THE NECESSITY OF IMPERATIVE LAW TO THE PROSPERITY OF STATES.

March 20, 1867.

63. I have your most interesting letter,[IV] which I keep for reference, when I come to the consideration of its subject in its proper place, under the head of the abuse of Food. I do not wonder that your life should be rendered unhappy by the scenes of drunkenness which you are so often compelled to witness; nor that this so gigantic and infectious evil should seem to you the root of the greater part of the misery of our lower orders. I do not wonder that George Cruikshank has warped the entire current of his thoughts and life, at once to my admiration and my sorrow, from their natural field of work, that he might spend them, in struggle with this fiend, for the poor lowest people whom he knows so well. I wholly sympathize with you in indignation at the methods of temptation employed, and at the use of the fortunes made by the vendors of death; and whatever immediately applicable legal means there might be of restricting the causes of drunkenness, I should without hesitation desire to bring into operation. But all such appliance I consider temporary and provisionary; nor, while there is record of the miracle at Cana (not to speak of the sacrament) can I conceive it possible, without (logically) the denial of the entire truth of the New Testament, to reprobate the use of wine as a stimulus to the powers of life. Supposing we did deny the words and deeds of the Founder of Christianity, the authority of the wisest heathens, especially that of Plato in the 'Laws,' is wholly against abstinence from wine; and much as I can believe, and as I have been endeavoring to make you believe also, of the subtlety of the Devil, I do not suppose the vine to have been one of his inventions. Of this, however, more in another place. By the way, was it not curious that in the 'Manchester Examiner,' in which that letter of mine on the abuse of dancing appeared, there chanced to be, in the next column, a paragraph giving an account of a girl stabbing her betrayer in a ball-room; and another paragraph describing a Parisian character, which gives exactly the extreme type I wanted, for example of the abuse of Food?[V]

64. I return, however, now to the examination of possible means for the enforcement of justice, in temper and in act, as the first of political requirements. And as, in stating my conviction of the necessity of certain stringent laws on this matter, I shall be in direct opposition to Mr. Stuart Mill; and, more or less, in opposition to other professors of modern political economy, as well as to many honest and active promoters of the privileges of working men (as if privilege only were wanted and never restraint!), I will give you, as briefly as I can, the grounds on which I am prepared to justify such opposition.

65. When the crew of a wrecked ship escape in an open boat, and the boat is crowded, the provisions scanty, and the prospect of making land distant, laws are instantly established and enforced which no one thinks of disobeying. An entire equality of claim to the provisions is acknowledged without dispute; and an equal liability to necessary labor. No man who can row is allowed to refuse his oar; no man, however much money he may have saved in his pocket, is allowed so much as half a biscuit beyond his proper ration. Any riotous person who endangered the safety of the rest would be bound, and laid in the bottom of the boat, without the smallest compunction, for such violation of the principles of individual liberty; and, on the other hand, any child, or woman, or aged person, who was helpless, and exposed to great danger and suffering by their weakness, would receive more than ordinary care and indulgence, not unaccompanied with unanimous self-sacrifice on the part of the laboring crew.

There is never any question under circumstances like these, of what is right and wrong, worthy and unworthy, wise or foolish. If there be any question, there is little hope for boat or crew. The right man is put at the helm; every available hand is set to the oars; the sick are tended, and the vicious restrained, at once, and decisively; or if not, the end is near.

66. Now, the circumstances of every associated group of human society, contending bravely for national honors and felicity of life, differ only from those thus supposed, in the greater, instead of less, necessity for the establishment of restraining law. There is no point of difference in the difficulties to be met, nor in the rights reciprocally to be exercised. Vice and indolence are not less, but more, injurious in a nation than in a boat's company; the modes in which they affect the interests of worthy persons being far more complex, and more easily concealed. The right of restraint, vested in those who labor, over those who would impede their labor, is as absolute in the large as in the small society; the equal claim to share in whatever is necessary to the common life (or commonwealth) is as indefeasible; the claim of the sick and helpless to be cared for by the strong with earnest self-sacrifice, is as pitiful and as imperative; the necessity that the governing authority should be in the hands of a true and trained pilot is as clear and as constant. In none of these conditions is there any difference between a nation and a boat's company. The only difference is in this, that the impossibility of discerning the effects of individual error and crime, or of counteracting them by individual effort, in the affairs of a great nation renders it tenfold more necessary than in a small society that direction by law should be sternly established. Assume that your boat's crew is disorderly and licentious, and will, by agreement, submit to no order;—the most troublesome of them will yet be easily discerned; and the chance is that the best man among them knocks him down. Common instinct of self-preservation will make the rioters put a good sailor at the helm, and impulsive pity and occasional help will be, by heart and hand, here and there given to visible distress. Not so in the ship of the realm. The most troublesome persons in it are usually the least recognized for such, and the most active in its management; the best men mind their own business patiently, and are never thought of; the good helmsman never touches the tiller but in the last extremity; and the worst forms of misery are hidden, not only from every eye, but from every thought. On the deck, the aspect is of Cleopatra's galley—under hatches there is a slave hospital; while, finally (and this is the most fatal difference of all), even the few persons who care to interfere energetically, with purpose of doing good, can, in a large society, discern so little of the real state of evil to be dealt with, and judge so little of the best means of dealing with it, that half of their best efforts will be misdirected, and some may even do more harm than good. Whereas it is the sorrowful law of this universe, that evil, even unconscious and unintended, never fails of its effect; and in a state where the evil and the good, under conditions of individual "liberty," are allowed to contend together, not only every stroke on the Devil's side tells—but every slip, (the mistakes of wicked men being as mischievous as their successes); while on the side of right, there will be much direct and fatal defeat, and, even of its measure of victory, half will be fruitless.

67. It is true, of course, that, in the end of ends, nothing but the right conquers; the prevalent thorns of wrong, at last, crackle away in indiscriminate flame: and of the good seed sown, one grain in a thousand some day comes up—and somebody lives by it; but most of our great teachers, not excepting Carlyle and Emerson themselves, are a little too encouraging in their proclamation of this comfort, not, to my mind, very sufficient, when for the present our fields are full of nothing but darnel instead of wheat, and cockle instead of barley; and none of them seem to me yet to have enough insisted on the inevitable power and infectiousness of all evil, and the easy and utter extinguishableness of good. Medicine often fails of its effect—but poison never: and while, in summing the observation of past life, not unwatchfully spent, I can truly say that I have a thousand times seen patience disappointed of her hope, and wisdom of her aim, I have never yet seen folly fruitless of mischief, nor vice conclude but in calamity.

68. There is, however, one important condition in national economy, in which the analogy of that of a ship's company is incomplete: namely, that while labor at oar or sail is necessarily united, and can attain no independent good, or personal profit, the labor properly undertaken by the several members of a political community is necessarily, and justly, within certain limits, independent; and obtains for them independent advantage, of which, if you will glance at the last paragraph of the first chapter of 'Munera Pulveris,' you will see I should be the last person to propose depriving them. This great difference in final condition involves necessarily much complexity in the system and application of general laws; but it in no wise abrogates,—on the contrary, it renders yet more imperative,—the necessity for the firm ordinance of such laws, which, marking the due limits of independent agency, may enable it to exist in full energy, not only without becoming injurious, but so as more variously and perfectly to promote the entire interests of the commonwealth.

I will address myself therefore in my next letter to the statement of some of these necessary laws.