it to retract or even to modify. I do, however, somewhat regret the rather acrimonious tone which I occasionally adopted when speaking of the more conservative section of the clergy. Not that I think that the Mathers, for example, and their like, did not deserve all, or, indeed, more than all I ever said or thought of them, but because I conceive that equally effective strictures might have been conveyed in urbaner language; and, as I age, I shrink from anything akin to invective, even in what amounts to controversy.

Therefore I have now nothing to alter in the Emancipation of Massachusetts, viewed as history, though I might soften its asperities somewhat, here and there; but when I come to consider it as philosophy, I am startled to observe the gap which separates the present epoch from my early middle life.

The last generation was strongly Darwinian in the sense that it accepted, almost as a tenet of religious faith, the theory that human civilization is a progressive evolution, moving on the whole steadily toward perfection, from a lower to a higher intellectual plane, and, as a necessary part of its progress, developing a higher degree of mental vigor. I need hardly observe that all belief in democracy as a final solution of social ills, all confidence in education as a means to attaining to universal justice, and all hope of approximating to the rule of moral right in the administration of law, was held to hinge on this great fundamental dogma, which, it followed, it was almost impious to deny, or even to doubt. Thus, on the first page of my book, I observe, as if it were axiomatic, that, at a given moment, toward the opening of the sixteenth century, “Europe burst from her mediÆval torpor into the splendor of the Renaissance,” and further on I assume, as an equally self-evident axiom, that freedom of thought was the one great permanent advance which western civilization made by all the agony and bloodshed of the Reformation. Apart altogether from the fact that I should doubt whether, in the year 1919, any intelligent and educated man would be inclined to maintain that the twelfth and thirteenth centuries were, as contrasted with the nineteenth, ages of intellectual torpor, what startles me in these paragraphs is the self-satisfied assumption of the finality of my conclusions. I posit, as a fact not to be controverted, that our universe is an expression of an universal law, which the nineteenth century had discovered and could formulate.

During the past thirty years I have given this subject my best attention, and now I am so far from assenting to this proposition that my mind tends in the opposite direction. Each day I live I am less able to withstand the suspicion that the universe, far from being an expression of law originating in a single primary cause, is a chaos which admits of reaching no equilibrium, and with which man is doomed eternally and hopelessly to contend. For human society, to deserve the name of civilization, must be an embodiment of order, or must at least tend toward a social equilibrium. I take, as an illustration of my meaning, the development of the domestic relations of our race.

I assume it to be generally admitted, that possibly man’s first and probably his greatest advance toward order—and, therefore, toward civilization—was the creation of the family as the social nucleus. As Napoleon said, when the lawyers were drafting his Civil Code, “Make the family responsible to its head, and the head to me, and I will keep order in France.” And yet although our dependence on the family system has been recognized in every age and in every land, there has been no restraint on personal liberty which has been more resented, by both men and women alike, than has been this bond which, when perfect, constrains one man and one woman to live a joint life until death shall them part, for the propagation, care, and defence of their children.

The result is that no civilization has, as yet, ever succeeded, and none promises in the immediate future to succeed, in enforcing this primary obligation, and we are thus led to consider the cause, inherent in our complex nature, which makes it impossible for us to establish an equilibrium between mind and matter. A difficulty which never has been even partially overcome, which wrecked the Roman Empire and the Christian Church, which has wrecked all systems of law, and which has never been more lucidly defined than by Saint Paul, in the Epistle to the Romans, “For we know that the law is spiritual: but I am carnal, sold under sin. For that which I do, I allow not: for what I would, that do I not; but what I hate, that do I.... Now then it is no more I that do it, but sin that dwelleth in me.... For the good that I would, I do not: but the evil which I would not, that I do.... For I delight in the law of God after the inward man: ... But I see another law in my members, warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members. O wretched man that I am! who shall deliver me from the body of this death?” [Footnote: Romans vii, 14-24.]

And so it has been since a time transcending the limits of imagination. Here in a half-a-dozen sentences Saint Paul exposes the ceaseless conflict between mind and matter, whose union, though seemingly the essence of life, creates a condition which we cannot comprehend and to which we could not hope to conform, even if we could comprehend it. In short, which indicates chaos as being the probable core of an universe from which we must evolve order, if ever we are to cope with violence, fraud, crime, war, and general brutality. Wheresoever we turn the prospect is the same. If we gaze upon the heavens we discern immeasurable spaces sprinkled with globules of matter, to which our earth seems to be more or less akin, but all plunging, apparently, both furiously and aimlessly, from out of an infinite past to an equally immeasurable future.

Whence this material mass comes, or what its wild flight portends, we neither know nor could we, probably, comprehend even were its secret divulged to us by a superior intelligence, always conceding that there be such an intelligence, or any secret to disclose. These latter speculations lie, however, beyond the scope of my present purpose. It suffices if science permits me to postulate (a concession by science which I much doubt if it could make) that matter, as we know it, has the semblance of being what we call a substance, charged with a something which we define as energy, but which at all events simulates a vital principle resembling heat, seeking to escape into space, where it cools. Thus the stars, having blazed until their vital principle is absorbed in space, sink into relative torpor, or, as the astronomers say, die. The trees and plants diffuse their energy in the infinite, and, at length, when nothing but a shell remains, rot. Lastly, our fleshly bodies, when the union between mind and matter is dissolved, crumble into dust. When the involuntary partnership between mind and matter ceases through death, it is possible, or at least conceivable, that the impalpable soul, admitting that such a thing exists, may survive in some medium where it may be free from material shackles, but, while life endures, the flesh has wants which must be gratified, and which, therefore, take precedence of the yearnings of the soul, just as Saint Paul points out was the case with himself; and herein lies the inexorable conflict between the moral law and the law of competition which favors the strong, and from whence comes all the abominations of selfishness, of violence, of cruelty and crime.

Approached thus, perhaps no historical fragment is more suggestive than the exodus of the Jews from Egypt under Moses, who was the first great optimist, nor one which is seldomer read with an eye to the contrast which it discloses between Moses the law-giver, the idealist, the religious prophet, and the visionary; and Moses the political adventurer and the keen and unscrupulous man of the world. And yet it is here at the point at which mind and matter clashed, that Moses merits most attention. For Moses and the Mosaic civilization broke down at this point, which is, indeed, the chasm which has engulfed every progressive civilization since the dawn of time. And the value of the story as an illustration of scientific history is its familiarity, for no Christian child lives who has not been brought up on it.

We have all forgotten when we first learned how the Jews came to migrate to Egypt during the years of the famine, when Joseph had become the minister of Pharaoh through his acuteness in reading dreams. Also how, after their settlement in the land of Goshen,—which is the Egyptian province lying at the end of the ancient caravan road, which Abraham travelled, leading from Palestine to the banks of the Nile, and which had been the trade route, or path of least resistance, between Asia and Africa, probably for ages before the earliest of human traditions,—they prospered exceedingly. But at length they fell into a species of bondage which lasted several centuries, during which they multiplied so rapidly that they finally raised in the Egyptian government a fear of their domination. Nor, considering subsequent events, was this apprehension unreasonable. At all events the Egyptian government is represented, as a measure of self-protection, as proposing to kill male Jewish babies in order to reduce the Jewish military strength; and it was precisely at this juncture that Moses was born, Moses, indeed, escaped the fate which menaced him, but only by a narrow chance, and he was nourished by his mother in an atmosphere of hate which tinged his whole life, causing him always to feel to the Egyptians as the slave feels to his master. After birth the mother hid the child as long as possible, but when she could conceal the infant no longer she platted a basket of reeds, smeared it with pitch, and set it adrift in the Nile, where it was likely to be found, leaving her eldest daughter, named Miriam, to watch over it. Presently Pharaoh’s daughter came, as was her habit, to the river to bathe, as Moses’s mother expected that she would, and there she noticed the “ark” floating among the bulrushes. She had it brought her, and, noticing Miriam, she caused the girl to engage her mother, whom Miriam pointed out to her, as a nurse. Taking pity on the baby the kind-hearted princess adopted it and brought it up as she would had it been her own, and, as the child grew, she came to love the boy, and had him educated with care, and this education must be kept in mind since the future of Moses as a man turned upon it. For Moses was most peculiarly a creation of his age and of his environment; if, indeed, he may not be considered as an incarnation of Jewish thought gradually shaped during many centuries of priestly development.

According to tradition, Moses from childhood was of great personal beauty, so much so that passers by would turn to look at him, and this early promise was fulfilled as he grew to be a man. Tall and dignified, with long, shaggy hair and beard, of a reddish hue tinged with gray, he is described as “wise as beautiful.” Educated by his foster-mother as a priest at Heliopolis, he was taught the whole range of Chaldean and Assyrian literature, as well as the Egyptian, and thus became acquainted with all the traditions of oriental magic: which, just at that period, was in its fullest development. Consequently, Moses must have been familiar with the ancient doctrines of Zoroaster.

Men who stood thus, and had such an education, were called Wise Men, Magi, or Magicians, and had great influence, not so much as priests of a God, as enchanters who dealt with the supernatural as a profession. Daniel, for example, belonged to this class. He was one of three captive Jews whom Nebuchadnezzar, King of Babylon, gave in charge to the master of his eunuchs, to whom he should teach the learning and the tongue of the Chaldeans. Daniel, very shortly, by his natural ability, brought himself and his comrades into favor with the chief eunuch, who finally presented them to Nebuchadnezzar, who conversed with them and found them “ten times better than all the magicians and astrologers that were in all his realm.”

The end of it was, of course, that Nebuchadnezzar dreamed a dream which he forgot when he awoke and he summoned “the magicians, and the astrologers, and the sorcerers, and the Chaldeans, for to shew the king his dreams,” but they could not unless he told it them. This vexed the king, who declared that unless they should tell him his dream with the interpretation thereof, they should be cut in pieces. So the decree went forth that all “the wise men” of Babylon should be slain, and they sought Daniel and his fellows to slay them. Therefore, it appears that together with its privileges and advantages the profession of magic was dangerous in those ages. Daniel, on this occasion, according to the tradition, succeeded in revealing and interpreting the dream; and, in return, Nebuchadnezzar made Daniel a great man, chief governor of the province of Babylon.

Precisely a similar tale is told of Joseph, who, having been sold by his brethren to Midianitish merchantmen with camels, bearing spices and balm, journeying along the ancient caravan road toward Egypt, was in turn sold by them to Potiphar, the captain of Pharaoh’s guard.

And Joseph rose in Potiphar’s service, and after many alternations of fortune was brought before Pharaoh, as Daniel had been before Nebuchadnezzar, and because he interpreted Pharaoh’s dream acceptably, he was made “ruler over all the land of Egypt” and so ultimately became the ancestor whom Moses most venerated and whose bones he took with him when he set out upon the exodus.

It is true also that Josephus has preserved an idle tale that Moses was given command of an Egyptian army with which he made a successful campaign against the Ethiopians, but it is unworthy of credit and may be neglected. His bringing up was indeed the reverse of military. So much so that probably far the most important part of his education lay in acquiring those arts which conduce to the deception of others, such deceptions as jugglers have always practised in snake-charming and the like, or in gaining control of another’s senses by processes akin to hypnotism;—processes which have been used by the priestly class and their familiars from the dawn of time. In especial there was one miracle performed by the Magi, on which not only they, but Moses himself, appear to have set great store, and on which Moses seemed always inclined to fall back, when hard pressed to assert his authority. They pretended to make fire descend onto their altars by means of magical ceremonies. [Footnote: Lenormant, Chaldean Magic, 226.] Nevertheless, amidst all these ancient eastern civilizations, the strongest hold which the priests or sorcerers held over, and the greatest influence which they exercised upon, others, lay in their relations to disease, for there they were supposed to be potent. For example, in Chaldea, diseases were held to be the work of demons, to be feared in proportion as they were powerful and malignant, and to be restrained by incantations and exorcisms. Among these demons the one, perhaps most dreaded, was called Namtar, the genius of the plague. Moses was, of course, thoroughly familiar with all these branches of learning, for the relations of Egypt were then and for many centuries had been, intimate with Mesopotamia. Whatever aspect the philosophy may have, which Moses taught after middle life touching the theory of the religion in which he believed, Moses had from early childhood been nurtured in these Mesopotamian beliefs and traditions, and to them—or, at least, toward them—he always tended to revert in moments of stress. Without bearing this fundamental premise in mind, Moses in active life can hardly be understood, for it was on this foundation that his theories of cause and effect were based.

As M. Lenormant has justly and truly observed, go back as far as we will in Egyptian religion, we find there, as a foundation, or first cause, the idea of a divine unity,—a single God, who had no beginning and was to have no end of days,—the primary cause of all. [Footnote: Chaldean Magic, 79.] It is true that this idea of unity was early obscured by confounding the energy with its manifestations. Consequently a polytheism was engendered which embraced all nature. Gods and demons struggled for control and in turn were struggled with. In Egypt, in Media, in Chaldea, in Persia, there were wise men, sorcerers, and magicians who sought to put this science into practice, and among this fellowship Moses must always rank foremost. Before, however, entering upon the consideration of Moses, as a necromancer, as a scientist, as a statesman, as a priest, or as a commander, we should first glance at the authorities which tell his history.

Scholars are now pretty well agreed that Moses and Aaron were men who actually lived and worked probably about the time attributed to them by tradition. That is to say, under the reign of Ramses II, of the Nineteenth Egyptian dynasty who reigned, as it is computed, from 1348 to 1281 B.C., and under whom the exodus occurred. Nevertheless, no very direct or conclusive evidence having as yet been discovered touching these events among Egyptian documents, we are obliged, in the main, to draw our information from the Hebrew record, which, for the most part, is contained in the Pentateuch, or the first five books of the Bible.

Possibly no historical documents have ever been subjected to a severer or more minute criticism than have these books during the last two centuries. It is safe to say that no important passage and perhaps no paragraph has escaped the most searching and patient analysis by the acutest and most highly trained of minds; but as yet, so far as the science of history is concerned, the results have been disappointing. The order in which events occurred may have been successfully questioned and the sequence of the story rearranged hypothetically; but, in general, it has to be admitted that the weight of all the evidence obtained from the monuments of contemporary peoples has been to confirm the reliability of the Biblical narrative. For example, no one longer doubts that Joseph was actually a Hebrew, who rose, through merit, to the highest offices of state under an Egyptian monarch, and who conceived and successfully carried into execution a comprehensive agrarian policy which had the effect of transferring the landed estates of the great feudal aristocracy to the crown, and of completely changing Egyptian tenures. Nor does any one question, at this day, the reality of the power which the Biblical writers ascribed to the Empire of the Hittites. Under such conditions the course of the commentator is clear. He should treat the Jewish record as reliable, except where it frankly accepts the miracle as a demonstrated fact, and even then regard the miracle as an important and most suggestive part of the great Jewish epic, which always has had, and always must have, a capital influence on human thought.

The Pentateuch has, indeed, been demonstrated to be a compilation of several chronicles arranged by different writers at different times, and blended into a unity under different degrees of pressure, but now, as the book stands, it is as authentic a record as could be wished of the workings of the Mosaic mind and of the minds of those of his followers who supported him in his pilgrimage, and who made so much of his task possible, as he in fact accomplished.

Moses, himself, but for the irascibility of his temper, might have lived and died, contented and unknown, within the shadow of the Egyptian court. The princess who befriended him as a baby would probably have been true to him to the end, in which case he would have lived wealthy, contented, and happy and would have died overfed and unknown. Destiny, however, had planned it otherwise.

The Hebrews were harshly treated after the death of Joseph, and fell into a quasi-bondage in which they were forced to labor, and this species of tyranny irritated Moses, who seems to have been brought up under his mother’s influence. At all events, one day Moses chanced to see an Egyptian beating a Jew, which must have been a common enough sight, but a sight which revolted him. Whereupon Moses, thinking himself alone, slew the Egyptian and hid his body in the sand. Moses, however, was not alone. A day or so later he again happened to see two men fighting, whereupon he again interfered, enjoining the one who was in the wrong to desist. Whereupon the man whom he checked turned fiercely on him and said, “Who made thee a prince and a judge over us? Intendest thou to kill me, as thou killedst the Egyptian?”

When Moses perceived by this act of treachery on the part of a countryman, whom he had befriended, that nothing remained to him but flight, he started in the direction of southern Arabia, toward what was called the Land of Midian, and which, at the moment, seems to have lain beyond the limits of the Egyptian administrative system, although it had once been one of its most prized metallurgical regions. Just at that time it was occupied by a race called the Kenites, who were more or less closely related to the Amalekites, who were Bedouins and who relied for their living upon their flocks, as the Israelites had done in the time of Abraham. Although Arabia Patrea was then, in the main, a stony waste, as it is now, it was not quite a desert. It was crossed by trade routes in many directions along which merchants travelled to Egypt, as is described in the story of Joseph, whose brethren seized him in Dothan, and as they sat by the side of the pit in which they had thrown him, they saw a company of Ishmaelites who came from Gilead and who journeyed straight down from Damascus to Gilead and from thence to Hebron, along the old caravan road, toward Egypt, with camels bearing spices and myrrh, as had been their custom since long beyond human tradition, and which had been the road along which Abraham had travelled before them, and which was still watered by his wells. This was the famous track from Beersheba to Hebron, where Hagar was abandoned with her baby Ishmael, and if the experiences of Hagar do not prove that the wilderness of Shur was altogether impracticable for women and children it does at least show that for a mixed multitude without trustworthy guides or reliable sources of supply, the country was not one to be lightly attempted.

It was into a region similar to this, only somewhat further to the south, that Moses penetrated after his homicide, travelling alone and as an unknown adventurer, dressed like an Egyptian, and having nothing of the nomad about him in his looks. As Moses approached Sinai, the country grew wilder and more lonely, and Moses one day sat himself down, by the side of a well whither shepherds were wont to drive their flocks to water. For shepherds came there, and also shepherdesses; among others were the seven daughters of Jethro, the priest of Midian, who came to water their father’s flocks. But the shepherds drove them away and took the water for themselves. Whereupon Moses defended the girls and drew water for them and watered their flocks. This naturally pleased the young women, and they took Moses home with them to their father’s tent, as Bedouins still would do. And when they came to their father, he asked how it chanced that they came home so early that day. “And they said, an Egyptian delivered us out of the hand of the shepherds, and also drew water enough for us, and watered the flock.” And Jethro said, “Where is he? Why is it that ye have left the man? Call him that he may eat bread.”

“And Moses was content to dwell with” Jethro, who made him his chief shepherd and gave him Zipporah, his daughter. And she bore him a son. Seemingly, time passed rapidly and happily in this peaceful, pastoral life, which, according to the tradition preserved by Saint Stephen, lasted forty years, but be the time long or short, it is clear that Moses loved and respected Jethro and was in return valued by him. Nor could anything have been more natural, for Moses was a man who made a deep impression at first sight—an impression which time strengthened. Intellectually he must have been at least as notable as in personal appearance, for his education at Heliopolis set him apart from men whom Jethro would have been apt to meet in his nomad life. But if Moses had strong attractions for Jethro, Jethro drew Moses toward himself at least as strongly in the position in which Moses then stood. Jethro, though a child of the desert, was the chief of a tribe or at least of a family, a man used to command, and to administer the nomad law; for Jethro was the head of the Kenites, who were akin to the Amalekites, with whom the Israelites were destined to wage mortal war. And for Moses this was a most important connection, for Moses after his exile never permitted his relations with his own people in Egypt to lapse. The possibility of a Jewish revolt, of which his own banishment was a precursor, was constantly in his mind. To Moses a Jewish exodus from Egypt was always imminent. For centuries it had been a dream of the Jews. Indeed it was an article of faith with them. Joseph, as he sank in death, had called his descendants about him and made them solemnly swear to “carry his bones hence.” And to that end Joseph had caused his body to be embalmed and put in a coffin that all might be ready when the day came. Moses knew the tradition and felt himself bound by the oath and waited in Midian with confidence until the moment of performance should come. Presently it did come. Very probably before he either expected or could have wished it, and actually, as almost his first act of leadership, Moses did carry the bones of Joseph with him when he crossed the Red Sea. Moses held the tradition to be a certainty. He never conceived it to be a matter of possible doubt, nor probably was it so. There was in no one’s mind a question touching Joseph’s promise nor about his expectation of its fulfilment. What Moses did is related in Exodus XIII, 19: “And Moses took the bones of Joseph with him; for he had straitly sworn the children of Israel, saying, God will surely visit you; and ye shall carry up my bones away hence with you.”

In fine, Moses, in the solitude of the Arabian wilderness, in his wanderings as the shepherd of Jethro, came to believe that his destiny was linked with that of his countrymen in a revolution which was certain to occur before they could accomplish the promise of Joseph and escape from Egypt under the guidance of the god who had befriended and protected him. Moreover, Moses was by no means exclusively a religious enthusiast. He was also a scientific man, after the ideas of that age. Moses had a high degree of education and he was familiar with the Egyptian and Chaldean theory of a great and omnipotent prime motor, who had had no beginning and should have no end. He was also aware that this theory was obscured by the intrusion into men’s minds of a multitude of lesser causes, in the shape of gods and demons, who mixed themselves in earthly affairs and on whose sympathy or malevolence the weal or woe of human life hinged. Pondering deeply on these things as he roamed, he persuaded himself that he had solved the riddle of the universe, by identifying the great first cause of all with the deity who had been known to his ancestors, whose normal home was in the promised land of Canaan, and who, beside being all-powerful, was also a moral being whose service must tend toward the welfare of mankind. For Moses was by temperament a moralist in whom such abominations as those practised in the worship of Moloch created horror. He knew that the god of Abraham would tolerate no such wickedness as this, because of the fate of Sodom on much less provocation, and he believed that were he to lead the Israelites, as he might lead them, he could propitiate such a deity, could he but by an initial success induce his congregation to obey the commands of a god strong enough to reward them for leading a life which should be acceptable to him. All depended, therefore, should the opportunity of leadership come to him, on his being able, in the first place, to satisfy himself that the god who presented himself to him was verily the god of Abraham, who burned Sodom, and not some demon, whose object was to vex mankind: and, in the second place, assuming that he himself were convinced of the identity of the god, that he could convince his countrymen of the fact, and also of the absolute necessity of obedience to the moral law which he should declare, since without absolute obedience, they would certainly merit, and probably suffer, such a fate as befell the inhabitants of Sodom, under the very eyes of Abraham, and in spite of his prayers for mercy.

There was one other apprehension which may have troubled, and probably did trouble, Moses. The god of the primitive man, and certainly of the Bedouin, is usually a local deity whose power and whose activity is limited to some particular region, as, for instance, a mountain or a plain. Thus the god of Abraham might have inhabited and absolutely ruled the plain of Mamre and been impotent elsewhere. But this, had Moses for a moment harbored such a notion, would have been dispelled when he thought of Joseph. Joseph, when his brethren threw him into the pit, must have been under the guardianship of the god of his fathers, and when he was drawn out, and sold in the ordinary course of the slave-trade, he was bought by Potiphar, the captain of the guard. “And the Lord was with Joseph and he was a prosperous man.” Thenceforward, Joseph had a wonderful career. He received in a dream a revelation of what the weather was to be for seven years to come. And by this dream he was able to formulate a policy for establishing public graineries like those which were maintained in Babylon, and by means of these graineries, ably administered, the crown was enabled to acquire the estates of the great feudatories, and thus the whole social system of Egypt was changed. And Joseph, from being a poor waif, cast away by his brethren in the wilderness, became the foremost man in Egypt and the means of settling his compatriots in the province of Gotham, where they still lived when Moses fled from Egypt. Such facts had made a profound impression upon the mind of Moses, who very reasonably looked upon Joseph as one of the most wonderful men who had ever lived, and one who could not have succeeded as he succeeded, without the divine interposition. But if the god who did these things could work such miracles in Egypt, his power was not confined by local boundaries, and his power could be trusted in the desert as safely as it could be on the plain of Mamre or elsewhere. The burning of Sodom was a miracle equally in point to prove the stern morality of the god. And that also, was a fact, as incontestable, to the mind of Moses, as was the rising of the sun upon the morning of each day. He knew, as we know of the battle of Great Meadows, that one day his ancestor Abraham, when sitting in the door of his tent toward noon, “in the plain of Mamre,” at a spot not far from Hebron and perfectly familiar to every traveller along the old caravan road hither, on looking up observed three men standing before him, one of whom he recognized as the “Lord.” Then it dawned on Abraham that the “Lord” had not come without a purpose, but had dropped in for dinner, and Abraham ran to meet them, “and bowed himself toward the ground.” And he said, “Let a little water be fetched, and wash your feet, and rest yourselves under the tree: And I will fetch a morsel of bread, and comfort ye your hearts; after that you shall pass on.” “And Abraham ran unto the herd, and fetcht a calf tender and good, and gave it unto a young man; and he hasted to dress it. And he took butter, and milk, and the calf which he had dressed, and set it before them; and he stood by them under the tree, and they did eat.” Meanwhile, Abraham asked no questions, but waited until the object of the visit should be disclosed. In due time he succeeded in his purpose. “And they said unto him, Where is Sarah thy wife? And he said, Behold, in the tent. And he [the Lord] said, ... Sarah thy wife shall have a son.... Now Abraham and Sarah were old, and well stricken in age.” At this time Abraham was about one hundred years old, according to the tradition, and Sarah was proportionately amused, and “laughed within herself.” This mirth vexed “the Lord,” who did not treat his words as a joke, but asked, “Is anything too hard for the Lord?” Then Sarah took refuge in a lie, and denied that she had laughed. But the lie helped her not at all, for the Lord insisted, “Nay, but thou didst laugh.” And this incident broke up the party. The men rose and “looked toward Sodom”: and Abraham strolled with them, to show them the way. And then the “Lord” debated with himself whether to make a confidant of Abraham touching his resolution to destroy Sodom utterly. And finally he decided that he would, “because the cry of Sodom and Gomorrah is great and because their sin is very grievous.” Whereupon Abraham intervened, and an argument ensued, and at length God admitted that he had been too hasty and promised to think the matter over. And finally, when “the Lord” had reduced the number of righteous for whom the city should be saved to ten, Abraham allowed him to go “his way ... and Abraham returned to his place.”

In the evening of the same day two angels came to Sodom, who met Lot at the gate, and Lot took them to his house and made them a feast and they did eat. Then it happened that the mob surrounded Lot’s house and demanded that the strangers should be delivered up to them. But Lot successfully defended them. And in the morning the angels warned Lot to escape, but Lot hesitated, though finally he did escape to Zoar.

“Then the Lord rained upon Sodom and upon Gomorrah brimstone and fire from the Lord out of heaven.”

“And Abraham gat up early in the morning to the place where he stood before the Lord:

“And he looked toward Sodom and Gomorrah, and toward all the land of the plain, and beheld, and, lo, the smoke of the country went up as the smoke of a furnace.”

We must always remember, in trying to reconstruct the past, that these traditions were not matters of possible doubt to Moses, or indeed to any Israelite. They were as well established facts to them as would be the record of volcanic eruptions now. Therefore it would not have astonished Moses more that the Lord should meet him on the slope of Horeb, than that the Lord should have met his ancestor Abraham on the plain of Mamre. Moses’ doubts and perplexities lay in another direction. Moses did not question, as did his great ancestress, that his god could do all he promised, if he had the will. His anxiety lay in his doubt as to God’s steadiness of purpose supposing he promised; and this doubt was increased by his lack of confidence in his own countrymen. The god of Abraham was a requiring deity with a high moral standard, and the Hebrews were at least in part somewhat akin to a horde of semi-barbarous nomads, much more likely to fall into offences resembling those of Sodom than to render obedience to a code which would strictly conform to the requirements which alone would ensure Moses support, supposing he accepted a task which, after all, without divine aid, might prove to be impossible to perform.

When the proposition which Moses seems, more or less confidently, to have expected to be made to him by the Lord, came, it came very suddenly and very emphatically. “Now Moses kept the flock of Jethro his father-in-law, the priest of Midian: and he led the flock to the backside of the desert, and came to the mountain of God, even to Horeb.

“And the angel of the Lord appeared unto him in a flame of fire out of the midst of a bush: and he looked, and, behold, the bush burned with fire, and the bush was not consumed.”

And Moses, not, apparently, very much excited, said, “I will now turn aside, and see this great sight.” But God called unto him out of the midst of the bush, and said, “Moses, Moses.” And he said, “Here am I.” Then the voice commanded him to put off his shoes from off his feet, for the place he stood on was holy ground.

“Moreover,” said the voice, “I am the God of thy father, the God of Abraham, the God of Isaac, and the God of Jacob.” And Moses hid his face; for he was afraid to look upon God.

And the Lord said, “I have surely seen the affliction of my people ... and have heard their cry by reason of their taskmasters; for I know their sorrows.

“And I am come down to deliver them out of the hand of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey; unto the place of the Canaanites, and the Hittites, and the Amorites, and the Perizzites....

“Come now, therefore, and I will send thee unto Pharaoh, that thou mayest bring forth my people, the children of Israel, out of Egypt.”

And Moses said unto God, “Who am I, that I should go unto Pharaoh, and that I should bring forth the children of Israel out of Egypt?...” And Moses said unto God, “Behold, when I am come unto the children of Israel, and shall say unto them, The God of your fathers hath sent me unto you; and they shall say to me, What is his name? what shall I say unto them?”

And God said unto Moses, “I am That I Am;” and he said, “Thus shalt thou say unto the children of Israel, I Am hath sent me unto you.”

“And God said, moreover, unto Moses, Thus shalt thou say unto the children of Israel, The Lord God of your fathers, the God of Abraham, the God of Isaac, and the God of Jacob, hath sent me unto you: this is my name forever, and this is my memorial unto all generations.”

Then the denizen of the bush renewed his instructions and his promises, assuring Moses that he would bring him and his following out of the land of affliction of Egypt and into the land of the Canaanites, and the Hittites, and the Amorites, and others, unto a land flowing with milk and honey. In a word to Palestine. And he insisted to Moses that he should gain an entrance to Pharaoh, and that he should tell him that “the Lord God of the Hebrews hath met with us: and now let us go, we beseech thee, three days’ journey into the wilderness, that we may sacrifice to the Lord our God.”

Also God did not pretend to Moses that the King of Egypt would forthwith let them go; whereupon he would work his wonders in Egypt and after that Pharaoh would let them go.

Moreover, he promised, as an inducement to their avarice, that they should not go empty away, for that the Lord God would give the Hebrews favor in the sight of the Egyptians, “so that every woman should borrow of her neighbor, and of her that sojourneth in her house, jewels of silver, jewels of gold, and raiment,” and that they should spoil the Egyptians. But all this time God did not disclose his name; so Moses tried another way about. If he would not tell his name he might at least enable Moses to work some wonder which should bring conviction to those who saw it, even if the god remained nameless. For Moses appreciated the difficulty of the mission suggested to him. How was he, a stranger in Egypt, to gain the confidence of that mixed and helpless multitude, whom he was trying to persuade to trust to his guidance in so apparently desperate an enterprise as crossing a broad and waterless waste, in the face of a well-armed and vigorous foe. Moses apprehended that there was but one way in which he could by possibility succeed. He might prevail by convincing the Israelites that he was commissioned by the one deity whom they knew, who was likely to have both the will and the power to aid them, and that was the god who had visited Abraham on the plain of Mamre, who had destroyed Sodom for its iniquity, and who had helped Joseph to become the ruler of Egypt. Joseph above all was the man who had made to his descendants that solemn promise on whose faith Moses was, at that very moment, basing his hopes of deliverance; for Joseph had assured the Israelites in the most solemn manner that the god who had aided him would surely visit them, and that they should carry his bones away with them to the land he promised. That land was the land to which Moses wished to guide them. Now Moses was fully determined to attempt no such project as this unless the being who spoke from the bush would first prove to him, Moses, that he was the god he purported to be, and should beside give Moses credentials which should be convincing, by which Moses could prove to the Jews in Egypt that he was no impostor himself, nor had he been deceived by a demon. Therefore Moses went on objecting as strongly as at first:

“And Moses answered and said, But behold they will not believe me, nor hearken to my voice; for they will say, the Lord hath not appeared unto thee.”

Then the being in the bush proceeded to submit his method of proof, which was of a truth feeble, and which Moses rejected as feeble. A form of proof which never fully convinced him, and which, in his judgment could not be expected to convince others, especially men so educated and intelligent as the Egyptians. For the Lord had nothing better to suggest than the ancient trick of the snake-charmer, and even the possessor of the voice seems implicitly to have admitted that this could hardly be advanced as a convincing miracle. So the Lord proposed two other tests: the first was that Moses should have his hand smitten with leprous sores and restored immediately by hiding it from sight in “his bosom.” And in the event that this test left his audience still sceptical, he was to dip Nile water out of the river, and turn it into blood on land.

Moses at all these three proposals remained cold as before. And with good reason, for Moses had been educated as a priest in Egypt, and he knew that Egyptian “wise men” could do as well, and even better, if it came to a magical competition before Pharaoh. And Moses had evidently no relish for a contest in the presence of his countrymen as to the relative quality of his magic. Therefore, he objected once more on another ground: “I am not eloquent, neither heretofore nor since thou hast spoken unto thy servant: but I am slow of speech, and of a slow tongue.” This continued hesitancy put the Lord out of patience; who retorted sharply, “Who hath made man’s mouth? or who maketh the dumb, or deaf, or the seeing, or the blind? Have not I the Lord?

“Now therefore go, and I will be with thy mouth, and teach thee what thou shalt say.”

Then Moses made his last effort. “0 my Lord, send, I pray thee, by the hand of him whom thou wilt send.” Which was another way of saying, Send whom you please, but leave me to tend Jethro’s flock in Midian.

“And the anger of the Lord was kindled against Moses; and he said, Is not Aaron the Levite thy brother? I know that he can speak well. And also, behold, he cometh forth to meet thee; and when he seeth thee, he will be glad in his heart.

“And he shall be, ... to thee instead of a mouth, and thou shalt be to him instead of God.”

Then Moses, not seeming to care very much what Aaron might think about the matter, went to Jethro, and related what had happened to him on the mountain, and asked for leave to go home to Egypt, and see how matters stood there. And Jethro listened, and seems to have thought the experiment worth trying, for he answered, “Go in peace.”

“And the Lord said unto Moses,”—but where is not stated, probably in Midian,—“Go, return into Egypt,” which you may do safely, for all the men are dead which sought thy life.

“And Moses took his wife and his sons, and set them upon an ass, and he returned to the land of Egypt. And Moses took the rod of God in his hand.”

It was after this, apparently, that Aaron travelled to meet Moses in Midian, and Moses told Aaron what had occurred, and performed his tests, and, seemingly, convinced him; for then Moses and Aaron went together into Egypt and called the elders of the children of Israel together, “and did the signs in the sight of the people. And the people believed: and ... bowed their heads and worshipped.” Meanwhile God had not, as yet, revealed his name. But as presently matters came to a crisis between Moses and Pharaoh, he did so. He said to Moses, “I am the Lord:

“I appeared unto Abraham, unto Isaac, and unto Jacob, by the name of God Almighty; but by my name Jehovah was I not known to them....

“Wherefore say unto the children of Israel, I am the Lord.... And I will bring you in unto the land, concerning the which I did swear to give it to Abraham, to Isaac, and to Jacob; and I will give it you for an heritage: I am the Lord.

“And Moses spake so unto the children of Israel: but they hearkened not unto Moses, for anguish of spirit, and for cruel bondage....

“And Moses spake before the Lord, saying, Behold the children of Israel have not hearkened unto me; how then shall Pharaoh hear me?” And from this form of complaint against his countrymen until his death Moses never ceased.

Certain modern critics have persuaded themselves to reject this whole Biblical narrative as the product of a later age and of a maturer civilization, contending that it would be childish to attribute the reasoning of the Pentateuch to primitive Bedouins like the patriarchs or like the Jews who followed Moses into the desert. Setting aside at once the philological discussion as to whether the language of the Pentateuch could have been used by Moses, and admitting for the sake of argument that Moses did not either himself write, or dictate to another, any part of the documents in question, it would seem that the application of a little common sense would show pretty conclusively that Moses throughout his whole administrative life acted upon a single scientific theory of the application of a supreme energy to the affairs of life, and upon the belief that he had discovered what that energy was and understood how to control it.

His syllogism amounted to this:

Facts, which are admitted by all Hebrews, prove that the single dominant power in the world is the being who revealed himself to our ancestors, and who, in particular, guided Joseph into Egypt, protected him there, and raised him to an eminence never before or since reached by a Jew. It can also be proved, by incontrovertible facts, that this being is a moral being, who can be placated by obedience and by attaining to a certain moral standard in life, and by no other means. That this standard has been disclosed to me, I can prove to you by sundry miraculous signs. Therefore, be obedient and obey the law which I shall promulgate “that ye may prosper in all that ye do.”

Indeed, the philosophy of Moses was of the sternly practical kind, resembling that of Benjamin Franklin. He did not promise his people, as did the Egyptians, felicity in a future life. He confined himself to prosperity in this world. And to succeed in his end he set an attainable standard. A standard no higher, certainly than that accepted by the Egyptians, as it is set forth in the 125th chapter of the Book of the Dead, a standard to which the soul of any dead man had to attain before he could be admitted into Paradise. Nor did Moses, as Dr. Budde among others assumes, have to deal with a tribe of fierce and barbarous Bedouins, like the Amalekites, to whom indeed the Hebrews were antagonistic and with whom they waged incessant war.

The Jews, for the most part, differed widely from such barbarians. They had become sedentary at the time of the exodus, whatever they may have been when Abraham migrated from Babylon. They were accustomed in Egypt to living in houses, they cultivated and cooked the cereals, and they fed on vegetables and bread. They did not live on flesh and milk as do the Bedouins; and, indeed, the chief difficulty Moses encountered in the exodus was the ignorance of his followers of the habits of desert life, and their dislike of desert fare. They were forever pining for the delights of civilization. “Would to God we had died by the hand of the Lord in the land of Egypt, when we eat by the flesh-pots, and when we did eat bread to the full! for ye have brought us forth into this wilderness, to kill this whole assembly with hunger.” [Footnote: Ex. XVI, 3.]

“We remember the fish, which we did eat in Egypt freely; the cucumbers, and the melons, and the leeks, and the onions, and the garlick.” These were the wants of sedentary and of civilized folk, not of barbarous nomads who are content with goat’s flesh and milk. And so it was with their morality and their conceptions of law. Moses was, indeed, a highly civilized and highly educated man. No one would probably pretend that Moses represented the average Jew of the exodus, but Moses understood his audience reasonably well, and would not have risked the success of his whole experiment by preaching to them a doctrine which was altogether beyond their understanding. If he told them that the favor of God could only be gained by obeying the laws he taught, it was because he thought such an appeal would be effective with a majority of them.

Dr. Budde, who is a good example of the modern hypercritical school, takes very nearly the opposite ground. His theory is that Moses was in search of a war god, and that he discovered such a god, in the god of the Bedouin tribe of the Kenites whose acquaintance he first made when dwelling with his father-in-law Jethro at Sinai. The morality of such a god he insists coincided with the morality which Moses may have at times countenanced, but which was quite foreign to the spirit of the decalogue.

Doubtless this is, in a degree, true. The religion of the pure Bedouin was very often crude and shocking, not to say disgusting. But to argue thus is to ignore the fact that all Bedouins did not, in the age of Moses, stand on the same intellectual or moral level, and it is also to ignore the gap that separated Moses and his congregation intellectually and morally from such Bedouins as the Amalekites.

Dr. Budde, in his Religion of Israel to the Exile, insists that the Kenite god, Jehovah, demanded “The sacred ban by which conquered cities with all their living beings were devoted to destruction, the slaughter of human beings at sacred spots, animal sacrifices at which the entire animal, wholly or half raw, was devoured, without leaving a remnant, between sunset and sunrise,—these phenomena and many others of the same kind harmonise but ill with an aspiring ethical religion.”

He also goes on to say: “We are further referred to the legislation of Moses, ... comprising civil and criminal, ceremonial and ecclesiastical, moral and social law in varying compass. This legislation, however, cannot have come from Moses.... Such legislation can only have arisen after Israel had lived a long time in the new home.”

To take these arguments in order,—for they must be so dealt with to develop any reasonable theory of the Mosaic philosophy,—Moses, doubtless, was a ruthless conqueror, as his dealings with Sihon and Og sufficiently prove. “So the Lord our God delivered into our hands Og also, the king of Bashan, and all his people: and we smote him until none was left to him remaining....

“And we utterly destroyed them, as we did unto Sihon, king of Heshbon, utterly destroying the men, women, and children of every city.” [Footnote: Deut. III, 3-6.]

There is nothing extraordinary, or essentially barbarous, in this attitude of Moses. The same theory of duty or convenience has been held in every age and in every land, by men of the ecclesiastical temperament, at the very moment at which the extremest doctrines of charity, mercy, and love were practised by their contemporaries, or even preached by themselves. For example:

At the beginning of the thirteenth century the two great convents of Cluny and Citeau, together, formed the heart of monasticism, and Cluny and Citeau were two of the richest and most powerful corporations in the world, while the south of France had become, by reason of the eastern trade, the wealthiest and most intelligent district in Europe. It suffices to say here that, just about this time, the people of Languedoc had made up their minds, because of the failure of the Crusades, the cost of such magnificent establishments was not justified by their results, and accordingly Count Raymond of Toulouse, in sympathy with his subjects, did seriously contemplate secularization. To the abbots of these great convents, it was clear that if this movement spread across the Rhone into Burgundy, the Church would face losses which they could not contemplate with equanimity. At this period one Arnold was Abbot of Citeau, universally recognized as perhaps the ablest and certainly one of the most unscrupulous men in Europe. Hence the crusade against the Albigenses which Simon de Montfort commanded and Arnold conducted. Arnold’s first exploit was the sack of the undefended town of BÉziers, where he slaughtered twenty thousand men, women, and children, without distinction of religious belief. When asked whether the orthodox might not at least be spared, he replied, “Kill them all; God knows his own.”

This sack of BÉziers occurred in 1209. Exactly contemporaneously Saint Francis of Assisi was organizing his order whose purpose was to realize Christ’s kingdom upon earth, by the renunciation of worldly wealth and by the practice of poverty, humility, and obedience. Soon after, Arnold was created Archbishop of Narbonne and became probably the greatest and richest prelate in France, or in the world. This was in 1225. In 1226 the first friars settled in England. They multiplied rapidly because of their rigorous discipline. Soon there were to be found among them some of the most eminent men in England. Their chief house stood in London in a spot called Stinking Lane, near the Shambles in Newgate, and there, amidst poverty, hunger, cold, and filth, these men passed their lives in nursing horrible lepers, so loathsome that they were rejected by all but themselves, while Arnold lived in magnificence in his palace, upon the spoil of those whom he had immolated to his greed.

In the case of Moses the contrast between precept and practice in the race for wealth and fortune was not nearly so violent. Moses, it is true, according to Leviticus, declared it to be the will of the Lord that the Israelites should love their neighbors as themselves, [Footnote: Lev. XIX, 18.] while on the other hand in Deuteronomy he insisted that obedience was the chief end of life, and that if the Israelites were to thoroughly obey the Lord’s behests, they were to “consume all the people which the Lord thy God shall deliver thee; thine eye shall have no pity upon them: neither” should thou serve their gods, “for the Lord thy God is a jealous God.” [Footnote: Deut. VII, 16.] And the penalty for slackness was “lest the anger of the Lord thy God be kindled against thee, and destroy thee from off the face of the earth.” [Footnote: Deut. VI, 15.] There is, nevertheless, this much to be said in favor of the morality of Moses as contrasted with that of thirteenth-century orthodox Christians like Arnold; Moses led a crusade against a foreign and hostile people, while Arnold slaughtered the Albigenses, who were his own flock, sheep to whom he was the shepherd, communicants in his own church, and worshippers of the God whom he served. What concerns us, however, is that the same stimulant animated Moses and Arnold alike. The stimulant, pure and simple, of greed. On these points Moses was as outspokenly, one may say as brutally, frank as was Arnold. In the desert Moses commanded his followers to exterminate the inhabitants of the kingdom of Bashan in order that they might appropriate their possessions, which he enumerated, and Moses had no other argument to urge but the profitableness of it by which to secure obedience to his moral law.

Arnold stood on precisely the same platform. He did not accuse Count Raymond of heresy or any other crime, nor did Pope Innocent III consider Raymond as morally guilty of a criminal offence, or worthy of punishment. Indeed, the pope would have protected the Count had it been possible, and summoned him before the Fourth Lateran Council for that purpose. But Arnold told his audience that were Raymond allowed to escape there would be an end of the Catholic faith in France. Or, in other words, monastic property would be secularized. Perhaps he was right. At all events, this argument prevailed, and Raymond and his family and people were sacrificed.

Moses promised his congregation that, if they would spare nothing they should enjoy abundance of good things, without working for them. He was much more pitiless than such a man as King David thought it necessary to be, but Moses was not a soldier like David. He could not promise to win victories himself, he could but promise what he had in hand, and that was the spoil of those they massacred. Moses never had but one appeal to make for obedience, one incentive to offer to obey. In this he was perfectly honest and perfectly logical. His congregation and he, finding Egypt untenable, were engaged in a common land speculation to improve their condition; a speculation in which Moses believed, but which could only be brought to a successful end by obtaining control of the dominant energy of the world. This energy, he held, could be handled by no one but himself, and then only in case those who acted with him were absolutely obedient to his commands, which, taken together, were equivalent to a magical exorcism or spell. Then only could they hope that the Lord of Abraham and Isaac would give them “great and goodly cities, which thou buildedst not, And houses full of all good things, which thou filledst not, and wells digged, which thou diggedst not, vineyards and olive trees, which thou plantedst not.” [Footnote: Deut. VI, 10, 11.]

Very obviously, if the theory which Moses propounded were sound the assets which he offered as an inducement for docility could be obtained, at so cheap a rate, in no other way. All Moses’ moral teaching amounted, therefore, to this—“It pays to be obedient and good.” No argument could have been better adapted to Babylonish society, and it seems to have answered nearly as well with the Israelites, which proves that they stood on nearly the same intellectual plane. The chief difficulty with which Moses had to contend was that his countrymen did not thoroughly believe in him, nor in the efficacy of his motor. They always were tempted to try experiments with other motors which were operated by other prophets and by other peoples who were, apparently, as prosperous as they, or even more so. His trouble was not that his followers were nomads unprepared for a sedentary life or a moral law like his, or unable to appreciate the value of the property of a people further advanced in civilization than they were. The Amalekites would have responded to no such system of bribery as Moses offered the Israelites, who did respond with intelligence, if not always with enthusiasm.

The same is true of the Mosaic legislation which Dr. Budde curtly dismisses as impossible to have come from Moses, [Footnote: Religion of Israel to the Exile, 31.] as presupposing a knowledge of a settled agricultural life, which “Israel did not reach until after Moses’ death.”

All this is an assumption of fact unsupported by evidence; but quite the contrary, as we can see by an examination of the law in question. Whatever may have been the date of the establishment of the cities of refuge, I suppose that it will not be seriously denied that the law of the covenant as laid down in Exodus XX, 1, Numbers XXXV, 6, is at least as old as the age of Moses, in principle, if not in words; and this legal principle is quite inconsistent with, if not directly antagonistic to, all the prejudices and regulations, moral, religious, or civil, of a pure nomadic society, since it presupposes a social condition which, if adopted, would be fatal to a nomad society.

The true nomad knows no criminal law save the law of the blood feud, which is the law of revenge, and which prevailed among the Hebrews much earlier. In the early Saxon law it was expressed by the apothegm “Factum reputabitur pro volunte.” The act implies the intent. That is to say, the tribe is an enlarged family who, since they have no collective system of sovereignty which gives them common protection by an organized police, and courts with power to enforce process, have no option but to protect each other. Therefore, it is incumbent on each member of the tribe or family to avenge an injury to any other member, whether the injury be accidental or otherwise; and to be himself the judge of what amounts to an injury. Such a condition prevailed among the Hebrews at a very early period; “And God blessed Noah and his sons, and said unto them: ... at the hand of every man’s brother will I require the life of man. Whoso sheddeth man’s blood, by man shall his blood be shed.” [Footnote: Gen. IX, 1, 5, 6.] These customs and the type of thought which sustain them are very tenacious and change slowly. Moses could not have altered the nomadic customs of thought and of blood revenge, had he tried, more than could Canute. It would have been impossible. The advent of a civilized conception of the law is the work of centuries as the history of England proves.

We know not how long ago it was that the law of the blood feud was fully recognized in England, but it had already been shaken at the conquest, and its death-blow was given it by the Church, which had begun to tire of the responsibility entailed by the trial by ordeal or miracle, and the obloquy which it involved, at a relatively early date. For the purposes of the Church and the uses of confession it was more convenient to regard crime or tort, as did the Romans; as a mental condition, dependent altogether upon the state of the mind or “animus.” Malice in the eye of the Church was the virus which poisoned the otherwise innocent act, and made the thought alone punishable. Indeed, this conception is one which has not yet been completely established even in the modern law. The first signs of such a revolution in jurisprudence only began to appear in England some seven centuries ago. As Mr. Maitland has observed in his History of English Law, [Footnote: Vol. II, 476.] “We receive a shock of surprise when we meet with a maxim which has troubled our modern lawyers, namely, Reum nonfacit nisi mens rea, in the middle of the Leges Henrici.” That is to say somewhere about the year 1118 A.D. This maxim was taken bodily out of a sermon of Saint Augustine, which accounts for it, but at that time the Church had another process to suggest by which she asserted her authority. She threw the responsibility for detecting guilt, in cases of doubt, upon God. By the ordeal, if a homicide, for example, were committed, and the accused denied his guilt, he was summoned to appear, and then, after a solemn reference to God by the ecclesiastics in charge, he was caused either to carry a red-hot iron bar a certain distance or to plunge his arms in boiling water. If he were found, after a certain length of time, during which his arms were bandaged, to have been injured, he was held to have been guilty. If he had escaped unhurt he was innocent. Gradually, however, the ordeal began to fall into ridicule. William Rufus gibed at it, for of fifty men sent to the ordeal of iron, under the sacred charge of the clerks, all escaped, which certainly, as Mr. Maitland intimates, looks as if the officiating ecclesiastics had an interest in the result. [Footnote: History of English Law, II, 599, note 2.] At length, by the Lateran Council of 1215, the Church put an end to the institution, but long afterward it found its upholders. For example, the Mirror, written in the reign of Edward I (circa 1285) complained, “It is an abuse that proofs and compurgations be not by the miracle of God where other proof faileth.” Nor was the principle that “attempts” to commit indictable offences are crimes, established as law, until at least the time of the Star Chamber, before its abolition in the seventeenth century. Though doubtless it is the law to-day. [Footnote: Stephen, Digest of the Criminal Law, 192.] And this, although the means used may have been impossible. Moreover, the doctrine is still in process of enlargement.

Very convincing conclusions may be drawn from these facts. The subject is obscure and difficult, but if the inception of the process of breaking down the right of enforcing the blood feud be fixed provisionally toward the middle of the tenth century,—and this date is early enough,—the movement of thought cannot be said to have attained anything like ultimate results before at least the year 1321 when a case is cited wherein a man was held guilty because he had attempted to kill his master, and the “volunias in isto casu reputabitur pro facto.”

Measuring by this standard five hundred years is a short enough period to estimate the time necessary for a community to pass from the stage when the blood feud is recognized as unquestioned law, to the status involved in the administration of the cities of refuge, for in these cities not only the mental condition is provided for as a legitimate defence, but the defence of negligence is made admissible in a secular court.

“These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them; that every one that killeth any person unawares may flee thither....

“If he thrust him of hatred, or hurl at him by laying of wait that he die;

“Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.

“But if he thrust him suddenly without enmity, or have cast upon him anything without laying of wait,

“Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm:

“Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:

“And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled.”... [Footnote: Numbers XXXV, 15, 20-25.]

Here we have a defendant in a case of homicide setting up the defence that the killing happened through an accident, but an accident not caused by criminal negligence, and this defence is to be tried by the congregation, which is tantamount to trial by jury. It is not left to God, under the oversight of the Church; and this is precisely our own system at the present day. We now come to the inferences to be drawn from these facts. Supposing that the Israelites when they migrated to Egypt, in the time of Joseph, were in the condition of pure nomads among whom the blood feud was fully recognized as law, an interval of four or five hundred years, such as they are supposed to have passed in Goshen would bring them to the exodus. Now, assuming that the Israelites during those four centuries, when they lived among civilized neighbors and under civilized law, made an intellectual movement corresponding in velocity to the movement the English made after the conquest, they would have been, about the time when the cities of refuge were created, in the position described in Numbers, which is what we should expect assuming the Biblical tradition to be true.

To us the important question is not whether a certain piece of the supposed Mosaic legislation actually went into effect during the life of Moses, for that is relatively immaterial, but whether the Biblical narrative is, on the whole, worthy of credence, and this correlation of dates gives the strongest possible evidence in its favor. Very possibly, perhaps it may even be said certainly, the order in which events occurred may have been transposed, but, taken as a whole, it is impossible to resist the inference that the Bible story is excellent history and that, due allowance being made for the prejudice of the various scribes who wrote the Pentateuch in favor of the miraculous, where Moses was concerned, the Biblical record is good and trustworthy history, and frank at that;—much superior to quantities of modern documents which we accept without question.

Of all the achievements of Moses’ life none equals the exodus itself, either in brilliancy or success. How it was possible for Moses, with the assistance he had at command, to marshal and move a column of a million or a million and a half of men, women, and children, without discipline or cohesion, and encumbered with their baggage, beside their cattle, is an insoluble mystery. “And the children of Israel did according to the word of Moses; and they borrowed of the Egyptians jewels of silver, and jewels of gold, and raiment: ... And they spoiled the Egyptians. And the children of Israel journeyed from Ramses to Succoth, about six hundred thousand on foot that were men, beside children. And a mixed multitude went up also with them; and flocks and herds, even very much cattle.” They started from Ramses and Succoth.

The position of Ramses has been identified; that of Succoth is more questionable. Ramses and Pithom were fortified places, built by the Israelites for Ramses II, of the Nineteenth Dynasty, but apparently Succoth was the last halting-place before coming to the difficult ground which was overflowed by the sea.

The crossing was made at night, but it is hard to understand how, even under the most favorable conditions of weather, such a vast and confused multitude of women and children could have made the march in darkness with an active enemy pursuing, without loss of life or material. Indeed, even at that day the movement seemed to the actors so unparalleled that it always passed for a miracle, and its perfect success gave Moses more reputation with the Israelites and more practical influence over them than anything else he ever did, or indeed than all his other works together. “And Israel saw that great work which the Lord did upon the Egyptians: and the people feared the Lord and believed the Lord and his servant Moses.”

“And Miriam, the prophetess, the sister of Aaron; and all the women went after her with timbrels and with dances.” Now Miriam was in general none too loyal a follower of her younger brother, but that day, or rather night, she did proclaim Moses as a conqueror; which was a great concession from her, and meant much. And Moses exulted openly, as he had good cause to do, and gave vent to his exultation in a song which tradition has ever since attributed to him, and has asserted to have been sung by him and his congregation as they stood by the shore of the sea and watched the corpses of the Egyptians lying in the sand. And, if ever man had, Moses then had, cause for exultation, for he had seemingly proved by the test of war, which is the ultimate test to which a man can subject such a theory as his, that he had indeed discovered the motor which he sought, and, more important still, that he knew how to handle it. Therefore, he was master of supreme energy and held his right to command by the title of conquest. This was the culminating moment of his life; he never again reached such exaltation. From this moment his slow and gradual decline began.

And, indeed, great as had been the momentary success of Moses, his position was one of extreme difficulty, and probably he so understood it, otherwise there would be no way to account for his choosing the long, difficult, and perilous journey by Sinai, instead of approaching the “Promised Land” directly by way of Kadesh-Barnea, which was, in any event, to be his ultimate objective. It may well have been because Moses felt himself unable alone to cope with the difficulties confronting him that he decided at any cost to seek Jethro in Midian, who seems to have been the only able, honest, and experienced man within reach. Joshua, indeed, might be held to be an exception to this generalization, but Joshua, though a good soldier, was a man of somewhat narrow understanding, and quite unfit to grapple with questions involving jurisprudence and financial topography.

And at this juncture Moses must have felt his own deficiencies keenly. As a captain he made no pretence to efficiency. The Amalekites were, as he well knew, at this moment lying in wait for him, and forthwith he recognized that he had no alternative but to retire into the background himself and surrender the active command of the army to Joshua, a fatal concession had Joshua been ambitious or unscrupulous. And this was but the beginning. Before he could occupy Palestine he had to encounter and overcome numbers of equally formidable foes, a defeat by any one of whom might well be fatal. A man like Jethro, therefore, would be invaluable in guiding the caravan to spots favorable for action, from whence retreat to a place of safety would be open in case of a check. A reverse which happened on a later occasion gave Moses a shock he never forgot.

Furthermore, though Moses lived many years with Jethro, as his chief servant, he never seems to have travelled extensively in Arabia, and to have been ignorant of the chief trade routes along which wells were dug, and of the oases where pasture was to be found; so that Moses was nearly worthless as a guide, and this was a species of knowledge in which Jethro, according to Moses’ own statement, excelled. Meanwhile, the lives of all his followers depended on such knowledge. And Moses, when he reached Sinai, left no stone unturned to overcome Jethro’s reluctance to join him and to instruct him on the march north.

More important and pressing than all, Moses was ignorant of how, practically, to administer the law which he taught. His only idea was to do all in person, but this, with so large a following, was impossible. And here also his hope lay in Jethro. For when he got to Sinai, and Jethro remonstrated with him upon his methods, pointing out that they were impracticable, all Moses had to say in reply was that he sat all day to hear disputes and “I judge between one and another; and I do make them know the statutes of God, and his laws.” Further than this he had nothing to propose. It was Jethro who explained to him a constructive policy.

On the whole, upon this analysis, it appears that in all those executive departments in which Moses, by stress of the responsibilities which he had assumed, was called upon, imperatively, to act, there was but one, that of the magician or wise man, in which, by temperament and training, he was fitted to excel, and the functions of this profession drove him into to intolerably irksome and distressing position, yet a position from which throughout his life he found it impossible to escape. No one who attentively weighs the evidence can, I apprehend, escape the conviction that Moses was at bottom an honest man who would have conformed to the moral law he laid down in the name of the Lord had it been possible for him to do so. Among these precepts none ranked higher than a regard for truth and honesty. “Ye shall not steal, neither deal falsely, neither lie one to another.” [Footnote: Leviticus XIX, 11.] And this text is but one example of a general drift of thought.

Whether these particular words of Leviticus, or any similar phrases, were ever used by Moses is immaterial. No one can doubt that, in substance, they contained the gist of his moral doctrine and that he enforced the moral duty which they convey to the best of his power. And here the burden lay, which crushed this man, from which he never thenceforward could, even for an instant, free himself, and which Saint Paul avers to be the heaviest burden man can bear. Moses, to fulfil what he conceived to be his destiny and which at least certainly was his ambition, was condemned to lead a life of deceit and to utter no word during his long subsequent march which was not positively or inferentially a lie. And the bitterest of his trials must have been the agony of anxiety in which he must have lived lest some error in judgment on his part, some slackness in measuring the exact credulity of his audience, should cause his exposure and lead to his being cast out of the camp as an impostor and hunted to death as a false prophet: a fate which more than once nearly overtook him. Indeed, as he aged and his nerves lost their elasticity under the tension, he became obsessed with the fixed idea that God had renounced him and that some horror would overtake him should he attempt to cross the Jordan and enter the “Promised Land.” Defeated at Hormah, he dared not face another such check and, therefore, dawdled away his time in the wilderness until further dawdling became impossible. Then followed his mental collapse which is told in Deuteronomy, together with his suicide on Mount Nebo. And thus he died because he could not gratify at once his lust for power and his instinct to live an honest man.


ontemptible numbers a catastrophe necessarily followed. Almost impregnable as the position of the oligarchy appeared, it yet had its vulnerable point. As Burke told the Duke of Portland, a duke’s power did not come from his title, but from his wealth, and the landlords’ wealth rested on their ability to draw a double rent from their estates, one rent for themselves, and another to provide for the farmer to whom they let their acres. Evidently British land could not bear this burden if brought in competition with other equally good land that paid only a single rent, and from a pretty early period the landlords appear to have been alive to this fact. Nevertheless, ocean freights afforded a fair protection, and as long as the industrial population remained tolerably self-supporting, England rather tended to export than to import grain. But toward 1760 advances in applied science profoundly modified the equilibrium of English society. The new inventions, stimulated by steam, could only be utilized by costly machinery installed in large factories, which none but considerable capitalists could build, but once in operation the product of these factories undersold domestic labor, and ruined and evicted the population of whole regions like Halifax. These unfortunate laborers were thrust in abject destitution into filthy and dark alleys in cities, where they herded in masses, in misery and crime. In consequence grain rose in value, so much so that in 1766 prayers were offered touching its price. Thenceforward England imported largely from America, and in 1773 Parliament was constrained to reduce the duty on wheat to a point lower than the gentry conceded again, until the total repeal of the Corn Laws in 1846. [Footnote: John Morley, The Life of Richard Cobden, 167, note 5.] The situation was well understood in London. Burke, Governor Pownall, and others explained it in Parliament, while Chatham implored the landlords not to alienate America, which they could not, he told them, conquer, but which gave them a necessary market,—a market as he aptly said, both of supply and demand. And Chatham was right, for America not only supplied the grain to feed English labor, but bought from England at least one third of all her surplus manufactures.

This brings us to the eighteenth century, which directly concerns us, because the religious superstition, which had previously caused men to seek in a conscious supreme energy the effective motor in human affairs, had waned, and the problem presented was reduced to the operation of that acceleration of movement by the progress of applied science which always has been, and always must be, the prime cause of the quickening of economic competition either as between communities or as between individuals. And this is the capital phenomenon of civilization. For it is now generally admitted that war is nothing but economic competition in its acutest form. When competition reaches a certain intensity it kindles into war or revolution, precisely as when iron is raised to a certain heat it kindles into flame. And, for the purposes of illustration, possibly the best method of showing how competition was quickened, and how it affected adjacent communities during the eighteenth century, is to take navigation, not only because navigation was much improved during the first three quarters of that period, but because both England and France competed for control in America by means of ships. It suffices to mention, very succinctly, a few of the more salient advances which were then made.

Toward 1761 John Harrison produced the chronometer, by which longitude could be determined at sea, making the ship independent in all parts of the world. At the same time more ingenious rigging increased her power of working to windward. With such advantages Captain Cook became a mighty discoverer both in the southern and western oceans, charted New Zealand and much else, and more important than all, in 1759 he surveyed the Saint Lawrence and piloted ships up the river, of which he had established the channel. Speaking of Cook naturally leads to the solution of the problem of the transportation of men, sailors, soldiers, and emigrants, on long voyages, thereby making population fluid. Cook, in his famous report, read before the Royal Society in March, 1776, after his second voyage, established forever the hygienic principles by observing which a ship’s company may safely be kept at sea for any length of time. Previously there had always been a very high mortality from scurvy and kindred diseases, which had, of course, operated as a very serious check to human movement. On land the same class of phenomena were even more marked. In England the Industrial Revolution is usually held to date from 1760, and, by common consent, the Industrial Revolution is attributed altogether to applied science, or, in other words, to mechanical inventions. In 1760 the flying-shuttle appeared, and coal began to replace wood for smelting. In 1764 Hargreaves invented the spinning-jenny; in 1779 Crompton contrived the mule; and in 1768 Watt brought the steam-engine to maturity. In 1761 the first boat-load of coals sailed over the Barton viaduct, which James Brindley built for the Duke of Bridgewater’s canal, to connect Worsley with Manchester, thus laying the foundation of British inland navigation, which before the end of the century had covered England; while John Metcalf, the blind road-builder, began his lifework in 1765. He was destined to improve English highways, which up to that time had been mostly impossible for wheeled traffic. In France the same advance went on. Arthur Young described the impression made on him in 1789 by the magnificence of the French roads which had been built since the administration of Colbert, as well as by the canal which connected the Mediterranean with the Atlantic.

In the midst of this activity Washington grew up. Washington was a born soldier, engineer, and surveyor with the topographical instinct peculiar to that temperament. As early as 1748 he was chosen by Lord Fairfax, who recognized his ability, though only sixteen years old, to survey his vast estate west of the Blue Ridge, which was then a wilderness. He spent three years in this work and did it well. In 1753 Governor Dinwiddie sent Washington on a mission to the French commander on the Ohio, to warn him to cease trespassing on English territory, a mission which Washington fulfilled, under considerable hardship and some peril, with eminent success. Thus early, for he was then only twenty-two, Washington gained that thorough understanding of the North American river system which enabled him, many years afterward, to construct the Republic of the United States upon the lines of least resistant intercommunication. And Washington’s conception of the problem and his solution thereof were, in substance, this:

The American continent, west of the mountains and south of the Great Lakes, is traversed in all directions by the Mississippi and its tributaries, but we may confine our attention to two systems of watercourses, the one to the west, forming by the Wisconsin and the main arm of the Mississippi, a thoroughfare from Lake Michigan to the Gulf; and the other by French Creek and the Allegheny, broken only by one easy portage, affording a perfect means of access to the Ohio, a river which has always operated as the line of cleavage between our northern and southern States. The French starting from Quebec floated from Lake Erie down the Allegheny to Pittsburgh, the English ascended the Potomac to Cumberland, and thence, following the most practicable watercourses, advanced on the French position at the junction of the Allegheny and the Monongahela. There Washington met and fought them in 1754, and ever after Washington maintained that the only method by which a stable union among the colonies could be secured was by a main trunk system of transportation along the line of the Ohio and the Potomac. This was to be his canal which should bind north and south, east and west, together by a common interest, and which should carry the produce of the west, north, and south, to the Atlantic coast, where it should be discharged at the head of deep-water navigation, and which should thus stimulate industry adjacent to the spot he chose for the Federal City, or, in our language, for the City of Washington. Thus the capital of the United States was to become the capital of a true nation, not as a political compromise, but because it lay at the central point of a community made cohesive by a social circulation which should build it up, in his own words, into a capital, or national heart, if not “as large as London, yet of a magnitude inferior to few others in Europe.” [Footnote: Washington to Mrs. Fairfax, 16 May, 1798; Sparks, xi, 233.] Maryland and Virginia abounded, as Washington well knew, in coal and iron. His canal passing through this region would stimulate industry, and these States would thus become the focus of exchanges. Manufacturing is incompatible with slavery, hence slavery would gradually and peacefully disappear, and the extremities of the Union would be drawn together at what he described as “the great emporium of the United States.” To crown all, a national university was to make this emporium powerful in collective thought.

Doubtless Grenville and Townshend had not considered the American problem as maturely as had Washington, but nevertheless, most well-informed persons now agree that Englishmen in 1763 were quite alive to the advantages which would accrue to Great Britain, by holding in absolute control a rich but incoherent body of colonies whose administrative centre lay in England, and were as anxious that London should serve as the heart of America as Washington was that America should have its heart on the Potomac.

Accordingly, England attempted to isolate Massachusetts and pressed an attack on her with energy, before the whole thirteen colonies should be able to draw to a unity. On the other hand, Washington, and most sensible Americans, resisted this attack as resolutely as might be under such disadvantages, not wishing for independence, but hoping for some compromise like that which Great Britain has since effected with her remaining colonies. The situation, however, admitted of no peaceful adjustment, chiefly because the imbecility of American administration induced by her incapacity for collective thought, was so manifest, that Englishmen could not believe that such a society could wage a successful war. Nor could America have done so alone. She owed her ultimate victory altogether to Washington and France.

It would occupy too much space for me to undertake to analyze, even superficially, the process by which, after the Seven Years’ War, competition between America and England reached an intensity which kindled the American Revolution, but, shortly stated, the economic tension arose thus: As England was then organized, the estates of the English landlords had to pay two rents, one to the landlord himself, the other to the farmer who leased his land, and this it could not do were it brought into direct competition with equally good land which paid but one profit, and which was not burdened by an excessive cost of transportation in reaching its market. As freights between England and America fell because of improved shipping and the greater safety of the seas, England had to have protection for her food and she proposed to get it thus: If competing Continental exports could be excluded from America, and, at the same time, Americans could be prevented from manufacturing for themselves, the colonists might be constrained to take what they needed from England, at prices which would enable labor to buy food at a rate which would yield the double profit, and thus America could be made to pay the cost of supporting the landlords. As Cobden afterward observed, the fortunes of England have turned on American competition. A part of these fortunes were represented by the Parliamentary boroughs which the landlords owned and which were confiscated by the Reform Bill, and these boroughs were held by Lord Eldon to be incorporeal hereditaments: as truly a part of the private property of the gentry who owned them as church advowsons, or the like. And the gentry held to their law-making power which gave them such a privilege with a tenacity which precipitated two wars before they yielded; but this was naught compared to the social convulsion which rent France, when a population which had been for centuries restrained from free domestic movement, burst its bonds and insisted on levelling the barriers which had immobilized it.

The story of the French Revolution is too familiar to need recapitulation here: indeed, I have already dealt with it in my Social Revolutions; but the effects of that convulsion are only now beginning to appear, and these effects, without the shadow of a doubt, have been in their ultimate development the occasion of that great war whose conclusion we still await.

France, in 1792, having passed into a revolution which threatened the vested interests of Prussia, was attacked by Prussia, who was defeated at Valmy. Presently, France retaliated, under Napoleon, invaded Prussia, crushed her army at Jena, in 1807, dismembered the kingdom and imposed on her many hardships. To obtain their freedom the Prussians found it needful to reorganize their social system from top to bottom, for this social system had descended from Frederic William, the Great Elector of Brandenburg (1640-1688), and from Frederic the Great (1740-1786), and was effete and incapable of meeting the French onset, which amounted, in substance, to a quickened competition. Accordingly, the new Prussian constitution, conceived by Stein, put the community upon a relatively democratic and highly developed educational basis. By the Emancipating Edict of 1807, the peasantry came into possession of their land, while, chiefly through the impulsion of Scharnhorst, who was the first chief of staff of the modern army, the country adopted universal military service, which proved to be popular throughout all ranks. Previous to Scharnhorst, under Frederic the Great, the qualification of an officer had been birth. Scharnhorst defined it as education, gallantry, and intelligence. Similarly, Gneisenau’s conception of a possible Prussian supremacy lay in its army, its science, and its administration. But the civil service was intended to incarnate science, and was the product of the modernized university, exemplified in the University of Berlin organized by William von Humboldt. Herein lay the initial advantage which Germany gained over England, an advantage which she long maintained. And the advantage lay in this: Germany conceived a system of technical education matured and put in operation by the State. Hence, so far as in human affairs such things are possible, the intelligence of Germans was liberated from the incubus of vested interests, who always seek to use education to advance themselves. It was so in England. The English entrusted education to the Church, and the Church was, by the necessity of its being, reactionary and hostile to science, whereas the army, in the main, was treated in England as a social function, and the officers, speaking generally, were not technically specially educated at all. Hence, in foreign countries, but especially in Germany which was destined to be ultimately England’s great competitor, England laid herself open to rather more than a suspicion of weakness, and indeed, when it came to a test, England found herself standing, for several years of war, at a considerable disadvantage because of the lack of education in those departments wherein Germany had, by the attack of France, been forced to make herself proficient. This any one may see for himself by reading the addresses of Fichte to the German nation, delivered in 1807 and 1808, when Berlin was still occupied by the French. In fine, it was with Prussia a question of competition, brought to its ultimate tension by war. Prussia had no alternative as a conquered land but to radically accelerate her momentum, or perish. And so, at the present day, it may not improbably be with us. Competition must grow intenser.

With England the situation in 1800 was very different. It was less strenuous. Nothing is more notable in England than to observe how, after the Industrial Revolution began, there was practically no means by which a poor man could get an education, save by educating himself. For instance, in February 1815, four months before Waterloo, George Stephenson took out a patent for the locomotive engine which was to revolutionize the world. But George Stephenson was a common laborer in the mines, who had no state instruction available, nor had he even any private institution at hand in which the workmen whom he employed in practical construction could be taught. He and his son Robert, had to organize instruction for themselves and their employees independently. So it was even with a man like Faraday, who began life as an errand boy, and later on who actually went abroad as a sort of valet to Sir Humphry Davy. Davy himself was a self-made man. In short, England, as a community, did little or nothing by education for those who had no means, and but little to draw any one toward science. It was at this precise moment that Germany was cast into the furnace of modern competition with England, who had, because of a series of causes, chiefly geographical, topographical, and mineralogical, about a century the start of her. Against this advantage Germany had to rely exclusively upon civil and military education. At first this competition by Germany took a military complexion, and very rapidly wrought the complete consolidation of Germany by the Austrian and the French wars. But this phase presently passed, and after the French campaign of 1870 the purely economic aspect of the situation developed more strenuously still, so much so that intelligent observers, among whom Lord Roberts was conspicuous, perceived quite early in the present century that the heat generated in the conflict must, probably, soon engender war. Nor could it either theoretically or practically have been otherwise, for the relations between the two countries had reached a point where they generated a friction which caused incandescence automatically. And, moreover, the inflammable material fit for combustion was, especially in Germany, present in quantity. From the time of Fichte and Scharnhorst downward to the end of the century, the whole nation had learned, as a sort of gospel, that the German education produced a most superior engine of economic competition, whereas the slack education and frivolous amusements of English civil and military life alike, had gradually created a society apt to crumble. And it is only needful for any person who has the curiosity, to glance at the light literature of the Victorian age, which deals with the army, to see how dominant a part such an amusement as hunting played in the life of the younger officers, especially in the fashionable regiments, to be impressed with the soundness of much of this German criticism.

Assuming, then, for the sake of argument, that these historical premises are sound, I proceed to consider how they bear on our prospective civilization.

This is eminently a scientific age, and yet the scientific mind, as it is now produced among us, is not without tendencies calculated to cause uneasiness to those a little conversant with history or philosophy. For whereas no one in these days would dream of utilizing prayer, as did Moses or Saint Hugh, as a mechanical energy, nevertheless the search for a universal prime motor goes on unabated, and yet it accomplishes nothing to the purpose. On the contrary, the effect is one which could neither be expected nor desired. Instead of being an aid to social coordination, it stimulates disintegration to a high degree as the war has shown. It has stimulated disintegration in two ways. First, it has enormously quickened physical movement, which has already been discussed, and secondly, it has stimulated the rapidity with which thought is diffused. The average human being can only absorb and assimilate safely new forms of thought when given enough time for digestion, as if he were assimilating food. If he be plied with new thought too rapidly he fails to digest. He has a surfeit, serious in proportion to its enormity. That is to say, his power of drawing correct conclusions from the premises submitted to him fails, and we have all sorts of crude experiments in sociology attempted, which end in that form of chaos which we call a violent revolution. The ordinary result is infinite waste fomented by fallacious hopes; in a word, financial disaster, supplemented usually by loss of life. The experience is an old one, and the result is almost invariable.

For example, during the Middle Ages, men like Saint Hugh and Peter the Venerable, and, most of all, Saint Francis, possessed by dreams of attaining to perfection, by leading lives of inimitable purity, self-devotion, and asceticism, inspired the community about them with the conviction that they could work miracles. They thereby, as a reward, drew to the Church they served what amounted to being, considering the age they lived in, boundless wealth. But the effect of this economic phenomenon was far from what they had hoped or expected. Instead of raising the moral standard of men to a point where all the world would be improved, they so debased the hierarchy, by making money the standard of ambition within it, that, as a whole, the priesthood accepted, without any effective protest, the fires of the Council of Constance which consumed Huss, and the abominations of the Borgias at Rome. Perfectly logically, as a corollary to this orgy of crime and bestiality, the wars of the Reformation swept away many, many thousands of human beings, wasted half of Europe, and only served to demonstrate the futility of ideals.

And so it was with the Puritans, who were themselves the children of the revolt against social corruption. They fondly believed that a new era was to be ushered in by the rule of the Cromwellian saints. What the Cromwellian saints did in truth usher in, was the carnival of debauchery of Charles II, in its turn to be succeeded by the capitalistic competitive age which we have known, and which has abutted in the recent war.

Man can never hope to change his physical necessities, and therefore his moral nature must always remain the same in essence, if not in form. As Washington truly said, “The motives which predominate most in human affairs are self-love and self-interest,” and “nothing binds one country or one state to another but interest.”

If, then, it be true, that man is an automatic animal moving always along the paths of least resistance toward predetermined ends, it cannot fail to be useful to us in the present emergency to mark, as distinctly as we can, the causes which impelled Germany, at a certain point in her career, to choose the paths which led to her destruction rather than those which, at the first blush, promised as well, and which seemed to be equally as easy and alluring. And we may possibly, by this process, expose certain phenomena which may profit us, since such an examination may help us to estimate what avenues are like to prove ultimately the least resistant.

Throughout the Middle Ages North Germany, which is the region whereof Berlin is the capital, enjoyed relatively little prosperity, because Brandenburg, for example, lay beyond the zone of those main trade routes which, before the advent of railways, served as the arteries of the eastern trade. Not until after the opening of the Industrial Revolution in England, did that condition alter. Nor even then did a change come rapidly because of the inertia of the Russian people. Nevertheless, as the Russian railway system developed, Berlin one day found herself standing, as it were, at the apex of a vast triangle whose boundaries are, roughly, indicated by the position of Berlin itself, Petersburg, Warsaw, Moscow, Kiev, and the Ukraine. Beyond Berlin the stream of traffic flowed to Hamburg and thence found vent in America, as a terminus. Great Britain, more especially, demanded food, and food passed by sea from Odessa. Hence Russia served as a natural base for Germany, taking German manufactures and offering to Germany a reservoir capable of absorbing her redundant population. Thus it had long been obvious that intimate relations with Russia were of prime importance to Germany since all the world could perceive that the monied interests of Russia must more and more fall into German hands, because of the intellectual limitations of the Russians. Also pacification to the eastward always was an integral part of Bismarck’s policy. Notwithstanding which other influences conflicted with, and ultimately overbalanced, this eastern trend in Germany.

For many thousand years before written history began, the economic capital of the world, the seat for the time being of opulence and of splendor, and at once the admiration and the envy of less favored rivals, has been a certain ambulatory spot upon the earth’s surface, at a point where the lines of trade from east to west have converged. And always the marked idiosyncrasy of this spot has been its unrest. It has constantly oscillated from east to west according as the fortunes of war have prevailed, or as the march of applied science has made one or another route of transportation cheaper or more defensible.

Thus Babylon was conquered and robbed by Rome, and Rome, after a long heyday of prosperity, yielded to Constantinople, while Constantinople lost her supremacy to Venice, Genoa, and North Italy, following the sack of Constantinople by the Venetians in 1202 A.D. The Fairs of Champaign in France, and the cities of the Rhine and Antwerp were the glory of the Middle Ages, but these great markets faded when the discovery of the long sea voyage to India threw the route by the Red Sea and Cairo into eccentricity, and caused Spain and Portugal to bloom. Spain’s prosperity did not, however, last long. England used war during the sixteenth century as an economic weapon, pretty easily conquering. And since the opening of the Industrial Revolution, at least, London, with the exception of the few years when England suffered from the American revolt of 1776, has assumed steadily more the aspect of the great international centre of exchanges, until with Waterloo her supremacy remained unchallenged. It was this brilliant achievement of London, won chiefly by arms, which more than any other cause impelled Germany to try her fortunes by war rather than by the methods of peace.

Nor was the German calculation of chances unreasonable or unwarranted. For upwards of two centuries Germany had found war the most profitable of all her economic ventures; especially had she found the French war of 1870 a most lucrative speculation. And she felt unbounded confidence that she could win as easy a triumph with her army, over the French, in the twentieth as in the nineteenth century. But, could she penetrate to Paris and at the same time occupy the littoral of the Channel and Antwerp, she was persuaded that she could do to the commerce of England what England had once done to the commerce of Spain, and that Hamburg and Berlin would supplant London. And this calculation might have proved sound had it not been for her oversight in ignoring one essential factor in the problem. Ever since North America was colonized by the English, that portion of the continent which is now comprised by the Republic of the United States, had formed a part of the British economic system, even when the two fragments of that system were competing in war, as has occurred more than once. And as America has waxed great and rich these relations have grown closer, until of recent years it has become hard to determine whether the centre of gravity of this vast capitalistic mass lay to the east or to the west of the Atlantic. One fact, however, from before the outset of this war had been manifest, and that was that the currents of movement flowed with more power from America to England than from America to Germany. And this had from before the outbreak of hostilities affected the relations of the parties. Should Germany prevail in her contest with England, the result would certainly be to draw the centre of exchanges to the eastward, and thereby to throw the United States, more or less, into eccentricity; but were England to prevail the United States would tend to become the centre toward which all else would gravitate. Hence, perfectly automatically, from a time as long ago as the Spanish War, the balance, as indicated by the weight of the United States, hung unevenly as between Germany and England, Germany manifesting something approaching to repulsion toward the attraction of the United States while Great Britain manifested favor. And from subsequent evidence, this phenomenon would seem to have been thus early developed, because the economic centre of gravity of our modern civilization had already traversed the Atlantic, and by so doing had decided the fortunes of Germany in advance, in the greater struggle about to come. Consider attentively what has happened. In April, 1917, when the United States entered the conflict, Germany, though it had suffered severely in loss of men, was by no means exhausted. On the contrary, many months subsequently she began her final offensive, which she pushed so vigorously that she penetrated to within some sixty miles of Paris. But there, at ChÂteau Thierry, on the Marne, she first felt the weight of the economic shift. She suddenly encountered a division of American troops advancing to oppose her. Otherwise the road to Paris lay apparently open. The American troops were raw levies whom the Germans pretended to despise. And yet, almost without making a serious effort at prolonged attack, the Germans began their retreat, which only ended with their collapse and the fall of the empire.

A similar phenomenon occurred once before in German history, and it is not an uncommon incident in human experience when nature has already made, or is on the brink of making, a change in the seat of the economic centre of the world. In the same way, when Constantine won the battle of the Milvian Bridge, with his men fighting under the standard of the Labarum, it was subsequently found that the economic capital of civilization had silently migrated from the Tiber to the Bosphorus, where Constantine seated himself at Constantinople, which was destined to be the new capital of the world for about eight hundred years. So in 1792, when the Prussians and the French refugees together invaded France, they never doubted for an instant that they should easily disperse the mob, as they were pleased to call it, of Kellermann’s “vagabonds, cobblers, and tailors.” Nevertheless the Germans recoiled on the slope of Valmy from before the republican army, almost without striking a blow, nor could they be brought again to the attack, although the French royalists implored to be allowed to storm the hill alone, provided they could be assured of support. Then the retreat of the Duke of Brunswick began, and this retreat was the prelude to the Napoleonic empire, to Austerlitz, to Jena, to the dismemberment and to the reorganization of Prussia and to the evolution of modern Germany: in short, to the conversion of the remnants of mediÆval civilization into the capitalistic, industrial, competitive society which we have known. And all this because of the accelerated movement caused by science.

If it be, indeed, a fact that the victory of ChÂteau Thierry and the subsequent retreat of the German army together with the collapse of the German Empire indicate, as there is abundant reason to suppose that they may, a shift in the world’s social equilibrium, equivalent to the shift in Europe presaged by Valmy, or to that which substituted Constantinople for Rome and which was marked by the Milvian Bridge, it follows that we must prepare ourselves for changes possibly greater than our world has seen since it marched to Jerusalem under Godfrey de Bouillon. And the tendency of those changes is not so very difficult, perhaps, roughly to estimate, always premising that they are hardly compatible with undue optimism. Supposing, for example, we consider, in certain of their simpler aspects, some of the relations of Great Britain toward ourselves, since Great Britain is not only our most important friend, assuming that she remain a friend, but our most formidable competitor, should competition strain our friendship. Also Great Britain has the social system nearest akin to our own, and most likely to be influenced by the same so-called democratic tendencies. For upwards of a hundred years Great Britain has been, and she still is, absolutely dependent on her maritime supremacy for life. It was on that issue she fought the Napoleonic wars, and when she prevailed at Trafalgar and Waterloo she assumed economic supremacy, but only on the condition that she should always be ready and willing to defend it, for it is only on that condition that economic supremacy can be maintained. War is the most potent engine of economic competition. Constantinople and Antwerp survived and flourished on the same identical conditions long before the day of London. She must keep her avenues of communication with all the world open, and guard them against possible attack. So long as America competed actively with England on the sea, even for her own trade, her relations with Great Britain were troubled. The irritation of the colonies with the restrictions which England put upon their commerce materially contributed to foment the revolution, as abundantly appears in the famous case of John Hancock’s sloop Liberty, which was seized for smuggling. So in the War of 1812, England could not endure the United States as a competitor in her contest with France. She must be an ally, or, in other words, she must function as a component part of the British economic system, or she must be crushed. The crisis came with the attack of the Leopard on the Chesapeake in 1807, after which the possibility of maintaining peace, under such a pressure, appeared, in its true light, as a phantasm. After the war, with more or less constant friction, the same conditions continued until the outbreak of the Rebellion, and then Great Britain manifested her true animus as a competitor. She waged an unacknowledged campaign against the commerce of the United States, building, equipping, arming, manning, and succoring a navy for the South, which operated none the less effectively because its action was officially repudiated. And in this secret warfare England prevailed, since when the legislation of the United States has made American competition with England on the sea impossible. Wherefore we have had peace with England. We have supplied Great Britain with food and raw materials, abandoning to England the carrying trade and an undisputed naval supremacy. Consequently Great Britain feels secure and responds to the full force of that economic attraction which makes America naturally, a component part of the British economic system. But let American pretensions once again revive to the point of causing her to attempt seriously to develop her sea power as of yore, and the same friction would also revive which could hardly, were it pushed to its legitimate end, eventuate otherwise than in the ultimate form of all economic competition.

If such a supposition seems now to be fanciful, it is only necessary to reflect a moment on the rapidity with which national relations vary under competition, to be assured that it is real. As Washington said, the only force which binds one nation to another is interest. The rise of Germany, which first created jealousy in England, began with the attack on Denmark in 1864. Then Russia was the power which the British most feared and with whom they were on the worst of terms. About that period nothing would have seemed more improbable than that these relations would be reversed, and that Russia and England would jointly, within a generation, wage fierce war on Germany. We are very close to England now, but we may be certain that, were we to press, as Germany pressed, on British maritime and industrial supremacy, we should be hated too. It is vain to disguise the fact that British fortunes in the past have hinged on American competition, and that the wisest and most sagacious Englishmen have been those who have been most alive to the fact. Richard Cobden, for example, was one of the most liberal as he was one of the most eminent of British economists and statesmen of the middle of the nineteenth century. He was a democrat by birth and education, and a Quaker by religion. In 1835, just before he entered public life, Cobden visited the United States and thus recorded his impressions on his return:

“America is once more the theatre upon which nations are contending for mastery; it is not, however, a struggle for conquest, in which the victor will acquire territorial dominion—the fight is for commercial supremacy, and will be won by the cheapest.... It is from the silent and peaceful rivalry of American commerce, the growth of its manufactures, its rapid progress in internal improvements, ... it is from these, and not from the barbarous policy or the impoverishing armaments of Russia, that the grandeur of our commercial and national prosperity is endangered.” [Footnote: John Morley, The Life of Richard Cobden, 107, 108.]

It is not, however, any part of my contention that nature should push her love of competition so far as necessarily to involve us in war with Great Britain, at least at present, for nature has various and most unlooked-for ways of arriving at her ends, since men never can determine, certainly in advance, what avenue will, to them, prove the least resistant. They very often make an error, as did the Germans, which they can only correct by enduring disaster, defeat, and infinite suffering. Nature might very well, for example, prefer that consolidation should advance yet another step before a reaction toward chaos should begin.

This last war has, apparently, been won by a fusion of two economic systems which together hold and administer a preponderating mass of fluid capital, and which have partially pooled their resources to prevail. They appear almost as would a gigantic lizard which, having been severed in an ancient conflict, was now making a violent but only half-conscious effort to cause the head and body to unite with the tail, so that the two might function once more as a single organism, governed by a single will. Under our present form of capitalistic life there would seem to be no reason why this fluid capital should not fuse and by its energy furnish the motor which should govern the world. Rome, for centuries, was governed by an emperor, who represented the landed class of Italy, under the forms of a republic. It is not by any means necessary that a plutocratic mass should have a recognized political head. And America and England, like two enormous banking houses, might in effect fuse and yet go on as separate institutions with nominally separate boards of directors.

But it is inconceivable that even such an expedient as this, however successful at the outset, should permanently solve the problem, which resolves itself once more into individual competition. It is not imaginable that such an enormous plutocratic society as I have supposed could conduct its complex affairs upon the basis of the average intelligence. As in Rome, a civil service would inevitably be organized which would contain a carefully selected body of ability. We have seen such a process, in its initial stages, in the recent war. And such a civil service, however selected and however trained, would, to succeed, have to be composed of men who were the ablest in their calling, the best educated, and the fittest: in a word, the representatives of what we call “the big business” of the country. Such as they might handle the railroads, the telegraph lines, the food supply, the question of competitive shipping, and finally prices, as we have seen it done, but only on condition that they belonged to the fortunate class by merit.

But supposing, in the face of such a government, the unfortunate class should protest, as they already do protest in Russia, in Germany, and even in England and here at home, that a legal system which sanctions such a civilization is iniquitous. Here, the discontented say, you insist on a certain form of competition being carried to its limit. That is, you demand intellectual and peaceful competition for which I am unfit both by education, training, and mental ability. I am therefore excluded from those walks in life which make a man a freeman. I become a slave to capital. I must work, or fight, or starve according to another man’s convenience, caprice, or, in fine, according to his will. I could be no worse off under any despot. To such a system I will not submit. But I can at least fight. Put me on a competitive equality or I will blow your civilization to atoms. To such an argument there is no logical answer possible except the answer which all extreme socialists have always advanced. The fortunate man should be taxed for all he earns above the average wage, and the State should confiscate his accumulations at death. Then, with a system of government education, obligatory on all, children would start equal from birth.

Here we come against the hereditary instinct, the creator and the preserver of the family: the instinct which has made law and order possible, so far as our ancestors or we have known order, as far back as the Ice Age. If the coming world must strive with this question, or abandon the “democratic ideal,” the future promises to be stormy.

But even assuming that this problem of individual competition be overcome, we are as far as ever from creating a system of moral law which shall avail us, for we at once come in conflict with the principle of abstract justice which demands that free men shall be permitted to colonize or move where they will. But supposing England and America to amalgamate; they now hold or assume to control all or nearly all the vacant regions of the earth which are suited to the white man’s habitation. And the white man cannot live and farm his land in competition with the Asiatic; that was conclusively proved in the days of Rome.

But it is not imaginable that Asiatics will submit to this discrimination in silence. Nothing can probably constrain them to resignation but force, and to apply force is to revert to the old argument of the savage or the despot, who admits that he knows no law save that of the stronger, which is the system, however much we have disguised it and, in short, lied about it, under which we have lived and under which our ancestors have lived ever since the family was organized, and under which it is probable that we shall continue to live as long as any remnant of civilization shall survive.

Nevertheless, it seems to be far from improbable that the system of industrial, capitalistic civilization, which came in, in substance, with the “free thought” of the Reformation, is nearing an end. Very probably it may have attained to its ultimate stages and may dissolve presently in the chaos which, since the Reformation, has been visibly impending. Democracy in America has conspicuously and decisively failed, in the collective administration of the common public property. Granting thus much, it becomes simply a question of relative inefficiency, or degradation of type, culminating in the exhaustion of resources by waste; unless the democratic man can supernaturally raise himself to some level more nearly approaching perfection than that on which he stands. For it has become self-evident that the democrat cannot change himself from a competitive to a non-competitive animal by talking about it, or by pretending to be already or to be about to become other than he is,—the victim of infinite conflicting forces.

BROOKS ADAMS,

QUINCY, July 20, 1919.


21; which you may do safely, for all the men are dead which sought thy life.

“And Moses took his wife and his sons, and set them upon an ass, and he returned to the land of Egypt. And Moses took the rod of God in his hand.”

It was after this, apparently, that Aaron travelled to meet Moses in Midian, and Moses told Aaron what had occurred, and performed his tests, and, seemingly, convinced him; for then Moses and Aaron went together into Egypt and called the elders of the children of Israel together, “and did the signs in the sight of the people. And the people believed: and ... bowed their heads and worshipped.” Meanwhile God had not, as yet, revealed his name. But as presently matters came to a crisis between Moses and Pharaoh, he did so. He said to Moses, “I am the Lord:

“I appeared unto Abraham, unto Isaac, and unto Jacob, by the name of God Almighty; but by my name Jehovah was I not known to them....

“Wherefore say unto the children of Israel, I am the Lord.... And I will bring you in unto the land, concerning the which I did swear to give it to Abraham, to Isaac, and to Jacob; and I will give it you for an heritage: I am the Lord.

“And Moses spake so unto the children of Israel: but they hearkened not unto Moses, for anguish of spirit, and for cruel bondage....

“And Moses spake before the Lord, saying, Behold the children of Israel have not hearkened unto me; how then shall Pharaoh hear me?” And from this form of complaint against his countrymen until his death Moses never ceased.

Certain modern critics have persuaded themselves to reject this whole Biblical narrative as the product of a later age and of a maturer civilization, contending that it would be childish to attribute the reasoning of the Pentateuch to primitive Bedouins like the patriarchs or like the Jews who followed Moses into the desert. Setting aside at once the philological discussion as to whether the language of the Pentateuch could have been used by Moses, and admitting for the sake of argument that Moses did not either himself write, or dictate to another, any part of the documents in question, it would seem that the application of a little common sense would show pretty conclusively that Moses throughout his whole administrative life acted upon a single scientific theory of the application of a supreme energy to the affairs of life, and upon the belief that he had discovered what that energy was and understood how to control it.

His syllogism amounted to this:

Facts, which are admitted by all Hebrews, prove that the single dominant power in the world is the being who revealed himself to our ancestors, and who, in particular, guided Joseph into Egypt, protected him there, and raised him to an eminence never before or since reached by a Jew. It can also be proved, by incontrovertible facts, that this being is a moral being, who can be placated by obedience and by attaining to a certain moral standard in life, and by no other means. That this standard has been disclosed to me, I can prove to you by sundry miraculous signs. Therefore, be obedient and obey the law which I shall promulgate “that ye may prosper in all that ye do.”

Indeed, the philosophy of Moses was of the sternly practical kind, resembling that of Benjamin Franklin. He did not promise his people, as did the Egyptians, felicity in a future life. He confined himself to prosperity in this world. And to succeed in his end he set an attainable standard. A standard no higher, certainly than that accepted by the Egyptians, as it is set forth in the 125th chapter of the Book of the Dead, a standard to which the soul of any dead man had to attain before he could be admitted into Paradise. Nor did Moses, as Dr. Budde among others assumes, have to deal with a tribe of fierce and barbarous Bedouins, like the Amalekites, to whom indeed the Hebrews were antagonistic and with whom they waged incessant war.

The Jews, for the most part, differed widely from such barbarians. They had become sedentary at the time of the exodus, whatever they may have been when Abraham migrated from Babylon. They were accustomed in Egypt to living in houses, they cultivated and cooked the cereals, and they fed on vegetables and bread. They did not live on flesh and milk as do the Bedouins; and, indeed, the chief difficulty Moses encountered in the exodus was the ignorance of his followers of the habits of desert life, and their dislike of desert fare. They were forever pining for the delights of civilization. “Would to God we had died by the hand of the Lord in the land of Egypt, when we eat by the flesh-pots, and when we did eat bread to the full! for ye have brought us forth into this wilderness, to kill this whole assembly with hunger.” [Footnote: Ex. XVI, 3.]

“We remember the fish, which we did eat in Egypt freely; the cucumbers, and the melons, and the leeks, and the onions, and the garlick.” These were the wants of sedentary and of civilized folk, not of barbarous nomads who are content with goat’s flesh and milk. And so it was with their morality and their conceptions of law. Moses was, indeed, a highly civilized and highly educated man. No one would probably pretend that Moses represented the average Jew of the exodus, but Moses understood his audience reasonably well, and would not have risked the success of his whole experiment by preaching to them a doctrine which was altogether beyond their understanding. If he told them that the favor of God could only be gained by obeying the laws he taught, it was because he thought such an appeal would be effective with a majority of them.

Dr. Budde, who is a good example of the modern hypercritical school, takes very nearly the opposite ground. His theory is that Moses was in search of a war god, and that he discovered such a god, in the god of the Bedouin tribe of the Kenites whose acquaintance he first made when dwelling with his father-in-law Jethro at Sinai. The morality of such a god he insists coincided with the morality which Moses may have at times countenanced, but which was quite foreign to the spirit of the decalogue.

Doubtless this is, in a degree, true. The religion of the pure Bedouin was very often crude and shocking, not to say disgusting. But to argue thus is to ignore the fact that all Bedouins did not, in the age of Moses, stand on the same intellectual or moral level, and it is also to ignore the gap that separated Moses and his congregation intellectually and morally from such Bedouins as the Amalekites.

Dr. Budde, in his Religion of Israel to the Exile, insists that the Kenite god, Jehovah, demanded “The sacred ban by which conquered cities with all their living beings were devoted to destruction, the slaughter of human beings at sacred spots, animal sacrifices at which the entire animal, wholly or half raw, was devoured, without leaving a remnant, between sunset and sunrise,—these phenomena and many others of the same kind harmonise but ill with an aspiring ethical religion.”

He also goes on to say: “We are further referred to the legislation of Moses, ... comprising civil and criminal, ceremonial and ecclesiastical, moral and social law in varying compass. This legislation, however, cannot have come from Moses.... Such legislation can only have arisen after Israel had lived a long time in the new home.”

To take these arguments in order,—for they must be so dealt with to develop any reasonable theory of the Mosaic philosophy,—Moses, doubtless, was a ruthless conqueror, as his dealings with Sihon and Og sufficiently prove. “So the Lord our God delivered into our hands Og also, the king of Bashan, and all his people: and we smote him until none was left to him remaining....

“And we utterly destroyed them, as we did unto Sihon, king of Heshbon, utterly destroying the men, women, and children of every city.” [Footnote: Deut. III, 3-6.]

There is nothing extraordinary, or essentially barbarous, in this attitude of Moses. The same theory of duty or convenience has been held in every age and in every land, by men of the ecclesiastical temperament, at the very moment at which the extremest doctrines of charity, mercy, and love were practised by their contemporaries, or even preached by themselves. For example:

At the beginning of the thirteenth century the two great convents of Cluny and Citeau, together, formed the heart of monasticism, and Cluny and Citeau were two of the richest and most powerful corporations in the world, while the south of France had become, by reason of the eastern trade, the wealthiest and most intelligent district in Europe. It suffices to say here that, just about this time, the people of Languedoc had made up their minds, because of the failure of the Crusades, the cost of such magnificent establishments was not justified by their results, and accordingly Count Raymond of Toulouse, in sympathy with his subjects, did seriously contemplate secularization. To the abbots of these great convents, it was clear that if this movement spread across the Rhone into Burgundy, the Church would face losses which they could not contemplate with equanimity. At this period one Arnold was Abbot of Citeau, universally recognized as perhaps the ablest and certainly one of the most unscrupulous men in Europe. Hence the crusade against the Albigenses which Simon de Montfort commanded and Arnold conducted. Arnold’s first exploit was the sack of the undefended town of BÉziers, where he slaughtered twenty thousand men, women, and children, without distinction of religious belief. When asked whether the orthodox might not at least be spared, he replied, “Kill them all; God knows his own.”

This sack of BÉziers occurred in 1209. Exactly contemporaneously Saint Francis of Assisi was organizing his order whose purpose was to realize Christ’s kingdom upon earth, by the renunciation of worldly wealth and by the practice of poverty, humility, and obedience. Soon after, Arnold was created Archbishop of Narbonne and became probably the greatest and richest prelate in France, or in the world. This was in 1225. In 1226 the first friars settled in England. They multiplied rapidly because of their rigorous discipline. Soon there were to be found among them some of the most eminent men in England. Their chief house stood in London in a spot called Stinking Lane, near the Shambles in Newgate, and there, amidst poverty, hunger, cold, and filth, these men passed their lives in nursing horrible lepers, so loathsome that they were rejected by all but themselves, while Arnold lived in magnificence in his palace, upon the spoil of those whom he had immolated to his greed.

In the case of Moses the contrast between precept and practice in the race for wealth and fortune was not nearly so violent. Moses, it is true, according to Leviticus, declared it to be the will of the Lord that the Israelites should love their neighbors as themselves, [Footnote: Lev. XIX, 18.] while on the other hand in Deuteronomy he insisted that obedience was the chief end of life, and that if the Israelites were to thoroughly obey the Lord’s behests, they were to “consume all the people which the Lord thy God shall deliver thee; thine eye shall have no pity upon them: neither” should thou serve their gods, “for the Lord thy God is a jealous God.” [Footnote: Deut. VII, 16.] And the penalty for slackness was “lest the anger of the Lord thy God be kindled against thee, and destroy thee from off the face of the earth.” [Footnote: Deut. VI, 15.] There is, nevertheless, this much to be said in favor of the morality of Moses as contrasted with that of thirteenth-century orthodox Christians like Arnold; Moses led a crusade against a foreign and hostile people, while Arnold slaughtered the Albigenses, who were his own flock, sheep to whom he was the shepherd, communicants in his own church, and worshippers of the God whom he served. What concerns us, however, is that the same stimulant animated Moses and Arnold alike. The stimulant, pure and simple, of greed. On these points Moses was as outspokenly, one may say as brutally, frank as was Arnold. In the desert Moses commanded his followers to exterminate the inhabitants of the kingdom of Bashan in order that they might appropriate their possessions, which he enumerated, and Moses had no other argument to urge but the profitableness of it by which to secure obedience to his moral law.

Arnold stood on precisely the same platform. He did not accuse Count Raymond of heresy or any other crime, nor did Pope Innocent III consider Raymond as morally guilty of a criminal offence, or worthy of punishment. Indeed, the pope would have protected the Count had it been possible, and summoned him before the Fourth Lateran Council for that purpose. But Arnold told his audience that were Raymond allowed to escape there would be an end of the Catholic faith in France. Or, in other words, monastic property would be secularized. Perhaps he was right. At all events, this argument prevailed, and Raymond and his family and people were sacrificed.

Moses promised his congregation that, if they would spare nothing they should enjoy abundance of good things, without working for them. He was much more pitiless than such a man as King David thought it necessary to be, but Moses was not a soldier like David. He could not promise to win victories himself, he could but promise what he had in hand, and that was the spoil of those they massacred. Moses never had but one appeal to make for obedience, one incentive to offer to obey. In this he was perfectly honest and perfectly logical. His congregation and he, finding Egypt untenable, were engaged in a common land speculation to improve their condition; a speculation in which Moses believed, but which could only be brought to a successful end by obtaining control of the dominant energy of the world. This energy, he held, could be handled by no one but himself, and then only in case those who acted with him were absolutely obedient to his commands, which, taken together, were equivalent to a magical exorcism or spell. Then only could they hope that the Lord of Abraham and Isaac would give them “great and goodly cities, which thou buildedst not, And houses full of all good things, which thou filledst not, and wells digged, which thou diggedst not, vineyards and olive trees, which thou plantedst not.” [Footnote: Deut. VI, 10, 11.]

Very obviously, if the theory which Moses propounded were sound the assets which he offered as an inducement for docility could be obtained, at so cheap a rate, in no other way. All Moses’ moral teaching amounted, therefore, to this—“It pays to be obedient and good.” No argument could have been better adapted to Babylonish society, and it seems to have answered nearly as well with the Israelites, which proves that they stood on nearly the same intellectual plane. The chief difficulty with which Moses had to contend was that his countrymen did not thoroughly believe in him, nor in the efficacy of his motor. They always were tempted to try experiments with other motors which were operated by other prophets and by other peoples who were, apparently, as prosperous as they, or even more so. His trouble was not that his followers were nomads unprepared for a sedentary life or a moral law like his, or unable to appreciate the value of the property of a people further advanced in civilization than they were. The Amalekites would have responded to no such system of bribery as Moses offered the Israelites, who did respond with intelligence, if not always with enthusiasm.

The same is true of the Mosaic legislation which Dr. Budde curtly dismisses as impossible to have come from Moses, [Footnote: Religion of Israel to the Exile, 31.] as presupposing a knowledge of a settled agricultural life, which “Israel did not reach until after Moses’ death.”

All this is an assumption of fact unsupported by evidence; but quite the contrary, as we can see by an examination of the law in question. Whatever may have been the date of the establishment of the cities of refuge, I suppose that it will not be seriously denied that the law of the covenant as laid down in Exodus XX, 1, Numbers XXXV, 6, is at least as old as the age of Moses, in principle, if not in words; and this legal principle is quite inconsistent with, if not directly antagonistic to, all the prejudices and regulations, moral, religious, or civil, of a pure nomadic society, since it presupposes a social condition which, if adopted, would be fatal to a nomad society.

The true nomad knows no criminal law save the law of the blood feud, which is the law of revenge, and which prevailed among the Hebrews much earlier. In the early Saxon law it was expressed by the apothegm “Factum reputabitur pro volunte.” The act implies the intent. That is to say, the tribe is an enlarged family who, since they have no collective system of sovereignty which gives them common protection by an organized police, and courts with power to enforce process, have no option but to protect each other. Therefore, it is incumbent on each member of the tribe or family to avenge an injury to any other member, whether the injury be accidental or otherwise; and to be himself the judge of what amounts to an injury. Such a condition prevailed among the Hebrews at a very early period; “And God blessed Noah and his sons, and said unto them: ... at the hand of every man’s brother will I require the life of man. Whoso sheddeth man’s blood, by man shall his blood be shed.” [Footnote: Gen. IX, 1, 5, 6.] These customs and the type of thought which sustain them are very tenacious and change slowly. Moses could not have altered the nomadic customs of thought and of blood revenge, had he tried, more than could Canute. It would have been impossible. The advent of a civilized conception of the law is the work of centuries as the history of England proves.

We know not how long ago it was that the law of the blood feud was fully recognized in England, but it had already been shaken at the conquest, and its death-blow was given it by the Church, which had begun to tire of the responsibility entailed by the trial by ordeal or miracle, and the obloquy which it involved, at a relatively early date. For the purposes of the Church and the uses of confession it was more convenient to regard crime or tort, as did the Romans; as a mental condition, dependent altogether upon the state of the mind or “animus.” Malice in the eye of the Church was the virus which poisoned the otherwise innocent act, and made the thought alone punishable. Indeed, this conception is one which has not yet been completely established even in the modern law. The first signs of such a revolution in jurisprudence only began to appear in England some seven centuries ago. As Mr. Maitland has observed in his History of English Law, [Footnote: Vol. II, 476.] “We receive a shock of surprise when we meet with a maxim which has troubled our modern lawyers, namely, Reum nonfacit nisi mens rea, in the middle of the Leges Henrici.” That is to say somewhere about the year 1118 A.D. This maxim was taken bodily out of a sermon of Saint Augustine, which accounts for it, but at that time the Church had another process to suggest by which she asserted her authority. She threw the responsibility for detecting guilt, in cases of doubt, upon God. By the ordeal, if a homicide, for example, were committed, and the accused denied his guilt, he was summoned to appear, and then, after a solemn reference to God by the ecclesiastics in charge, he was caused either to carry a red-hot iron bar a certain distance or to plunge his arms in boiling water. If he were found, after a certain length of time, during which his arms were bandaged, to have been injured, he was held to have been guilty. If he had escaped unhurt he was innocent. Gradually, however, the ordeal began to fall into ridicule. William Rufus gibed at it, for of fifty men sent to the ordeal of iron, under the sacred charge of the clerks, all escaped, which certainly, as Mr. Maitland intimates, looks as if the officiating ecclesiastics had an interest in the result. [Footnote: History of English Law, II, 599, note 2.] At length, by the Lateran Council of 1215, the Church put an end to the institution, but long afterward it found its upholders. For example, the Mirror, written in the reign of Edward I (circa 1285) complained, “It is an abuse that proofs and compurgations be not by the miracle of God where other proof faileth.” Nor was the principle that “attempts” to commit indictable offences are crimes, established as law, until at least the time of the Star Chamber, before its abolition in the seventeenth century. Though doubtless it is the law to-day. [Footnote: Stephen, Digest of the Criminal Law, 192.] And this, although the means used may have been impossible. Moreover, the doctrine is still in process of enlargement.

Very convincing conclusions may be drawn from these facts. The subject is obscure and difficult, but if the inception of the process of breaking down the right of enforcing the blood feud be fixed provisionally toward the middle of the tenth century,—and this date is early enough,—the movement of thought cannot be said to have attained anything like ultimate results before at least the year 1321 when a case is cited wherein a man was held guilty because he had attempted to kill his master, and the “volunias in isto casu reputabitur pro facto.”

Measuring by this standard five hundred years is a short enough period to estimate the time necessary for a community to pass from the stage when the blood feud is recognized as unquestioned law, to the status involved in the administration of the cities of refuge, for in these cities not only the mental condition is provided for as a legitimate defence, but the defence of negligence is made admissible in a secular court.

“These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them; that every one that killeth any person unawares may flee thither....

“If he thrust him of hatred, or hurl at him by laying of wait that he die;

“Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.

“But if he thrust him suddenly without enmity, or have cast upon him anything without laying of wait,

“Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm:

“Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:

“And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled.”... [Footnote: Numbers XXXV, 15, 20-25.]

Here we have a defendant in a case of homicide setting up the defence that the killing happened through an accident, but an accident not caused by criminal negligence, and this defence is to be tried by the congregation, which is tantamount to trial by jury. It is not left to God, under the oversight of the Church; and this is precisely our own system at the present day. We now come to the inferences to be drawn from these facts. Supposing that the Israelites when they migrated to Egypt, in the time of Joseph, were in the condition of pure nomads among whom the blood feud was fully recognized as law, an interval of four or five hundred years, such as they are supposed to have passed in Goshen would bring them to the exodus. Now, assuming that the Israelites during those four centuries, when they lived among civilized neighbors and under civilized law, made an intellectual movement corresponding in velocity to the movement the English made after the conquest, they would have been, about the time when the cities of refuge were created, in the position described in Numbers, which is what we should expect assuming the Biblical tradition to be true.

To us the important question is not whether a certain piece of the supposed Mosaic legislation actually went into effect during the life of Moses, for that is relatively immaterial, but whether the Biblical narrative is, on the whole, worthy of credence, and this correlation of dates gives the strongest possible evidence in its favor. Very possibly, perhaps it may even be said certainly, the order in which events occurred may have been transposed, but, taken as a whole, it is impossible to resist the inference that the Bible story is excellent history and that, due allowance being made for the prejudice of the various scribes who wrote the Pentateuch in favor of the miraculous, where Moses was concerned, the Biblical record is good and trustworthy history, and frank at that;—much superior to quantities of modern documents which we accept without question.

Of all the achievements of Moses’ life none equals the exodus itself, either in brilliancy or success. How it was possible for Moses, with the assistance he had at command, to marshal and move a column of a million or a million and a half of men, women, and children, without discipline or cohesion, and encumbered with their baggage, beside their cattle, is an insoluble mystery. “And the children of Israel did according to the word of Moses; and they borrowed of the Egyptians jewels of silver, and jewels of gold, and raiment: ... And they spoiled the Egyptians. And the children of Israel journeyed from Ramses to Succoth, about six hundred thousand on foot that were men, beside children. And a mixed multitude went up also with them; and flocks and herds, even very much cattle.” They started from Ramses and Succoth.

The position of Ramses has been identified; that of Succoth is more questionable. Ramses and Pithom were fortified places, built by the Israelites for Ramses II, of the Nineteenth Dynasty, but apparently Succoth was the last halting-place before coming to the difficult ground which was overflowed by the sea.

The crossing was made at night, but it is hard to understand how, even under the most favorable conditions of weather, such a vast and confused multitude of women and children could have made the march in darkness with an active enemy pursuing, without loss of life or material. Indeed, even at that day the movement seemed to the actors so unparalleled that it always passed for a miracle, and its perfect success gave Moses more reputation with the Israelites and more practical influence over them than anything else he ever did, or indeed than all his other works together. “And Israel saw that great work which the Lord did upon the Egyptians: and the people feared the Lord and believed the Lord and his servant Moses.”

“And Miriam, the prophetess, the sister of Aaron; and all the women went after her with timbrels and with dances.” Now Miriam was in general none too loyal a follower of her younger brother, but that day, or rather night, she did proclaim Moses as a conqueror; which was a great concession from her, and meant much. And Moses exulted openly, as he had good cause to do, and gave vent to his exultation in a song which tradition has ever since attributed to him, and has asserted to have been sung by him and his congregation as they stood by the shore of the sea and watched the corpses of the Egyptians lying in the sand. And, if ever man had, Moses then had, cause for exultation, for he had seemingly proved by the test of war, which is the ultimate test to which a man can subject such a theory as his, that he had indeed discovered the motor which he sought, and, more important still, that he knew how to handle it. Therefore, he was master of supreme energy and held his right to command by the title of conquest. This was the culminating moment of his life; he never again reached such exaltation. From this moment his slow and gradual decline began.

And, indeed, great as had been the momentary success of Moses, his position was one of extreme difficulty, and probably he so understood it, otherwise there would be no way to account for his choosing the long, difficult, and perilous journey by Sinai, instead of approaching the “Promised Land” directly by way of Kadesh-Barnea, which was, in any event, to be his ultimate objective. It may well have been because Moses felt himself unable alone to cope with the difficulties confronting him that he decided at any cost to seek Jethro in Midian, who seems to have been the only able, honest, and experienced man within reach. Joshua, indeed, might be held to be an exception to this generalization, but Joshua, though a good soldier, was a man of somewhat narrow understanding, and quite unfit to grapple with questions involving jurisprudence and financial topography.

And at this juncture Moses must have felt his own deficiencies keenly. As a captain he made no pretence to efficiency. The Amalekites were, as he well knew, at this moment lying in wait for him, and forthwith he recognized that he had no alternative but to retire into the background himself and surrender the active command of the army to Joshua, a fatal concession had Joshua been ambitious or unscrupulous. And this was but the beginning. Before he could occupy Palestine he had to encounter and overcome numbers of equally formidable foes, a defeat by any one of whom might well be fatal. A man like Jethro, therefore, would be invaluable in guiding the caravan to spots favorable for action, from whence retreat to a place of safety would be open in case of a check. A reverse which happened on a later occasion gave Moses a shock he never forgot.

Furthermore, though Moses lived many years with Jethro, as his chief servant, he never seems to have travelled extensively in Arabia, and to have been ignorant of the chief trade routes along which wells were dug, and of the oases where pasture was to be found; so that Moses was nearly worthless as a guide, and this was a species of knowledge in which Jethro, according to Moses’ own statement, excelled. Meanwhile, the lives of all his followers depended on such knowledge. And Moses, when he reached Sinai, left no stone unturned to overcome Jethro’s reluctance to join him and to instruct him on the march north.

More important and pressing than all, Moses was ignorant of how, practically, to administer the law which he taught. His only idea was to do all in person, but this, with so large a following, was impossible. And here also his hope lay in Jethro. For when he got to Sinai, and Jethro remonstrated with him upon his methods, pointing out that they were impracticable, all Moses had to say in reply was that he sat all day to hear disputes and “I judge between one and another; and I do make them know the statutes of God, and his laws.” Further than this he had nothing to propose. It was Jethro who explained to him a constructive policy.

On the whole, upon this analysis, it appears that in all those executive departments in which Moses, by stress of the responsibilities which he had assumed, was called upon, imperatively, to act, there was but one, that of the magician or wise man, in which, by temperament and training, he was fitted to excel, and the functions of this profession drove him into to intolerably irksome and distressing position, yet a position from which throughout his life he found it impossible to escape. No one who attentively weighs the evidence can, I apprehend, escape the conviction that Moses was at bottom an honest man who would have conformed to the moral law he laid down in the name of the Lord had it been possible for him to do so. Among these precepts none ranked higher than a regard for truth and honesty. “Ye shall not steal, neither deal falsely, neither lie one to another.” [Footnote: Leviticus XIX, 11.] And this text is but one example of a general drift of thought.

Whether these particular words of Leviticus, or any similar phrases, were ever used by Moses is immaterial. No one can doubt that, in substance, they contained the gist of his moral doctrine and that he enforced the moral duty which they convey to the best of his power. And here the burden lay, which crushed this man, from which he never thenceforward could, even for an instant, free himself, and which Saint Paul avers to be the heaviest burden man can bear. Moses, to fulfil what he conceived to be his destiny and which at least certainly was his ambition, was condemned to lead a life of deceit and to utter no word during his long subsequent march which was not positively or inferentially a lie. And the bitterest of his trials must have been the agony of anxiety in which he must have lived lest some error in judgment on his part, some slackness in measuring the exact credulity of his audience, should cause his exposure and lead to his being cast out of the camp as an impostor and hunted to death as a false prophet: a fate which more than once nearly overtook him. Indeed, as he aged and his nerves lost their elasticity under the tension, he became obsessed with the fixed idea that God had renounced him and that some horror would overtake him should he attempt to cross the Jordan and enter the “Promised Land.” Defeated at Hormah, he dared not face another such check and, therefore, dawdled away his time in the wilderness until further dawdling became impossible. Then followed his mental collapse which is told in Deuteronomy, together with his suicide on Mount Nebo. And thus he died because he could not gratify at once his lust for power and his instinct to live an honest man.


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