"For always in thine eyes, O Liberty!
Shines that high light whereby the world is saved;
And though thou slay us, we will trust in thee."
JOHN HAY.
"A free man is one who enjoys the use of his reason, and his faculties; who is neither blinded by passion, nor hindered or driven by oppression, nor deceived by erroneous opinions." -PROUDHON.

7/19/17

The Guiteau Experts.

The government experts, in Guiteau’s case, seem to be having things very much their own way; and will probably succeed in getting him hanged, provided they succeed in getting the jury to accept their opinions as to his sanity, or insanity. But will they do this? Are we to hang a man simply because a certain number of superintendents of lunatic asylums believe him sane? Are we to hang a man, upon mere opinions, the truth or reason of which cannot be judged of by common men? Do the lives of men, in this country, legally depend upon the mere judgments of any twenty, fifty, or a hundred men, who claim to know more than other men, as to what diseases, delusions, or impulses that strange thing, the human mind, is liable to, but who cannot so communicate the grounds of their opinions, as to enable other men to judge of their truth or error?

These men never saw, handled, or examined human mind. They can only observe its manifestations through the body; and can only guess, like other people, at the causes of its mysterious and erratic operations. Are men to be hanged on the strength of their guesses?

There are, we suppose, in this country, three, or perhaps five, hundred men, physicians, so called, who make a specialty of treating diseases of the human body, where there is but one who makes a specialty of treating diseases of the human mind. But although diseases of the human body are so much more extensively studied, and treated, and so much easier to be ascertained and judged of, than are diseases of the mind, we have very little confidence in the knowledge of these many physicians, as to the nature or causes of our bodily diseases. These physicians differ so much among themselves, as to the nature and causes of these diseases of the body, that we would not think of hanging a man on the judgments of any number of them, where the grounds of their judgments were so obscure that they could not be communicated to, or comprehended by, the minds of unprofessional men. In other words, we will not hang men, in this country, on any grounds whatever, that cannot be shown, to the common mind, the unprofessional mind, to be true and sound, beyond a reasonable doubt. We will not hang a man upon the mere secret, incomprehensible, or incommunicable reasonings of any number, or body of men whatever. Yet this is just what the government is attempting to do in Guiteau’s case. And it is attemting to do it on the mere opinions, or guesses of a few men only; these few having confessedly very little knowledge, except what is common to mankind in general, of the causes, or the phenomena of mental diseases.

But this is not all. So far as these experts succeed in communicating the grounds of their opinions, these grounds appear not merely fallacious, but preposterous. For example. They have each spent a months’ time, more or less, in the court room, and in the jail, examining Guiteau, to get the data, the facts, the symptoms, by which to judge whether he is, or is not, insane now. They thus impliedly confess that the question is, at least, an obscure and difficult one to themselves. And when they attempt to communicate their reasons to others, they utterly fail to show any valid ones for their conclusions; that is, any reasons that are intelligible and conclusive to common minds. Common minds know almost absolutely nothing as to the validity,or invalidity, of the reasons which these experts give for holding that he is sane now, or that he has been sane at any time since he bas been under their own eyes. If, then, Guiteau is to be hanged, on the testimony of these experts, he is to be hanged on faith, and not on reason; on faith in the simple opinions or conjectures of these experts, and not on reasons brought home to the comprehension and the understandings of the jurors themselves.

But even this is not all. These experts not only give their opinions that Guiteau is sane now, but also that he was sane on the second of July; five or six months ago.

Even if he is sane now, what do they know, or what are their opinions worth, as to whether he was, or was not, sane six months ago?

They apparently have no reason for thinking that he was sane in July, except that they think he is sane in January.

Would it not be just as sensible for them to say that, because he has no fever, or delirium tremens, on him to-day, therefore he could have had none on him six months ago?

This kind of reasoning implies that they hold that if a man was insane in July, he would undoubtedly have continued to be insane until January; or, what is substantially the same thing, that if a man is once insane, he will always remain so.

Now, this, we think, is very likely to be the rule in the asylums under their own control; that they seldom or never cure any body that comes under their care. And we ought to be thankful for this information; for it enables us to know where not to send our insane friends if we wish to have them cured.

On this theory of theirs, that once insane, always insane, the cases, in which they report the patients as “discharged cured,” must be presumed to be cases, in which the victims never were insane; but were simply sent to them on “the certificate of two physicians,” who knew just so much about insanity as it was necessary for them to know, or as they cared to know, in order to earn two or three dollars for certifying their opinions.

If these experts have really any reliable knowledge — beyond that of other men — as to the operations of minds diseased, or not diseased, why do they not give us some reasonable explanation of the conduct of Guiteau, in killing a man in open day, and before a multitude of people, and making no attempt to escape; and all this, when he had no personal malice towards his victim, and no rational prospect of gaining any thing by his death? Are such acts as this common to human experience? So common as to imply no disorder in the mind of the actor? Do all the experiences of all the Bedlams on earth explain such a phenomenon as this, consistently with the sanity of the agent?

When these experts are confronted with this question, they are confounded. Instead of telling us how a sane man could do such an act, they stammer out “wickedness,” “depravity,” “evil passions.”

But what “evil passion?” Was it the evil passion of avarice, or jealousy, or revenge, or any other particular “evil passion,” that is known to men to commit murder? No. It was evidently none of these. But it was (as thede experts would have us believe) simple “wickedness,” “depravity,” “evil passions.” They can give no answer more definite than that.

Such answers as these might perhaps pass in some schools of theology, which hold that a virus of simple “wickedness,” “depravity,” or “evil passions” was incorporated into the very nature of our first parents, and by them transmitted to all their posterity. But when they are offered in a court of justice, where a man’s life is at stake, they are not merely shameful, they are infamous. Men are not to be hanged, in this country, upon any theory that theologians or others may hold as to an ancient transaction between Adam, Eve, and the devil.

These experts have had thousands of insane persons under their care. Many of these persons have committed homicides, or other violent assaults. All of them, or nearly all of them, were supposed to be liable to commit acts dangerous to themselves, or others. The insanity of no two of them showed itself in the same way. But they were all saying and doing things, daily, that were just as absurd and irrational as was the act of Guiteau. And because their acts, whether violent or not, were so absurd and irrational, these experts have no doubt that the actors were insane. But when Guiteau does an absurd and irrational act, they hold that he is not insane, but simply “wicked,” “depraved,” under the control of his “evil passions.” And yet they can give no reasons — that are capable of being comprehended, end judged of, by common minds — why Guiteau’s absurd and irrational act is not as good proof of his insanity, as the absurd and irrational acts of others are of theirs.

Even the witches were not hanged on such absurd testimony as this.

The testimony of these experts tends to show how much science and reason are to be found among the keepers of our asylums for the insane. It tends to show that these men are either blockheads outright, and do not know that they are making fools of themselves, or that they are capable of committing, for money, or to advertise themselves as physicians for the insane, almost any possible crime against justice and reason. It tends to show that many of them, at least, are capable of all the crimes, against both the sane and the insane, with which so many of them have been charged, and of which some of them have no doubt been guilty.
[Lysander Spooner, (unsigned)]

Justice Gray.

The appointment of Horace Gray, as a Justice of the Supreme Court of the United States, adds more weight than light to that bench. He weighs, we suppose, about two hundred and seventy-five pounds. But his light is not at all proportionate to his weight. We might as well expect to get light out of two hundred and seventy-five pounds of rump steak. Nevertheless, all this is just as it should be; for it is weight, and not light, that is wanted in Supreme Courts.

All governments, that assume to control their subjects arbitrarily, find it necessary to keep in their service some authority, or some tribunal, that shall be reverenced by the people, and that shall tell them that the acts of the government are all right, and obligatory; and that it is the moral duty of the people to obey and submit; that resistance or disobedience, on their part, is a great crime; a heinous sin against God and man.

In despotic governments, so-called, this service is performed by a State Church. The government gives great privileges, honors, and revenues to the Church, upon the condition that the Church will teach the people that the government is ordained of God; and that to disobey or resist it would be a great sin against God. In this way, the ignorant and, superstitions people are kept in subjection to an arbitrary power that robs, enslaves, and murders them at its pleasure.

We, in this country, have got rid of this superstition about the Church; and the consequence is that our government must have a substitute. And this substitute it finds in its Supreme Court. It sets up a court of its own; selects its own judges, pays them as long as they sanction all its doings; but impeaches and removes them, if they fail to sanction them.

These judges, of course, do sanction all its doings; they are appointed, and paid, and sustained for that purpose, and no other. They understand perfectly the tenure, by which they hold their places, and govern themselves accordingly. And the government, whenever its tyranny or usurpations become atrocious, and cause an outcry, points to the decisions of its Supreme Court, as if that settled the matter.

In this way, the judges of a Supreme Court, in this country, serve the same purpose as do the dignitaries of a State Church in other countries. And the judges can be as safely relied upon, by the government, in this country, to sanction all its doings, as the dignitaries of a State Church can be to sanction all the doings of the government, on which they depend for their privileges and revenues. The judges are an much part and parcel of the conspiracy, in the one case, as the priests are in the other.

In either case, the judges and priests are simply tools and confederates, employed by the government, to overawe ignorant and superstitious people, and keep them in subjection. They are simply weights, which the governments throw upon the people, to prevent their rising in rebellion against the oppressions which the governments practice upon them.

Now, Gray is just the man for a service of this kind. He has no doubt that the government is entitled to arbitrary, irresponsible power over the people; or that it is the duty of the people to submit blindly to every thing the government does. If, in any particular case, any question should be raised, as to the right or justice of any act of the government, he can tell you that, for hundreds of years back, governments have been doing the same things, or other things equally outrageous; but that the people had no alternative but to submit; and that, therefore, they have no other alternative now.

Now, this is exactly what is wanted of a judge of a Supreme Court. And that is why we say that Gray is the right man for the place. And it is the only thing he is fit for. And it is the only use that he will ever be put to, as long as he remains a member of the court.

His associates on the bench will, of course, welcome him as a brother. And they will all enjoy their dignities, and salaries, as long as they sanction all the usurpations and crimes which the government practices upon the people, and no longer.

It is to be hoped that a machine, to be called Supreme Court, will sometime be invented, to be run by foot or horse power, and made to do the work now done by Supreme Courts — that is, to grind out opinions sanctioning every thing the government does. Then the services of such men as Gray and his associates will be no longer needed.

7/17/17

Light-headed Socialists.

The platform adopted by the convention of socialists which met in New York last week is as singular a heap of sociological bric a brac as could be well jumbled together. Such a ridiculous confusion of ideas easily sifts itself to no ideas at all. The key note of this remarkable pot-pourri is compulsion. This is not, however, very singular, since the socialistic machine, like every other which does not propose to stand on its own merits by voluntary assent, can only be run by extraneous force.

It is, indeed, astonishing that a convention of otherwise intelligent and well-meaning men should meet to denounce the present machine, and yet, in the same breath, set up another, with exactly the same despotic element in it that damns the first,— compulsion. Compulsory factory legislation today makes the protest of the pillaged operative nugatory. Compulsory legislation makes the great railways the deadly suckers of farm labor. Compulsory education makes the Colleges, the pulpits, and the newspapers the lick-spittles of capital. Yet, after denouncing these institutions as the agents of robbery and oppression, the socialists immediately set to work, not alohne to imitate their methods, but to revive them in infinitely more atrocious forms.

Take, for instance, compulsory education. Of course the new education under the socialistic regime will be socialistic education. The taxes to support it must be levied by force. The writer of this article does not believe such to be education, but worse than ignorance. He would consider that he was insulting and degrading his children to send them to school under such a system. Now, do the socialists propose to have the audacity to compel him to pay for this education, whether he wants it or not? If so, then their denunciation of the present order is mockery, and they are worse enemies to progress than those whom they call to account.

This absurd craze of “nationalizing” things is the most impertinent lunacy that could make reform ridiculous. In last week’s “Irish World” William Howard comes out with a scheme for “free travel.” The government, which to-day alone puts travelers at the mercy of usurious corporations, is asked to buy up the railroads and thereby exterminate the only element, competition, which keeps the price of a ride from Boston to Chicago from being one hundred dollars instead of ten dollars. “But the government must run the roads at cost!” cries Mr. Howard. Whose cost? The government’s cost, of course; and yet, if Mr. Howard would only be at the pains to consult the facts, he would know beyond all cavil that the cost of running things by government is almost always above that of the most extortionate corporations. Thieving as are the great railroad monopolies to-day, this government, even though it should set to work in dead earnest to run the roads at cost, could not do it at the cost which is imposed upon the travelling public by the corporations. The most expensive public service of its kind is the national postal service, so often cited by the Socialists and Greenbackers as a guiding “star route” to perfection. A corporation now stands ready to do that service, under the most substantial guarantees and even in governmental handcuffs, at far less cost and more efficiently, whenever it shall be permitted to do so.

We are not generally supposed to be remarkably wanting in the virtue of patience, but patience with this over-repeated idiocy of “nationalization” is one of the things that puts us most severely to the test. Guiteau’s attempt to popularize the taking-off of governmental figure-heads by “theocratizing” murder is ridiculous enough, but has the whole weight of inspiration and religious logic on its side, and his arguments challenge the respect of the learned, the wise, and the pious. The socialists, more absurd than he, are in a fair way to yet demand the “nationalization” of love, lunacy, and common sense, backed by compulsory taxation. As yet we have got no farther into their logic than to concede that “free travel” to the lunatic asylums would not be altogether objectionable.

About Progressive People.

A new street in Paris is to be named after Littré, the great positivist and lexicographer.

The artist Collier has just completed an excellent and life-like portrait of Charles Darwin.

The name of Thoreau has become extinct in this country, it is said, by the dead at Bangor, Me., of Miss Martha Thoreau, an aunt of the late Henry D. Thoreau. The latter was the last male descendant of a large family.

A great-great-grandson of Danton has subscribed five florins towards the monument which is to be erected to his famous ancestor. This descendant of the member of the Convention is Aloys Emile Danton, an officer in the Austro-Hungarian army.

It is reported that Karl Marx is dying. His wife, whose death was chronicled in our last issue, was a woman of brilliant talents, descended from an aristocratic and extremely orthodox Prussian family, allied, it is said, to the Scottish house o Agryll.

Professor Huxley had a cook that got so drunk and raised such a row in his house that the police were called. As she was hustled through the yard she let her tongue fly, and gave the professor a blast, of which the only words that could be made out were to the effect that he was a "damn atheist."

The remarkable types of Nihilist women are well known. Vera Sassulitch, whose shot inaugurated terrorism, was the most modest of her sex. In the court-room she blushed when she perceived any one staring at her. Lydy Figner, a charming lady and an accomplished singer, got her eight years in the Siberian mines by sitting in a parlor and playing the piano for weary hours, trying to drown the noise made by the secret printing press in the next room. Anna Lebedeff, a priest's daughter, in the disguise of the wife of a switchman, lived in a watch-house on the railroad, and was found on a box filled with dynamite, chatting with the switchman. Sophy Perovskaya, the daughter of a general and senator, who declined the dignity of maid of honor to the empress and entered the Nihilist fraternity, did the Moscow mine and directed the late Czar's assassination. Sophy Bardin, who was welcomed as a shining star in the literary horizon, wrote a few poems which, though gems of Russian literature, were treasonable, and the singing of them is a State crime.

It was generally supposed that the charges made by Henri Rochefort against M. Roustan in regard to Tunisian affairs had got the famous radical into trouble, but to Tunisian affairs had got the famous radical into trouble, but on the contrary he, alone of those involved, has come out with flying colors. In the suit brought by Roustan, Rochefort was acquitted on every point. The New York "Tribune" thus describes the defendant's appearance in court: "Rochefort's boldness in refusing to challenge the jury told in his favor. His attitude in court was also prepossessing. Spectators, and one may surmise jurymen as well, observed that his air was distingué. He was dressed by a fashionable English tailor, and did not look in any wise foppish. There was frankness in his manner, in his answers, explanations, and observations. He might have been mistaken, he might have been unfairly violent; but his good fail was patent. Gatineau, his counsel, made a point by alluding to all the misery that Rochefort's intrepidity as a journalist had brought upon him. He had never used his pen to accomplish mercenary ends, and went into the war against finacio-politicians with perfectly clean hands. Rochelfort's face is not nearly so fat as it was when he came back from exile. It now looks like a skill carved in old yellow ivory, with two coals of fire to serve as eyes. The flash of the coals appears to light up the caverns at the remote ends of which they are placed. Thick, frizzly, pepper-and-salt hair covers the head, and is arranged in a curious tuft at the coronal region. Rochefort showed presence of mind. His questions were full of meaning, and opened wide vistas which the presiding judge wished to keep shut to the jury. The Lanternier occasionally let fall a droll observation, which, in every case, had the effect of throwing a strange light upon the case. His voice is as peculiar as his head and face. It is singularly distinct. The chin acts with a chopping motion when he speaks. Gleams and glances of the flashing eyes italicize. As his chest is of enormous girth, what he says is heard a long way off. Clemenceau says that Rochefort is wider around the shoulders than any other Frenchman that he knows."