Reflections and Comments 1865-1895 Part 5

In Europe there are already abundant signs that the scandal will be considered a symptomatic phenomenon--that is, a phenomenon ill.u.s.trative of the moral condition of American society generally; for it must not be overlooked that, putting aside altogether the question of Beecher's guilt or innocence, the "statements" furnish sociological revelations of a most singular and instructive kind.

The witnesses, in telling their story, although their minds are wholly occupied with the proof or disproof of certain propositions, describe ways of living, standards of right and wrong, traits of manners, codes of propriety, religious and social ideas, which, taken together, form social pictures of great interest and value.

Now, if these were really pictures of American society in general, as some European observers are disposed to conclude, we do not hesitate to say that the prospects of the Anglo-Saxon race on this continent would be somewhat gloomy. But we believe we only express the sentiment of all parts of the country when we say that the state of things in Brooklyn revealed by the charges and countercharges has filled the best part of the American people with nearly as much amazement as if an unknown tribe wors.h.i.+pping strange G.o.ds had been suddenly discovered on Brooklyn Heights. In fact, the actors in the scandal have the air of persons who are living, not _more majorum_, by rules with which they are familiar, but like half-civilized people who have got hold of a code which they do not understand, and the phrases of which they use without being able to adapt their conduct to it.

We have not s.p.a.ce at our command to ill.u.s.trate this as fully as we could wish, even if the patience of our readers would permit of it, but we can perhaps ill.u.s.trate sufficiently within a very short compa.s.s. We have already spoken of the Oriental extravagance of the language used in the scandal, which might pa.s.s in Persia or Central Arabia, where wild hyperbole is permitted by the genius of the language, and where people are accustomed to it in conversation, understand it perfectly, and make unconscious allowance for it.

Displayed here in the United States, in a mercantile community, and in a tongue characterized by directness and simplicity, it makes the actors almost entirely incomprehensible to people outside their own set, as is shown by the attempts made to explain and understand the letters in the case. Most of the critics, both the friendly and hostile, are compelled to treat them as written in a sort of dialect which has to be read with the aid of commentary, glosses, and parallels, and accompanied, like the study of Homer or the Reg-Veda, by a careful examination of the surroundings of the writers, the conditions of their birth and education, the usages of the circle in which they live, and the social and religious influences by which they have been moulded, and so on. Their almost entire want of any sense of necessary connection between facts and written statements has been strikingly revealed by Moulton's production of various drafts or outlines of cards, reports, and letters which the actors proposed from time to time to get up and publish for the purpose of settling their troubles and warding off exposure by imposing on the public. No savages could have acted with a more simple-minded unconsciousness of truth. Moulton, according to his own story, helped Beecher to publish a lying card; got Tilton to procure from his wife a lying letter; and Tilton concocted a lying report for the committee, in which he made them express the highest admiration for himself, his adulterous wife, and her paramour. Here we have a bit of the machinery of high civilization--a committee, with its investigation and report, used, or attempted to be used, with just the kind of savage directness with which a Bongo would use it, when once he came to understand it, and found he could make it serve some end, and with just as little reference to the moral aspect of the transaction.

Take, again, Tilton's account of the motives which governed him in his treatment of his wife and of Beecher. He is evidently aware that there are two codes regulating a man's conduct under such circ.u.mstances--one the Christian code and the other the conventional code of honor, or, as he calls it, "club-house morality"; but it soon became clear that he had no distinct conception of their difference. Having been brought up under the Christian code, and taught, doubtless, to regard the term "gentleman" as a name for a heartless epicurean, he started off by forgiving both Beecher and his wife, or, as the lawyers say, condoning their offence; and he speaks scornfully of the religious ignorance of the committee in a.s.suming in their report that there was any offence for which a Christian was not bound to accept an apology as a sufficient atonement. The club-house code would, however, have prescribed the infliction of vengeance on Beecher by exposing him. Accordingly, Tilton mixes the two codes up in the most absurd way. Having, as a Christian, forgiven Beecher, he began, thirty days after the discovery of the offence, to expose him as a "gentleman," and kept forgiving and exposing him continuously through the whole four years, the _eclat_ of such a relation to Beecher having evidently an irresistible temptation for him. Finally, when Dr. Bacon called him a "dog," he threw aside the Christian __role_ altogether and began a.s.sailing his enemy with truly heathen virulence and vigor. A more curious blending of two conceptions of duty is not often seen, and it was doubtless due to the fact that no system of training or culture had made any impression on the man or gone more than skin deep. His interview with Beecher, too, by appointment, at his own house, for the purpose of ascertaining by a comparison of dates and reference to his wife's diary the probable paternity of her youngest child, which he describes with the utmost simplicity, is, we venture to say, an incident absolutely without precedent, and one which may safely be p.r.o.nounced foreign to our civilization. Whether it really occurred, or Tilton invented it, it makes him a problem in social philosophy of considerable interest.

Moulton's story, too, furnishes several puzzles of the same kind.

That an English-speaking Protestant married couple in easy circ.u.mstances and of fair education, and belonging to a religious circle, should not only be aware that their pastor was a libertine and should be keeping it a secret for him, but should make his adulteries the subject of conversation with him in the family circle, is hardly capable of explanation by reference to any known and acknowledged tendency of our society. But perhaps the most striking thing in Moulton's _role_ is that while he appears on the scene as a gentleman or "man of the world," who does for honor's sake what the other actors do from fear of G.o.d, his whole course is a kind of caricature of what a gentleman under like circ.u.mstances would really do. For instance, he accepts Beecher's confidence, which may have been unavoidable, and betrays it by telling various people, from time to time, of the several incidents of Beecher's trouble, which is something of which a weak or loose-tongued person--vain of the task in which he was engaged, as it seemed to him, _i.e._, of keeping the peace between two great men--might readily be guilty. But he tells the public of it in perfect unconsciousness that there was anything discreditable in it, as he does of his partic.i.p.ation in the writing of lying letters and cards, and his pa.s.sing money over from the adulterer to pacify the injured husband. In fact, he carries, according to his own account, his services to Beecher to a point at which it is very difficult to distinguish them from those of a pander, maintaining at the same time relations of the most disgusting confidence with Mrs. Tilton.

Finally, too, when greatly perplexed as to his course, he goes publicly and with _eclat_ for advice to a lawyer, with whom no gentleman, in the proper sense of the term, could maintain intimate personal relation or safely consult on a question of honor. The moral insensibility shown in his visit to General Butler is one of the strange parts of the affairs.

We have, of course, only indicated in the briefest way some of the things which may be regarded as symptomatic of strange mental and moral conditions in the circle in which the affair has occurred. The explanation of them in any way that would generally be considered satisfactory would be a difficult task. The influences which bring about a certain state of manners at any given time or place are always numerous and generally obscure, but we think something of this sort may be safely offered in consideration of the late "goings on" in Brooklyn.

In the first place, the newspapers and other cheap periodicals, and the lyceum lectures and small colleges, have diffused through the community a kind of smattering of all sorts of knowledge, a taste for reading and for "art"--that is, a desire to see and own pictures-- which, taken together, pa.s.s with a large body of slenderly equipped persons as "culture," and give them an unprecedented self-confidence in dealing with all the problems of life, and raise them in their own minds to a plane on which they see nothing higher, greater, or better than themselves. Now, culture, in the only correct and safe sense of the term, is the result of a process of discipline, both mental and moral. It is not a thing that can be picked up, or that can be got by doing what one pleases. It cannot be acquired by desultory reading, for instance, or travelling in Europe. It comes of the protracted exercise of the faculties for given ends, under restraints of some kind, whether imposed by one's self or other people. In fact, it might not improperly be called the art of doing easily what you don't like to do. It is the breaking-in of the powers to the service of the will; and a man who has got it is not simply a person who knows a good deal, for he may know very little, but a man who has obtained an accurate estimate of his own capacity, and of that of his fellows and predecessors, who is aware of the nature and extent of his relations to the world about him, and who is at the same time capable of using his powers to the best advantage.

In short, the man of culture is the man who has formed his ideals through labor and self-denial. To be real, therefore, culture ought to affect a man's whole character and not merely store his memory with facts. Let us add, too, that it may be got in various ways, through home influences as well as through schools or colleges; through living in a highly organized society, making imperious demands on one's time and faculties, as well as through the restraints of a severe course of study. A good deal of it was obtained from the old Calvinistic theology, against which, in the days of its predominance, the most b.u.mptious youth hit his head at an early period of his career, and was reduced to thoughtfulness and self-examination, and forced to walk in ways that were not always to his liking.

If all this be true, the mischievous effects of the pseudo-culture of which we have spoken above may be readily estimated. A society of ignoramuses who know they are ignoramuses might lead a tolerably happy and useful existence, but a society of ignoramuses each of whom thinks he is a Solon would be an approach to Bedlam let loose, and something a.n.a.logous to this may really be seen to-day in some parts of this country. A large body of persons has arisen, under the influence of the common schools, magazines, newspapers, and the rapid acquisition of wealth, who are not only engaged in enjoying themselves after their fas.h.i.+on, but who firmly believe that they have reached, in the matter of social, mental, and moral culture, all that is attainable or desirable by anybody, and who, therefore, tackle all the problems of the day--men's, women's, and children's rights and duties, marriage, education, suffrage, life, death, and immortality--with supreme indifference to what anybody else thinks or has ever thought, and have their own trumpery prophets, prophetesses, heroes and heroines, poets, orators, scholars and philosophers, whom they wors.h.i.+p with a kind of barbaric fervor. The result is a kind of mental and moral chaos, in which many of the fundamental rules of living, which have been worked out painfully by thousands of years of bitter human experience, seem in imminent risk of disappearing totally.

Now, if we said that a specimen of this society had been unearthed in Brooklyn by the recent exposures, we should, doubtless to many people, seem to say a very hard thing, and yet this, with the allowances and reservations which have of course to be made for all attempts to describe anything so vague and fleeting as a social state, is what we do mean to say. That Mr. Beecher's preaching, falling on such a ma.s.s of disorder, should not have had a more purifying and organizing effect, is due, we think, to the absence from it of anything in the smallest degree disciplinary, either in the shape of systematic theology, with its tests and standards, or of a social code, with its pains and penalties. What he has most encouraged, if we may judge by some of the fruits, is vague aspiration and lachrymose sensibility. The ability to dare and do, the readiness to ask one's due which comes of readiness to render their due to others, the profound consciousness of the need of sound habits to brace and fortify morals, which are the only true foundation and support of a healthy civilization, are things which he either has not preached or which his preaching has only stifled.

"THE SHORT-HAIRS" AND "THE SWALLOW-TAILS"

There is a story afloat that Mr. John Morrissey made his appearance, one day during the past week, in Madison Square, in full evening dress, including white gloves and cravat, and bearing a French dictionary under his arm, and that, being questioned by his friends as to the object of this display, he replied that he was going to see Major Wickham and ask him for an office in the only costume in which such an application would have a chance of success. In other words, he was acting what over in Brooklyn would be called "an allegory," and which was intended to expose in a severe and telling way the Mayor's gross partiality, in the use of his patronage, for the well-dressed and well-educated members of society--a partiality which Mr. Morrissey and his party consider not only unfair but ridiculous. This demonstration, too, was one of the few indications which have as yet met the public eye of a very real division of the Democratic party in this city into two sets of politicians, known familiarly as "Short-Hairs" and "Swallow-Tails"--the former comprising the rank and file of the voters and the latter "the property-owners and substantial men," who are endeavoring to make Tammany an instrument of reform and to manage the city in the interest of the taxpayers. Mayor Wickham belongs, it is said, to the latter cla.s.s, and has given, it seems, in the eyes of the former, some proofs of a desire to reserve responsible offices for persons of some pretensions to gentility, and exhibited some disfavor for the selections of the "workers" in the various wards.

But we do not undertake to describe with accuracy the origin or nature of the split; all we know is that the Short-Hairs are disgusted, and that their hostility to the Swallow-Tails is very bitter, and that when Mr. Morrissey proclaimed, in the manner we have described, that a man needed to wear evening dress and to know French in order to get a place, he gave feeble expression to the rage of the ma.s.ses. They have, too, concocted an arrangement which embodies their idea of a well-administered government, and which consists in compelling the departments to spend in wages in each district at least $1.50 for each Democratic vote cast, and to apportion the appropriations with strict reference to this rule, the money, of course, to go to the nominees of Democratic politicians.

The plan departs from that of the French national workshops in that it discriminates between laborers, but in other respects it has all the characteristics of well-developed Communism. The way to meet it, according to our venerable contemporary, the _Evening Post_, is to have the taxpayers point out to the voters who are to receive the money that they (the taxpayers) cannot well spare it, that they need it for their own use, and that this mode of administering corporate funds is condemned by all the leading writers on government. The Swallow-Tails know so well, however, with what howls of mingled mirth and indignation the Short-Hairs would receive such suggestions that they never make them, but content themselves with confining the distribution of the money to the members of their own division quietly and unostentatiously, as far as lies in their power, which, we candidly confess, we do not think is very far.

It would be doing the Short-Hairs injustice, however, if we allowed the reader to remain under the impression that the unwillingness to have the Swallow-Tails monopolize or even have a share of the office was peculiar to them, or that John Morrissey's protest would be unintelligible anywhere out of New York. On the contrary, when he started out with his French dictionary he was giving expression to a feeling which is to be found in greater or less intensity in every State in the Union. The great division of politicians into Short-Hairs and Swallow-Tails is not confined to this city. It is found in every city in the country in which there is much diversity of condition among the inhabitants. Nor did Morrissey mean simply to protest against training as a qualification for the work of administration, as the _Tribune_ a.s.sumed in a sharp and incisive lecture which it read him the other day. We doubt if any pugilist in his secret heart despises training. He knows how much depends on it, and as he is not apt to possess much discriminating power, he is not likely to mark off any particular cla.s.s of work as not needing it.

What the Short-Hairs dislike in the Swallow-Tails is the feeling of personal superiority which they imagine them to entertain, and which they think finds a certain expression in careful dressing and in the possession of certain accomplishments. In fact, the Swallow-Tails whom the New York rough detests and would like to keep out of public life, belong to the cla.s.s known in Ma.s.sachusetts as the "White-cravat-and-daily-bath gentlemen," and which is there just as unpopular as here, and has even greater difficulty in getting office there than here.

The line of division in New York is, however, drawn much lower down.

The Ma.s.sachusetts Short-Hair is a man of intelligence, of some education, who wears a plain black neglige and rumpled s.h.i.+rt-front and soft hat, and disregards the condition of his nails, and takes a warm bath occasionally. The New Yorker, on the other hand, wears such clothes as he can get, and only bathes in the hot weather and off the public wharf. If he has good luck and makes money, either in the public service or otherwise, he displays it not in any richness in his toilet or in greater care of his person, but in the splendor of his jewels. One of his first purchases is a diamond-pin, which he sticks in his s.h.i.+rt-front, but he never sees any connection of an aesthetic kind between the linen and the pin, and will wear the latter in a very dirty s.h.i.+rt-front as cheerfully as in a clean one--in fact, more cheerfully, as he has a vague feeling that by showing it he atones for or excuses the condition of the linen. In fact, the Short-Hair view of dress would be found on examination to be, in nearly ninety-nine cases out of a hundred, something of this kind: that the constant care of the person which produces an impression of neatness and appropriateness, and makes a man look "genteel," is the expression of a certain state of mind; that a man would not take so much trouble to make himself look different from the ordinary run of people whom he meets, unless he thought himself in some way superior to them, or, in other words, thought himself a "gentleman" and them common fellows, and that he therefore fairly deserves the hatred of those of whom he thus openly parades his contempt.

A New York Short-Hair seldom goes farther than this in his speculations, though he doubtless has also a vague idea that a well-dressed man is not so likely to stand by his friends in politics as a more careless one. In New England, as might be expected, however, the popular dislike of that "culte de la personne," as some Frenchman has called it, which distinguishes "the white-cravat-and-daily-bath gentleman," has provided itself with a moral basis. There is there a strong presumption that the Swallow-Tail is a frivolous person, who bestows on his tailoring, and his linen, and his bathing, and his manners the time and attention which the Short-Hair or "plain blunt man" reserves for reflection on the graver concerns of life, and especially on the elevation of his fellow-men, and this presumption even a career of philanthropy and the composition of the "Principia"

would not in many minds suffice to overthrow. We believe it is authentic that General Grant never got over the impression produced on him by seeing that Mr. Motley parted his hair in the middle, and it is said--and if not true is not unlikely,--that Mr. R. H. Dana's practice of wearing kid gloves told heavily against him in his memorable contest with Butler in the Ess.e.x district. We may all remember, too, the gigantic efforts made by Mr. Sumner and others in Congress to have our representatives abroad prohibited from wearing court-dress. What dress they wore was of course, _per se_, a matter of no consequence, provided it was not immodest. The fervor on the subject was due to the deeply rooted feeling that even the amount of care for externals exhibited in putting on an embroidered coat or knee-breeches indicated a light-mindedness against the very appearance of which the minister of a republic ought to guard carefully. It is partly to produce the effect of seriousness of purpose, but mainly to avoid the appearance of airs of social or mental superiority, that nearly all skilful politicians dress with elaborate negligence. In most country districts no complaints can be made of men in office such as the New York Short-Hair makes against the Swallow-Tail. They fling on their easy-fitting black clothes in a way that leaves them their whole time for the study of public affairs and attention to the wants of their const.i.tuents, and at the same time recalls their humble beginnings.

What strikes one, however, as most curious in the controversy between the Short-Hairs and the Swallow-Tails is the ill.u.s.tration it affords of the rigidity with which every cla.s.s or grade in civilization treats its own social conventions, whatever they may be, as final, and as having some subtle but necessary connection with morals. When the Indian squats round the tribal pot in his breech-clout, and eats his dinner with his dirty paw, he is fully satisfied that he is as well equipped, both as regards dress and manners, not only as a man need be, but as a man ought to be. The toilet, the chamber, and the dinner-table of a plain New England farmer he treats as wasteful and ridiculous excess, and if good for anything, good only for plunder. The farmer, on the other hand, loathes the Indian and his ways, and thinks him a filthy beast, and that he (the farmer) has reached the limits of the proper as regards clothes and food and personal habits, and that the city man who puts greater elaboration into his life is a fribble, who is to be pitied, if not despised and distrusted. In short, we can hardly go one step into the controversy without coming on the old question, What are luxuries and what necessities? and, as usual, the majority decides it in the manner that best suits itself. It may be said without exaggeration that the progress of civilization has consisted largely in the raising of what is called "the standard of living," or, in other words, the multiplication of the things deemed necessary for personal comfort, and, as this raising of the standard has always been begun by the few, the many have always fought against it as a sign of selfishness or affectation until they themselves were able to adopt it.

The history of the bath furnishes a curious though tolerably familiar ill.u.s.tration of this. The practice of bathing disappeared from Western Europe with the fall of the Roman Empire. The barbarians were themselves dirty fellows, like the Indians, and their descendants remained dirty in spite of the growth of civilization among them, putting their money, like the Short-Hair, mainly into jewels and other ornaments. As long as linen was scarce and dear, changes were, of course, seldom made, and the odor of even "the best society" was so insupportable that perfumes had to be lavishly used to overcome it. The increased cheapness of linen and more recently of cotton, and the increased facilities for bathing, have in our own day made personal cleanliness a common virtue; but an occasional bath is still as much as is thought, through the greater part of the world, compatible with moral earnestness and high aims. Of late, indeed within the memory of the present generation, persons mainly belonging to the wealthier cla.s.s in England have boldly begun to bathe every day, and they have finally succeeded in establis.h.i.+ng the rule that a gentleman is bound to bathe, or "tub," as they call it, every day, and that the usage cannot be persistently neglected without loss of position. Indeed, there are few social casuists in England who would decide, without great hesitation and anxiety, that any English-speaking man was a gentleman who did not take a daily bath. That this view of the matter should be accepted by the great body of those who would rather not bathe every day is not to be expected, nor is it to be wondered at that they should consider it offensive, and that the practice of sponging one's self in cold water every morning should in caucuses be looked on as a disqualification for political life.

There is, of course, a necessary and provoking, though tacit, a.s.sumption of superiority in the display of greater cleanliness than other people show, just as there is in coming into a room and finding fault with the closeness of the air in which other people are sitting comfortably. It is tantamount to saying that what is good enough for them is not good enough for you, and they always either openly or secretly resent it.

The popular distrust of the practice of wearing white cravats in the evening may be traced to the same causes. The savage makes no change of toilet for the evening. He dresses for war and religious ceremonies, but he goes to a social reunion or feast in such clothes as he happens to have on when the invitation finds him. The plain man of civilized life, under similar circ.u.mstances, puts on a clean s.h.i.+rt and his best suit of clothes. This suit, among the European peasantry, is apt to be of simply the same cut and material as the working suit, or, as it would be called in Brooklyn, "the garb of toil." Among Americans, it is a black suit, like that of a clergyman, and includes a silk cravat, generally black, but permissibly colored. The whole matter is, however, one of pure convention. Now, it has been found of late years a matter of convenience, and of great convenience especially to hard-worked men and men of moderate means who are exposed to the constant social demands of the great cities of the world, to have a costume in which one can appear on any festive occasion, great or small, which all, gentle or simple, are alike expected to wear, which is neither rich nor gaudy, and in which every man may feel sure that he is properly dressed; and the dress fixed on for this purpose now throughout the civilized world is the plain suit of black, with the swallow-tailed coat, commonly called "evening dress."

Nothing can be simpler or less pretentious, or more democratic.

n.o.body can add anything to it or take anything away from it. Many attempts to modify it have been made during the last thirty years by leaders of fas.h.i.+on, and they have all failed, because it meets one of the great wants of human nature. It is only within the last fifteen years that it has obtained a firm foothold in American cities. People looked on it with suspicion, as a sign of some inward and spiritual naughtiness, and regarded the frock-coat with its full skirts as the only garment in which a serious-minded man, with a proper sense of his origin and destiny, and correct feelings about popular government, could make his appearance in a lady's parlor.

Why, n.o.body could tell, for there was a time, not very far back, when the frock-coat was itself an innovation. Of late--that is, within, perhaps, twenty years--the Swallow-Tails of the world have exchanged the black or colored for a white cravat, and justify themselves by saying that it not only looks cleaner, but is cleaner of necessity than a silk one, and that you cannot look too clean or fresh about your throat when you present yourself in a lady's house on a festive occasion. Nevertheless, the plain, blunt men are not satisfied. They do not as yet feel sure as to its meaning. They think it indicates either over-thoughtfulness about trifles or else a leaning, slight though it be, toward despotism and free-trade.

They will now all, or nearly all, wear evening dress with a black cravat, but even those of them who will consent to put on a white one do so with a certain shamefacedness and sense of backsliding, and of treachery to some good cause, though they do not exactly know which.

JUDGES AND WITNESSES

The proceedings in the recent Bravo poisoning case have raised a good deal of discussion in England as to the license of counsel in cross-examination--a question which recent trials in this country have shown to possess no little interest for us also. In the Bravo inquest, as in the Tichborne case and the Beecher trial of the last year, the cross-examination of the witnesses was pushed into matters very remotely connected with the issue under trial, so that the general result of the inquiry was not, as in most cases, the eliciting of a certain number of facts bearing on the question in court, but a complete revelation of the whole private life of a family, or of a certain part of it, and even of a whole circle of families. The glaring exposure of matters usually kept close, and not even talked about, formed in fact the great fascination of these _causes celebres_. It was difficult at the first blush to see how in the Beecher trial Tilton's eccentric nocturnal habits could have thrown any light upon the question of Beecher's guilt; nor in the Tichborne case was it at all apparent that an answer to the inquiry put to some witness--whether he had, at some distant period of time, had improper relations with some persons not connected with the case--could even remotely tend to settle the claimant's ident.i.ty.

The _Pall Mall Gazette_, discussing this kind of cross-examination resorted to for the purpose of breaking down the credit of a witness--of "showing him up" to the jury, and thus inducing them to pay less attention to his evidence than they otherwise would--has stated the case in the following manner: "Suppose, it says, that the legislature of a free country were some fine morning to pa.s.s a law authorizing anyone who chose to take it into his head to compel any inhabitant of the country to answer any questions he might think fit to put with regards to the other's moral character, his relations with his parents, brothers and sisters, wife and children, his business affairs, his property, his debts, and in fact his whole private life, and to do all this without there being any dispute between them or even any alleged grievance, what would be thought of such a law? Would it be endured for an instant?" Now, this, the _Pall Mall Gazette_ continues, is to-day the law of England. It is just to this odious tyranny which anyone, by bringing a suit, can, under the vague and almost unlimited power to punish for "contempt of court," force submission.

The law on this subject is, generally speaking, the same in the United States as in England, and this tyranny, if it really exists, weighs upon us as heavily as it does upon Englishmen. The first question that suggests itself is whether this is really a fair statement of law, and, of course, the _Pall Mall Gazette_ admits that there exist limitations of the right of cross-examination, but it contends that these are so undefined as to amount to little or nothing in the way of protection. The authorities contain little on the subject, except that cross-examination as to credit is allowed to go very far, and that judges may in their discretion stop it when it goes too far. But judicial discretion is proverbially an uncertain thing. It varies not merely with the court, but even in the same judge it is affected by the state of his temper, his curiosity, his feeling toward the counsel who is examining, and by thousands of other things that no one can know anything about or depend upon. Usually it is easier not to exercise than to exercise discretion, and the result is that the right of cross-examination is usually unchecked, and in most important cases which are widely reported the right is pushed to lengths which, with witnesses of any sensibility, amount to a process of slow torture. If the right is abused in England, it is unquestionably abused here, and probably at the time of the Beecher trial we should have had complaints about it but for the fact that in the singular society in which the parties to that case lives, a craving for notoriety had been developed which made any discussion of their private affairs less disagreeable than it is to most people. But with the great majority of mankind there is nothing more odious than the extraction, by a sharp, hostile lawyer, from their own unwilling lips, of the details of their moral history. There is probably no one in existence, however good, and however quiet his conscience may be, who can endure without a shudder the thought of every transaction of his past life being dragged out in a court of justice for the amus.e.m.e.nt of a gaping crowd. Exactly how far the right is abused, and how far the discretionary powers of courts to limit its abuse accomplish their end, it is impossible to say, for it is only in sporadic cases of unusual importance that interest in the result is strong enough to warrant a lawyer's going to great length in cross-examination.

Usually, too, it should be said for the credit of the profession, reputable lawyers shrink from outraging a witness's sensibility. But after everything is admitted that can be admitted in favor of the existing state of the law, it is impossible to deny that the door is left very wide open to disgraceful a.s.saults upon credit which inflict serious and irreparable damage.

The difficulty is not in pointing out the evil, which is plain enough, but in suggesting a remedy. The right of cross-examination is one of the most important instruments provided by the machinery of our law for the discovery of facts, and on the credibility of witnesses all cases hinge. The moment we begin to limit it by fixed rules we enter on dangerous ground. It might seem as if the solution of the problem lay in the enactment of a rule that witnesses should only be cross-examined as to their general reputation with regard to truth, and as to the matters involved in the case directly affecting their credibility; but this would by no means do. Suppose, for instance, that the suit is a common action for the purchase-money of a piece of cloth, and the defendant brings a witness who swears that he saw the defendant pay the money to the plaintiff, while the plaintiff has only his own evidence to rely upon in proof of non-payment; if, in such case, the plaintiff were merely allowed to cross-examine the witness directly, he would in all probability lose the case. The testimony would be two to one against him, and the story of the witness as the only disinterested person would probably be believed by the jury. But suppose that, on cross-examination, it turns out that this witness can give no good account of his manner of earning his living or of his place of residence; that he had been arrested not long before as a vagrant, and that down to the time of the action he had no respectable clothes, and that he suddenly became possessed of some; that he deserted from the army immediately after getting his bounty-money, and so on, there can be little doubt that his credit with the jury would be much impaired, and justly so, although no direct evidence of his being a perjurer had been introduced, and not a particle of his testimony had been strictly controverted. Everyone who has followed with any care the evidence taken in celebrated murder trials or divorce cases knows how frequently a rigid cross-examination lays bare motives and prejudices on the part of witnesses which, often without their knowing it themselves, tend to bias their account of facts.

The problem, therefore, is to devise some means by which these benefits of a searching cross-examination may be retained and yet the abuse got rid of. The only feasible way of meeting the difficulty yet proposed is that of drawing up a series of rules or general directions as to evidence which shall not attempt to prescribe formal limits for cross-examination, but shall lay down in explicit words the general principles which should govern a judge in such cases. These rules would practically be a definition of the "discretion" he is now supposed to exercise. They would, for example, direct him not to allow an examination into matters so remote in time from the case in hand that they can have no bearing on the credibility of the witness; not to allow questions to be put which are plainly malicious and asked for the purpose of irritating the witness; and not to allow any examination into transactions which, though they may have a bearing on the character of a witness, have none on his credibility, _e.g._, an inquiry, in a murder case, of a witness in good standing, as to domestic difficulties with a deceased wife. It is not easy to lay down beforehand any rules by which we can discriminate the kind of evidence as to transactions involving moral character which ought not to affect credibility, but every one can easily imagine instances of such evidence. General directions of the kind we have just suggested are no more than a formal enunciation of the manner in which the "discretion" of a good judge would be and is exercised. They do not change the law, but they remind judges of what they may forget, and they may be appealed to by a persecuted witness with far more certainty than judicial "discretion." In the Indian Code, which is probably the best body of law that the legal reform movement begun by Bentham in the last century has yet produced, rules of this kind have been laid down, and we believe have been found to work with success.

"THE DEBTOR CLa.s.s"

A Was.h.i.+ngton correspondent, describing, the other day, the motives which animated the majority in Congress in its performances on the currency question, said, and we believe truly, that most of the inflationists in that body knew very well what the evils of paper-money were, so that argument on that point was wasted on them.

But they knew also that large issues of irredeemable paper would make it easier for debtors to pay off their creditors, and came to the conclusion that as the number of debtors in the country was greater than the number of creditors, it was wise policy for a politician to curry favor with the former by helping them to cheat the persons who had lent them money or sold them goods. This explanation of the conduct of the majority may be a startling and sad one, but that it is highly probable n.o.body can deny. All the debates help to confirm it. In every speech, made either in opposition to resumption or in favor of inflation, a portion of the community known as "the debtor cla.s.s" has appeared as the object of the orator's tenderest solicitude. The great reason for not returning to specie payments. .h.i.therto has been the fear that contraction would press hard on "the debtor cla.s.s;" it is for "the debtor cla.s.s" we need more paper "_per capita_;" and indeed, no matter what proposal we make in the direction of financial reform, we are met by pictures of the frightful effects which will be produced by it on the "debtor cla.s.s." Moreover, in listening to its champions, a foreigner might conclude that in America debtors either all live together in a particular part of the country, or worse, a particular costume, like mediaeval Jews, and are divided from the rest of the community by tastes and habits, so that it would be proper for an American to put "debtor" or "creditor" on his card as a description of his social status. He might, too, not unnaturally begin to mourn over the negligence of the framers of the Const.i.tution in not recognizing this marked distribution of American society. Truly, he would say, the debtors ought to have representatives in the Senate and House to look after their special interests; these unfortunate and helpless men ought not to be left to the charitable care of volunteers like Messrs. Morton, and Logan, and Kelly. The great sham and pretence with which America has so long tried to impose on Europe, that there were no cla.s.ses in the United States, ought at last to be formally swept away, and proper legal provision made for the protection of a body of men which has been in all ages the object of atrocious oppression, and seems in America, strange to say, to const.i.tute the larger portion of the community. In travelling through the country, too, he would be constantly on the lookout for the debtors. He would ask in the cities for the "debtors' quarter," and when introduced to a gentleman in the cars or in the hotels, would inquire privately whether he was a debtor or a creditor, so as to avoid hurting his feelings by indiscreet allusion to specie or contraction. His amazement would be very great on learning that there was no way of telling whether an American citizen was either debtor or creditor; that the "debtor cla.s.s" was not to be found, as such, in any part of the country, or, indeed, anywhere but in the brains of the Logans and Mortons, and was introduced into the debates simply as a John Doe or Richard Roe, to give a little vividness to the speaker's railings against property.

Now, as in every civilized society, the vast majority of the population of this country are in debt, to some slight degree. It is only paupers, criminals, and lunatics who owe absolutely nothing.

The day-laborer is pretty sure to have a small bill at the grocer's, and all his neighbors, in the ascending grades of commercial respectability, no matter how prompt and accurate they may be in the discharge of their obligations, are sure to owe the butcher and baker and milkman a greater or less amount. In fact the conduct of life on a cash basis would be impossible or intolerable. Of course, too, there are scattered all over the country men who owe a great deal of money and to whom little is due, and whose interest it would be to have the coinage adulterated. But then the number of these persons is very small, and they are mostly great speculators, who pa.s.s for rich men, and whose interests Congress is in reality not in the least desirous of protecting. Poor men, as a rule, are hardly ever greatly in debt, because n.o.body will trust them. We suspect that the number of those in this city who could borrow fifty dollars without security would not be found to be over one-twentieth of the population. The persons to whom loans are made by banks, insurance companies, and other inst.i.tutions are almost all men of wealth or men who have the conduct of great enterprises, and do not need legislation to help them to take care of themselves. They are great merchants, or manufacturers, or brokers, or contractors, or railroad-builders. In fact, in so far as the debtors can be called a cla.s.s, they form a very small cla.s.s, and a cla.s.s of remarkable shrewdness and of enormous power, over whom it is ludicrous for the Government to exercise a fatherly care.

The bulk of the population in this, as in every moderately prosperous community in the western world is composed of creditors.

The creditor cla.s.s, in other words, contains the great body of the American people, and any legislation intended to enable debtors to cheat is aimed at nineteen-twentieths, at the very least, of American citizens. Any mail who remains very long in the position of a debtor simply, and acquires no footing as a creditor, disappears from the surface of society. Bankruptcy or the house of correction is pretty sure to overtake him. It would be well-nigh impossible in this large city or in any other to find a man who had no pecuniary claims on someone else. The humblest hod-carrier becomes a creditor every day after making his first ascent of the ladder, and remains so until Sat.u.r.day night, and continually replaces himself in "the creditor cla.s.s," as long as life and health remain to him; and the same phenomenon presents itself in all fields of industry. Every sewing-girl and maid-servant is looking forward to a payment of earned money, and has the strongest interest in knowing for certain what its purchasing power will be.

All depositors in savings-banks, and their number in New York City is greater than that of the voters, belong to the creditor cla.s.s; all holders of policies of insurances, all owners of government bonds and State and bank stocks, belong to it also. The Western farmers and house-owners who have borrowed money at the East on bond and mortgage, who probably make as near an approach to a debtor cla.s.s as any other body or persons in the community, and whom Congressional demagogues probably hoped to serve by enabling them to outwit their creditors, even these are not simply or mainly debtors.

Any man who is carrying on his business with borrowed money, on which he pays eight or ten per cent., must be every week putting other people in debt to him or he would speedily be ruined. The means of paying those who have trusted him is acquired by his trusting others. Either he is selling goods on credit, or entering into contracts, or rendering services which give him the position of a creditor, and make it of the last importance to him that the value of money and the state of the public mind about money should not be materially different six months hence from what they are now.

Of course there is more than one way of defining the term "self-interest." There is one sense in which it is used by children, savages, and thieves, and which makes it mean immediate gratification, and this appears to be the sense in which it is used by the inflationists in Congress, in considering what is for the good of those Western men who owe money at the East. In that sense, it is a good thing for a man to lie, cheat, steal, and embezzle whenever it shall appear that by so doing he will satisfy his appet.i.tes or put money in his pockets. But civilized and commercial, to say nothing of Christian, society is founded on the theory that men look forward and expect to carry on business for several years, and to lay up money for their old age, and establish their children in life, and that they recognize the necessity of self-restraint and loyalty to engagements. The doctrines, on the other hand, which are preached in Congress about the best mode of dealing with debts--that is, with other people's money--have never before been heard in a civilized legislature, or anywhere outside of a council of buccaneers, and, if acted on by the community, would produce anarchy. The fact that Morton and Butler, who preach them and get them embodied in forms of words called "acts," are legislators, disguises, but ought not to disguise, the other fact, that these two men are simply playing the part of receivers or "fences." There probably never was a more striking ill.u.s.tration of the immorality in which, as it was long ago remarked, any principle of government is sure to land people if pushed to its last extreme, than the theory which is now urged on our attention--that superiority of numbers will justify fraud; or, in other words, that if the number of those who borrow should happen to be greater than the number of those who lend, "a vote" is all that is needed to wipe out the debts, either openly or by payment in bits of paper or pebbles. Of course, the converse of this would also be true--that if the lenders were in a majority, they would be justified in reducing the debtors to slavery. If the question of humanity or brotherhood were raised as an objection, that, too, could be settled by a ballot. We laugh at the poor African who consults his wooden fetish before he takes any step in the business of his wretched and darkened life; but when a Caucasian demagogue tries to show us that the springs of justice and truth are to be found in a comparison of ten thousand bits of paper with nine thousand similar bits, we listen with gravity, and are half inclined to believe that there is something in it.

COMMENCEMENT ADMONITION

It is quite evident that with, the multiplication of colleges, which is very rapid, it will, before long, become impossible for the newspapers to furnish the reports of the proceedings in and about commencement which they now lay before their readers with such profuseness. The long letters describing with wearisome minuteness what has been described already fifty times will undoubtedly before long be given up. So also, we fancy, will the reports of the "baccalaureate sermons," if these addresses are to retain their value as pieces of parting advice to young men. There is nothing in the newspaper literature, on the whole, less edifying, and sometimes more amusing, than the reporter's _precis_ of pulpit discourses, so thoroughly does he deprive them of force find vigor and point, and often of intelligibility. The ordinary sermon addressed on Sunday to the ordinary congregation deals with a great variety of topics, and from many different points of view, and with more or less diversity of method. The baccalaureate sermon, on the other hand, consists, from the necessity of the case, in the main of advice to youths at their entrance on life, and the substance of such discourses can, in the nature of things, undergo no great change from year to year, and must be strikingly similar in all the colleges. Any freshness they may have they must owe to the rhetorical powers of particular preachers, and even these cannot greatly vary in dealing with so familiar a theme. What the old man has to say to the young man, the teacher to the pupil, the father to the son, at the moment when the gates of the great world are flung open to the college graduate, has undergone but little modification in a thousand years, and has become very well known to all collegians long before they take their degree. To make the parting words of warning and encouragement tell on ears that are now eager for other and louder sounds, everything that can be done needs to be done to preserve their freshness and their pathos, and certainly nothing could do as much to deprive them of both one and the other as has.h.i.+ng them up annually in a slovenly report as part of the news of the day.

It is not, however, the advice contained in baccalaureate sermons, but all advice to young men, that needs in our time to be dealt out with greater circ.u.mspection and economy. Authority has within the last hundred or even fifty years undergone a serious loss of power, and this loss of power has shown itself nowhere more markedly than in the work of education. It has indeed almost completely changed the relation of parents and children, and teachers and scholars, so that it is now almost as necessary to prove the reasonableness and utility of any course of action which is required of boys as of mature men. Persuasion has, in other words, taken the place of command, and there is n.o.body left whose dictum owes much of its weight to his years or his office. Boys as well as their elders now expect advice to be based on personal experience, and do not listen with any great seriousness or deference to admonitions the value of which the utterer has not himself personally tested.

It follows, therefore, that the persons whom the young men of our time hear most readily on the conduct of life are those who have had practical acquaintance with the difficulties of living up to the ideals which are so eloquently painted in the college chapel, and who have found out in their own persons what it costs to be pure and upright, and faithful and industrious, and persistent in the struggle that goes on in the various callings which lie outside the college walls. For this reason, probably, no addresses at commencement have the value of those which are delivered now and then by men who have come back for a brief day to tell the next generation of the way life looks to those who for years have been wrestling with its problems, and have had actual experience of the virtues and defects of that early equipment and training on which such enormous sums are now spent in this country. The more advice from this quarter young men get the better. n.o.body can talk so effectively to them at the moment when they are about to face the world on their own responsibility as the lawyers and merchants and ministers and politicians who have been facing it for twenty-five or thirty years with all the outward signs of success. If it were possible for every college in the country to get one such man at commencement whose powers of expression would do justice to his experience, and who for this one day in the year would without fear or favor tell what he thought about success and about the conditions of success--about the kind of troubles which beset men in the callings with which he is most familiar--we should probably soon have a body of advice so impressive and fruitful that it would serve the needs and excite the interest of more than one generation. The young have been told to be good until they have grown weary of hearing it, particularly as it is always represented to them as a comparatively simple matter, and when they go out in the world and find what a hard and complex thing duty is they are very apt to look back to the ethical instruction of their college as when in college they looked back to the admonitions of the nursery, and return to their alma mater in later years with much the feeling with which a man visits a kindly old grandmother.