tot PROHIBITION A FAILURE: OR, ' ',,,' ', > V > THE TRUE SOLUTION OF THE TEMPERANCE QUESTION. BY DIG LEWIS, AUTHOR OF "NEW GYMNASTICS," " WEAK LUNGS," ETC., ETC. BOSTON: JAMES R. OSGOOD AND COMPANY. LATE TICKNOR & FIELDS, AND FIELDS, OSGOOD, & CO. I87S. Entered, according to Act of Congress, in the year 1875, BY DIG LEWIS, In the Office of the Librarian of Congress, at Washington. GIFT OF Bankroll LIBRARY , Stereotyped at the Boston Stereotype Foundry, Xo. 19 Spring Lane. DEDICATION. I DEDICATE this volume to Prohibitionists, with the hope that they may give it a thoughtful and patient reading. Among many volumes, I have published noth- ing that I have watched with half the interest and anxiety with which I shall follow the fortunes of this little work. Good friends, who believe in legislative cures, I implore you to read and think. Most respectfully yours, THE AUTHOR. 861340 CONTENTS. PART I. PAGE. THE TRUE SOLUTION OF THE TEMPERANCE QUESTION . . 9 PART II. VICES ARE NOT CRIMES : A VINDICATION OF MORAL LIBERTY, 109 PART III. STORIES OF " WASHINGTONIANISM," AND "THE CRUSADE" . 153 INTRODUCTION. GLANCING over this work, and finding that the writer is opposed to Prohibition, many readers will conclude he has joined the rum party. To secure a patient hearing, I take the liberty to express my convictions upon the subject of Temperance. Alcohol is a poison, and should not be taken into the stomach in any form, or under any circumstances. The candidate for a boat race or billiard tournament scrupu- lously abstains. For thirty years I have advised total abstinence for both sexes, all ages, and in all condi- tions of health. I have uniformly advised members of churches to shun the Lord's Supper, until unfermented wines are furnished. In renting a hotel property in Boston, I have already sacrificed not less than twenty thousand dollars to keep out rum, and will not lease it without the condition that wines and brandies shall be excluded from the cooking. I have nothing on earth I would not cheerfully give to help the cause of temperance. I believe the Prohibitory Law is a great obstacle in the path of the temperance movement, and that further progress is impossible until the law is abolished.' While we are waiting for the constable to do the work, we can- not employ with the needed fervor those social, moral, 5 6 INTRODUCTION. and religions forces which alone can triumph over human vices. When the great temperance movement began, nine families in ten kept a rum bottle ready for visitors. "Within twenty years eight out of those nine families banished the rum bottle. While this grandest of moral revolutions was vigorously progressing, the prohibitory law was enacted. Prayer, song, and brotherly love at once gave place to the constable. Since the inaugura- tion of the law the cause of temperance has steadily gone backward, until the bottle has again appeared on a great many sideboards. The Crusade, in Ohio, has renewed, to some extent, the grand passion of Washingtonianism ; but, if the public interest is thoroughly aroused, I fear the con- stable will be pushed forward again, and the divine weapons laid aside. I am prepared to show that the Crusade has, in a few months, reduced the consumption of drinks in Boston, more than prohibition right here, in Boston, has in twenty years. I have no words with which to express my sorrow that, in making this issue with the friends of prohibition, I may call away the attention of some from the woes of in- temperance ; but, with my convictions, I have no choice. I believe this dependence upon law to be an incubus which must be shaken off. I need hardly say that " license " is a shame and infamy, which ought not to be seriously discussed by a Christian people. FIRST THE TRUE SOLOTQSV ?;i:.' OF THE ;' ' >^ > I i > V ' > ;.j_ ; *.( TEMPERANCE QUESTION. I. in a Pullman car, on a Western road, some JRj months ago, I found myself in a company of gentle- men engaged in discussing the temperance question. One well-fed and well-dressed gentleman remarked, " It's all well enough for women to go snivelling about the streets ; but, I tell you, you can never break up this infernal traffic except by the strong arm of the law." " Well," said I, " what kind of law would you sug- .gest?" " I have been thinking a good deal about that lately," he replied, " and I'll tell you what seems to me the best law. Make a law that no man shall sell a glass of intoxi- cating drinks for less than five dollars. Don't you see that these poor devils, who make such fools of them- selves, wouldn't be able to purchase it at all? That would cure nineteen twentieths of the evil." Another gentleman, with a red face, evidently not a rich man, said, " You never could enforce such a law as that ; it is impossible. But I'll tell you the sort of law that would fetch 'em. Pass a law that nobody shall make more than 9 10 THE TRUE SOLUTION OF five per cent, on bis stock. For example, if a man buy one hundred dollars' worth of whiskey, he shall not sell it for more than one hundred and five dollars. Don't you see tha^ wonlfl ruin every one of them? " Another gentleman, tall, spare, and severe, said, " Gen-iemea. you could never enforce such a law as that ; you could not enforce either of those laws ; but I'll tell you what would stop this thing. Make a law that the man who sells once shall pay .a fine of twenty-five dollars. If he is caught doing it the second time, he shall pay five hundred dollars. If he is caught at it again, he shall go to prison for a year. And if he is caught the fourth time, he shall be hung. I tell you, gentlemen, when you get 'em hung, they won't sell rum much more. You'd find that would end the business ; and, gentlemen, you may talk about it as much as you please, that is the only way this thing can be managed. Let 'em know that the law is as sure as fate, and that if they are caught at it the fourth time, they'll be strung up. I tell you, when you get the rum-sellers all hung up in a row by the neck, you wouldn't have much more rum not much, not much, gentlemen." A stylish young man, with kid gloves, sitting near, said, " Gentlemen, those laws are too severe ; public senti- ment would never enforce them. I grant you that law is a good thing, and that we must have it to cure this evil; but there is only one way in which law can be made to work, and that is, to make a law against all per- pendicular drinking. This is all you can do." One of the company asked what he meant by " perpen- dicular drinking." " Why," said he, " I thought every one knew what that meant it is standing up at a bar. Make a law that nobody shall' drink standing, and you will do all that is THE TEMPERANCE QUESTION. \\ possible to do by law. Yes, gentlemen, if I were going to frame a law, I should make the title, 'An Act against Perpendicular Drinking.' " A gruff old man, who had been listening impatiently, with many signs of disapprobation, said, " I don't know that I have any right to stick my nose into this discussion ; but it seems to me very strange that you don't all see that the only way to cure this evil is to pass a law against importation and manufacturing. You must tear this thing up by the roots. The idea of lopping off the little ends of the branches, and then fancy you are killing the tree ! I tell you, you must go down to 'the very roots. Let Congress pass a law against all importations, and then another one against manufacturing the stuff, and don't you see that, instead of clipping off the ends of the branches, you have torn the whole tree up by the roots ? I am astonished when I hear people talk about letting the poison come into ten thousand places, in our very midst, and then undertake to fight the devil at arms' length." Another gentleman, sitting near, a member of the " yaw " persuasion, said, - " Mein Gott in himmel ! Vare you git de aulcahell for a tousand deefferent teengs, und de leekoresfor einhoon- dered teengs ? Nein, shentlemen, das ist sehr bad. I tells you, shentlemen, you mek ein law dat de leekores shall pe gone avay, and den mek shoost lager ; das is goot, sehr goot." A quiet young lady, sitting near, and who afterward told me that she was on her way to St. Louis to teach school, had been listening to all this conversation with evident interest. Tired not to say disgusted with the coarse non- sense of these men, I turned to the young woman with the question, 12 THE TRUE SOLUTION OF 11 What kind of law do you think is best ? " She blushed, and, after a little hesitation, replied, " Gentlemen, if you will excuse the remark, I believe that the law of love is the best law for the cure of in- temperance." I clapped my hands, and she went on. " I have a brother, who, I am sorry to say, engaged in keeping a saloon. My father, who is a clergyman, talked to Henry pretty hard. He told him that he would dis- grace himself and his friends, and become a drunkard, and go to hell. Henry replied, with profane words, that he would go to hell if he chose, and he would go on his own hook. My father contrived to get a lease of the building in which brother was keeping his saloon, and turned him out. Henry moved into another street, a much worse one, and opened his bad business again. My father sent a man to purchase a claim that a whole- sale liquor dealer had against brother, and he had it sued, and then they seized Henry's things, and drove him out again. Then he went into a cellar, and kept a very low place. Tie didn't call upon us at all, and I don't know that we ever should have seen him again ; but two young ladies, friends of mine, proposed to me, having heard of the woman's movement in Ohio, that we three should go down to Henry's place, and see what we could do. So, one afternoon we looked him up, and walked in. There were half a dozen rough men hanging about ; but we went directly to the bar, and one of the young ladies said, " ' Won't you let us see you privately ? ' " Henry said, ' I have no other room, young ladies, but perhaps I can see you some other time.' " Kate said, l Can't } T OU send these men out, and let us speak with you a few moments ? ' " Henry turned to the men, and said, THE TEMPERANCE QUESTION. 13 " ' Boys, you better leave a little while. You may come back in half an hour/ " Then Henry came out from behind his bar, and we sat down upon some rickety chairs, and began to talk. I can't tell you exactly what we said; but we talked, and pleaded, and begged, and, I am ashamed to say, we girls all cried. I had no idea the half hour was up; but the men came back, and knocked at the door. " Brother cried out, ' Come again in an hour ; ' and they went away swearing. " After a while, we got to talking quite tender and lov- ing; and I told Henry, if he would give up this dreadful business, and go back to his old trade, and would take two or three rooms, I would help him fit them up, and would come every day to keep house for him, and would do everything in my power to make him happy. Well, at last he began to cry himself; and then I put my arms about him, and kissed him, and said, " ' My dear brother, this is a dreadful business ; it will ruin you. Come, go with us. 7 " He sat still for a few moments, and we stopped talk- ing because we saw he was thinking; but I sat by his side, and kept my hand in his. He got up and walked backward and forward across the room, and, at length, turned suddenly, and going behind the bar, opened a wooden faucet, and let the beer in a keg run out on the floor. Then he took the corks out of six or eight bottles, and poured the contents on the floor. " ' There ! I have poured out all the miserable stuff/ said he ; and, turning to me, and taking me in his- arms, he continued, l My sister, I promise you solemnly, I will never sell any more, and that I will never drink any more, as long as I live.' He remains true. ; , " Now, gentlemen," continued the young lady, " it may be that a constable would have accomplished the same 14 THE TRUE SOLUTION OF thing better ; but in a town in Maine, where I was born, and where I have always resided, it has been said for some years that the law had broken up the liquor traffic, that there was not a place in town where intoxicating drinks could be purchased, that the constables had traced the last two bottles to a heap of dirt under a barn ; but the marshal reported that he had never seen so much intemperance in our town. Evidently drinking people were finding access to it in great quantities, but the question was, where? That was what puzzled every- body. A great many young men, of a class that every- body says did not formerly drink, had organized a drink- ing club, where they drank a good deal. Gentlemen, I have learned to doubt whether law is, after all, so very potent in the cure of this evil. I really believe that the law of love, such as we applied to Henry, is more potent than the law of force. I suppose you will say that our management of my brother was womanish and weak, and that it would have been better to use the strong power of the government ; but, in my study of German, I came across an adage, which seems to me to contain a great deal- of truth. It is 'Die, milde Macht ist gross] which means, ' the mild power is great ; ' and I sometimes think this adage contains a deep truth."*' I said to them, " Gentlemen, if, in this war upon rum- selling, there were two movements, one led on by all of you, with your fists doubled up and your pockets full of laws, and the other movement was led by this young lady, I should follow her; believing that, with her law of love, we could do a hundred times as much as you, with your law of force. Force is a good agency in break- ing rocks, and in punishing criminals ; but in curing vices, in which we strive to regulate the action and re- action of the faculties and passions of the human soul, force is about as well adapted to our purpose as a sledge hammer to regulating a watch. THE TEMPERANCE QUESTION. 15 II. SOME people seem to have the impression that society is restrained from vice by civil law ; that our wives and daughters are virtuous because there is a law against brothels; that our exemplary citizens refrain from gambling, profanity, and drinking, because the law forbids these vices ; that somehow society is kept in order by law. Of course I need not argue, with those who have observed and thought, that vices are inevitably strength- ened by legal prohibition, and virtues weakened by legal protection. i It is not the clumsy fingers of the law which restrain us from a vicious life, but reason and public sentiment. The great Napoleon said, " 1 do not care for the armies of Europe, but I tremble before its public sentiment." Even a church, which, like the Church of England, or that of France and Italy, is taken under the protection of the government, loses its moral vitality, and can never regain it till all legislative props are removed, and it learns to stand on its own legs. Let the government of the United States take the Methodist church under its special protection, and in twelve months its grand moral power would be paralyzed. Inevitably a temperance movement is emasculated, as here in Massachusetts, when taken under the protec- tion of the government. There is not a church, or a society, or a virtue, which will not lose its moral vitality if taken under the wing of civil law. Nothing but the sense of responsibility gives balance and strength. A man cannot walk a tight 16 THE TRUE SOLUTION OF rope, a hundred feet from the ground ; unless he first learns to depend upon himself; nor can he walk on the ground, even, without having first learned this self- dependence. You can't learn to swim without going into the water. It is the sense of responsibility which develops every noble human quality. The same law obtains in every sphere and department of life. A girl whose virtue is guarded in a French convent has no real virtue ; and when her friends watch her, and refuse to leave her alone with a man, even for a moment, they tell usj more plainly than any words could, how she has been ruined by being denied her liberty. And no matter how richly endowed a young man ma/ be, if he learns that his fortune is secure, that his fathei will leave him wealth, he will never become a force in the world. Observe that man walking down the street. He passes a liquor store, and now he passes a street which leads to brothels. Why? Is it the fear of the law which re- strains him ? When you, my reader, walk through a city, and pass a thousand temptations, are you restrained by law ? Is it the fear of the constable, or is it your con- viction that vicious indulgences are harmful, with the consciousness that society is observing you ? Let us go to a prison. . We find a convict who has resisted the most determined attempts at discipline. He has been beaten, and showered, and tortured in many other ways, but he still defies them. Suppose we could obtain permission to take him out with us a few days. We take off his prison dress, give him a good suit, and then conduct him to a social gathering of refined ladies and gentlemen. Now watch him ! There are not bars, and chains, and whips enough in this world to make him as gentle as ho now is in conversation with that lady. THE TEMPERANCE QUESTION. 17 Is not the influence of good men and women as cheap and as available as torture and prisons ? From the Massachusetts prison we have recently heard of punishments, shootings, and dungeons ; but I remem- ber to have visited that prison some years ago, when the discipline was of another sort. One day the prisoners were all let out into the yard for conversation and games. Football, loud laughing and shouting, made the wildest scene I ever witnessed. The warden's little children were caught up by the convicts, passed along from thief to thief, from murderer to murderer, kissed and fondly embraced by men who had not touched a child, it may be, for months or years. When we saw the warden's beautiful little daughter in the arms of men whose names the world speaks with a shudder, and some one cried out to the mother, " 0, madam, how can you ? How dare you?" the mother replied, " Daisy could not be safer anywhere in the world. They will bring her back in an hour, with five hundred loving kisses on her lips." Last evening, in taking a walk, I passed a large num- ber of children just dismissed from school ; and I did not kill a single one of them, not even the least in size, and I saw one little girl so small and delicate, I am confident I could have killed her very easily, but I passed right by. I had my reasons for letting them off so easily, but I do not care to mention them. I will, however, say this much it was not the fear of the law. I remember sitting up once all night with a little child ; it was its last night ; and the poor little thing was gasp- ing for breath. It could not raise its hand, it was so weak. Now I could have killed that child so easy, and it was so far gone that it could not have hurt a fly, and I was in robust health at the time. It would have been perfectly safe, but I didn't kill it. My reason for letting it escape, was in no degree the fear of the law. 18 THE TRUE SOLUTION OF In our cities there are women who devote themselves to the care of the sick among the abandoned, about the Five Points and other similar places. They go alone right into a den of thieves, or into a cellar or attic occu- pied by men who rob and kill, and these ladies do not leave their watches and purses at home. But no one ever hears of their being robbed or hurt, and they go at all hours of the night. It certainly is not the fear of the law which restrains these hardened creatures. I think I know what it is that protects these women, and renders them a little safer than they would be in their own houses ; but, my reader, I shall not tell you. You may have three chances to guess. It will be remembered that there was established at Lexington, Mass., some years ago, a school for young ladies, which rapidly grew in popularity and patronage, until the great buildings were unfortunately destroyed by fire. The secret of the popularity of that school, and the secret of the most remarkable intellectual progress I have ever known, was the absence of what is called government. Every pupil was expected to do her best, and she did it. Neither absence from prayers or recitations, nor the character of the recitations, was made a matter of record. Everything was trusted to honor, and during the years of the history of that school there was scarcely an occasion for fault-finding. It was a marvellous success, and is referred to by the pupils as the beginning of a new life, as the place where they began to cultivate a true womanhood. : The worst class of our citizens are more worthy of trust than some managers of ladies' seminaries believe their pupils to be. The general policy is to have an almost endless series of rules, and then police the school, ai d watch for violations. I had rather my own daughter THE TEMPERANCE QUESTION. 19 would never learn to read the name of the God who made her, than to be subjected to the demoralizing influence of such a system. The young ladies in the Lexington school were re- quested to retire at nine o'clock, and the reasons for it were given so fully, that it was very rare that any one violated the request. The fire watchman began his rounds at nine o'clock in the evening, and knowing that it was the general custom to retire at nine o'clock, and observing a light one night, a few minutes after nine, in one of the rooms, he went to the principal, to report the fact. He was sent to ask if any one was sick. Return- ing to give the answer, he was immediately followed by the young lady, who had been sitting up beyond the prescribed hour, and who came to the principal to say, " I hope you will excuse me, but I received a letter from my mother to-day, and knowing she would expect an immediate answer, and that I should be very busy to-morrow, I was just finishing my letter." The principal said, " All right, Mary ; " and she turned to go back ; but stopping, she remarked, with some emo- tion, " I am sure if you knew how much better I do here than I have ever done at school before, you would not blame me. The year before I came here, I was at the young ladies' seminary in P. I can't tell you how many rules we had in that school, but there was a great num- ber. They were written, and stuck up in the halls. There were all sorts of rules about everything. I re- member there was a rule that when two pupils met in any passage hall, they must not speak to each other. There was another, that pupils must never call upon each other in their rooms ; and another, that we must be in bed at ten o'clock, and that pupils sleeping together must not speak to each other after that hour. There was 2 20 THE TRUE SOLUTION OF another, that we must not correspond with any one, ex- cept through the principal. " Every girl of spirit had one or more correspondents outside, and generally with some young man in the town. The letters were exchanged through the stone wall that surrounded the garden. Every pupil had her particular spot, where she put her letters addressed to the young man, and received his replies. The girl who hadn't one or two stone wall correspondents was regarded as slow. It was required of us to report every day all violations of the rules. So, after we retired at night, if we wanted to converse with our bed-fellows, one of us would address an imaginary person, for example, Bridget, and ask her to say to her mate, by whose side she was lying, so and so. Then her companion would request Bridget to reply so and so; and thus conversation was carried on indefi- nitely ; and when, the next day, we were asked to report violations of the rules, we did not report this, because we had not spoken to each other, but only to Bridget. A score of devic.es, some of them very ingenious, were con- trived for dodging the rule about speaking to each other when passing in the hall, and again about visiting each other in our rooms. The greatest intellectual activity in the school was in carrying forward a series of equivocations, and dodges, and concealments. Why, sir, I would no more send a sister to that school, than I would send her to any other place where she was sure to learn all sorts of dishonesty. " I have been in your school two years, and I have never heard one of the girls suggest a violation of any of your wishes, or the wishes of the teachers. Here we know we are not watched. Everything is trusted to our honor, and I think, sir, when you trust us, a jgirl must be dreadfully mean not to do right ; but if you watch us, then it is a fair game. I do believe, sir, if one of the THE TEMPERANCE QUESTION. 21 + girls in this school was to propose anything that would be a violation of jour wishes ; the rest of us would make the place too hot for her to stay here.'' And away she went to her room. The young ladies in the school at Lexington were requested not to receive any company except with the distinct permission of their parents. One young lady from New York went out walking, one evening, with a young gentleman in the neighborhood, and when the fact became known in the school, it was quite unnecessary for the principal to reprimand her. The girls took it up, and made it very certain that no other pupil in the school would ever try that again. And as to correspondence, I need hardly say that the outrageous indecency, not to say state prison offence, of opening a pupil's letter, was never committed by the principal of the Lexington school. Almost the noblest and most promising young woman I have ever met, told me, some years ago, when she was about to enter a young ladies' seminary, where it was the system to correspond through the principal, that she had instructed her friends not to write her, for if the manager of the school were to open a letter of hers she would have him arrested and tried for a state prison offence. I need hardly say to those who have studied the sources of human character, that the peculiar system of management at the Lexington school was infinitely more valuable to its pupils than the contents of all the class books. A conscientious, exalted womanhood is worth a mil- lion times more than all libraries. I need not add that the police system of school government is opposed to the cultivation of such a womanhood. 22 THE TRUE SOLUTION OF in. IN the early stages of human development, brute force was the only means of securing obedience. And even among our own people of to-day, thousands of parents beat their children's heads to make them obey. When people become enlightened, beating gives way to reason and persuasion. When I was a boy, the pupil that escaped whipping for a whole term was a curiosity. In a school where I spent a year, the whip was in almost constant use. I saw a class of forty- six boys and girls stand up in a row to be whipped, and as in turn they got their beating, they took their seats. The plan of punishment differed a little with the two sexes. The teacher stood with his legs apart, and each boy got down on his hands and feet, and crawled between the teacher's legs. The idea was for the teacher to bring his legs together suddenly, and catch the urchin ; then holding him fast, he would, with a big ruler, give him about ten ringing blows. If a boy, thus down on all fours, succeeded in plunging through three times without being caught by the teach- er's knees, he went free ; but this very rarely occurred. The girls were not put through this game of all fours, but each girl stood up like a man, and took the whip over her shoulders. In that school, which was in the fine town of Auburn, N. Y., and kept by Dr. Tucker, a famous teacher, I saw a girl, eighteen years old, whipped, in the presence of the school, till she fainted. Dr. Tucker was paid a large salary because of his ability to govern. Such brutalities excited no comment, that I can recall ; certainly there was no general protest, for Dr. Tucker THE TEMPERANCE QUESTION. 23 remained, to the last, the most popular teacher in town. I never heard any one claim for him any excellence except his remarkable talent for governing. He did not lay down the whip from morning till night, and it was rare 'that an hour passed without its being used. Only a little more than forty years have passed since those days, and now in most parts of the country we do not allow a teacher to beat his pupils at all, and I may add that for fifty parental whippings -forty years ago, we have now perhaps one or two. Progress in this direc- tion has been very rapid. In the treatment of men, the change has likewise been very marked. Forty years ago men were not only whipped in the army and navy, but were whipped and pilloried in civil life. A man was often whipped, and then fastened in a pillory, where he was left, for a time, for the boys to throw putrid eggs at. I never saw a man in a pillory, but the scene has been described so often, that I think I understand it. His head and face are in full view, and the boys, having saved up bad eggs for the pillory days, stand off a little distance, and prac- tise on him. There is a great roar when a bad egg hits him in the mouth, for as his hands are fastened, he can- not remove the horrible stuff from his mouth and nostrils. If we go a little farther back, say three hundred years, we find that our English ancestors treated their poor and vicious much worse. If a poor man, not being able to get a living in one place, went to another neighborhood, they called him a tramp, and anybody might take pos- session of him, and keep him for his own use, and whip him at his own pleasure. The owner gave him to eat whatever he chose, the law presuming that if he was worth feeding, his owner would feed him. If he tried to run away, killing him was no crime. Numerous cases occurred in which a nobleman killed 24 THE TRUE SOLUTION OF a man for objecting to his (the nobleman's) intimacies with the man's wife or daughter. The killing of a poor man by a nobleman was not attended by any risk of punishment. I have mentioned these cases of brutaUty as samples of the spirit in which the weak and vicious have hereto- fore been treated. Of course everybody knows, now, that a little kindness and trust are a hundred-fold more potent in securing right conduct. There never was a bad man or woman on this planet who could not be influenced more by an hour's reasoning, and gentle words, than by ten years of cruelty and torture ; but the passion which beats chil- dren's heads, and whips men, to make them submit, re- fuses to consider reason and kindness. No matter whether it is drunkards, rum-sellers, or prostitutes, few persons ask whether kindness would help ; but the first and last question is, In what way can we punish them? When the women began the Crusade in Ohio, I was deeply interested in their views of rum-sellers. In one of the first meetings, an intelligent lady, the wife of a clergyman, exclaimed, " What ! go right into those dreadful places, and face those horrible men ! I should as soon think of entering the infernal regions. O, no ; anything but that. I am willing to pray for them, but as to goiog into those dreadful places, among those imps of darkness, I can't think of it." A month later I heard that same lady describe, with many tears and the tenderest emotions, her visits to some of the worst groggeries. She said, " Dear friends, it would soften your hearts toward these poor drinking creatures, and toward the rum-sellers, if you could only see how kindly they treat us. I can never go to those places without weeping. They are THE TEMPERANCE QUESTION. 25 just as gentle and kind to us as though we were their own sisters." In all the accounts illustrating the power of moral influence over the most brutal class of our population, I know of none more interesting than the story of Captain Maconochie, and his work on Norfolk Island. The population here was made up of fourteen hundred pris- oners and their jailers. These prisoners were the very scum of criminal society, the most hardened offenders, from the prisons of New South Wales and Van Diemen's Land. They were treated with incredible cruelty. They were beaten, starved, and chained. Their self- respect was broken in every possible way; and, says Captain Maconochie, " A more demoniacal assemblage could not be imagined. The most formidable sight I ever beheld was the sea of faces upturned to me, when I first addressed them." This good man held out a brother's hand to them. He elevated them in their own eyes, and they joined with him in practical efforts toward bettering their condition. It is a long story, and the result, as given by Captain Maconochie, is the following : " I found the island a brutal hell, and I left it a peace- ful, well-ordered community. Officers, women and chil- dren, traversed the island everywhere, without fear ; and huts, gardens, stock-yards, and growing crops were scat- tered in every corner, without molestation." How great this work was, perhaps could only be rightly estimated by those who were witnesses of the wonderful changes. Said one of the prisoners, a vic- tim of the old system of torture, " When a prisoner was sent to Norfolk Island, he lost the heart of a man, and got that of a beast instead." As an illustration of Captain Maconochie's treatment, I select one striking case. There was a man named 26 THE TRUE SOLUTION OF Anderson, who, from the age of eighteen to twenty-four, appeared to have run the whole gamut of crime. Re- peated flogging had only rendered him more violent and hardened. Finally, so desperate arid dangerous a char- acter had he become, that he was sentenced to be chained to a rock for two years. He was fastened by a chain, his bed was a hollow scooped in the rock, his food was passed to him by means of a long pole. His flesh was devoured by vermin, and he was not allowed water to bathe his sores. Yet all this never subdued his spirit. Captain Maconochie found and freed him, and treated him like a human being. The sequel is thus told : " Sir George Gibbs visited the island three years after Captain Maconochie's arrival, and, while driving through its beautiful scenery, Anderson was seen tripping along in his trim sailor dress, full of importance, with his tele- scope under his arm. t What little smart fellow may that be ? ' asked Sir George. ' Whom do you suppose ? That is the man who was chained to the rock in Sydney Har- bor. 7 Sir George was greatly surprised and affected." We have a similar example in the case of the prisons at Munich. The prisoners were celebrated as the most brutalized among these brutal classes. They were guarded by ferocious dogs ; they were heavily chained, and flogged for the slightest offence. In consequence, they were treacherous, cruel, dangerous. At last the prisons passed into the hands of Mr. Ober- mair, a man who " founded his system on the conviction that the worst criminal preserves the germ of some good quality, and that discipline based rather on mercy than severity, by appealing to the nobler instead of the brutal instincts of humanity, will awaken a new feeling in the mind of the convict, that of self-respect, and thus develop those moral qualities which, though dormant, are never completely extinct.' 7 THE TEMPERANCE QUESTION. 27 As a result of his system, we find that, of two hundred and ninety-eight prisoners discharged within the two years of his administration, two hundred and forty-six af- terward led honest, industrious lives ; although more than half of them had been convicted for homicide, felony, or murder. As an instance of practical reform from the law of love, this is very striking. The name of Mrs. Fry is familiar to- all ; yet few know of the difficulties attending the beginning of her work. Within a few months, this delicate woman, only strong in her love, accomplished what the prison authorities de- clared an impossible thing. She began her work at Newgate, where three hundred women, with their wretched children, were huddled together like pigs in a pen. They were the vilest of the vile ; fighting, drink- ing, blaspheming day and night. The very jailers would not trust themselves among them unless heavily armed. She appeared among them armed only with peace and love. She touched their rocky hearts, and the waters of repentance gushed forth. In six months' time the miracle had been wrought which love, and nothing but love, can achieve. If one only observes and thinks, he is astonished to find how little law has to do with the general good con- duct of society. Let us watch the life of a man for a day. He rises in the morning, speaks kindly to his wife and children, although there is no law requiring it ; he goes down the street, speaks kindly to children and his neighbors ; goes to his place of business, treats his fel- low-workmen with kindness and justice, gives during the day a shilling or a dollar to a beggar, and goes home to greet his wife and children pleasantly in the evening, and retires to rest without having thought of the law during the day. He has not done one thing or omitted to do one thing because of the law. 28 THE TRUE SOLUTION OF My reader, do you remember ever to have done any- thing in your life, or refrained from doing anything, be- cause of the statutes ? If we could only realize how little civil law contributes to the good conduct and well-being of society, our interest in the legislature would be greatly lessoned. If the legislature sticks its clumsy fingers into our affairs, so as to conflict with our notions of liberty, we sneer at it, as in the case of the prohibitory liquor law ; or with our notions of honor, we treat it with silent contempt, as in the case of usury. Of the millions upon millions of acts of kindness and justice which go to make up civilized life, I take it that nine in ten would never be performed at all if they were required by law. During my residence in Buffalo, N. Y., we were startled one morning by the report that a canal-boat, containing two men, had floated down the river, and was hanging on some rocks just above Niagara Falls. I went down .on the next train, and found that the boat was balancing on a rock in a very critical position ; but the two men had left the barge in a small boat half a mile above, and escaped in safety. I found a company of men trying to save a dog which had been left on the boat. It was momentarily expected that the old craft would escape from its moorings and go over the cataract. A hundred men were on the shore, long after dark, devising and contriving, but at length adjourned till morning. It was agreed that they should be on the spot at daylight, and if the dog who had been running back and forth on the deck during the day, seeming to appre- ciate the imminent danger was still there, they would rescue him. I was very curious to see whether this grand enthu- siasm over the fate of a dog would last till morning. At the day dawn I was on the spot, and found more than THE TEMPERANCE QUESTION. 29 one hundred men already there. Two brave fellows, who had, during the night, secured a light, strong boat, proposed to go some little distance above and row across, each having a rope tied about his body, so that they might be drawn ashore should the boat fail them. When they were ready to leave on their desperate venture, there was an immense crowd gathered on the shore, swayed with intense emotion. The two brave fellows threw off all their outer clothing, took their seats in the boat, and began their desperate pull. But, before they were half way over, it was very ob- vious that they must be dashed on some large rocks in the midst of the rushing waters, a little way below their track, and over which the torrent broke with terrific force. A cry of horror went up from the crowd. The two young men threw up their hands, the signal agreed upon with their friends on shore, and leaped into the rushing waters. In less than a minute they were in our arms ; but one of them was insensible, and the other was bleeding pro- fusely from the nose. In a minute or two the insensible man became conscious, and the two brave fellows rose, grasped each other's hands, and one said to the other, " Jim, we will save that dog or die." The two young men spoke low together for a moment, when one of them said to a man standing near, " Bring the little, short boat," The man, with others, ran off for the boat, and in half an hour our two heroes were ready, at a point higher up the river. Each had a rope tied about his waist, and they took an extra rope for the dog. When they pushed out from the shore, the crowd, which had now increased to many thousands, shouted words of fear and despair, or of courage and hope. As the two young fellows, who were evidently persons of 30 THE TRUE SOLUTION OF immense strength and desperate courage, pulled through the foaming torrent, the crowd on shore cried out, " They are lost!" "No; they'll fetch it!" "My God, they arc gone ! " " No ; there they are ! " and, when at length they struck the bow of their tiny craft against the canal- boat, and swung around under it, such shouts were never before heard from five thousand throats, as went up from that crowd. And when the two heroes quietly kissed their hands to us, it was agreed that they were the coolest, bravest men that ever lived. One of them climbed to the deck of the canal-boat, where the demonstrations of the poor dog were most touching. Soon the dog was handed down into the small boat, the extra rope was tied about him, and they were ready to attempt the return. Now they motion to their friends on shore to go far down the bank. They have evidently resolved to at- tempt the return below the rocks on which their first boat went to pieces. They wait for some time to gather breath and strength, and they point out to each other the dangers and chances. And now they brace themselves, and push out into the surging waters ! We send up one wild shout, and then lean forward and watch in breath- less silence the heroic struggle. Good God ! they are lost ! Nothing can save them ! But instantly they rise from their seats, one of them throws up his hands as the signal to pull, the other lifts the dog in his arms, and they leap into the mad torrent. In two minutes men and dog are in our midst, and we are rubbing them back into life. The crowd, now ten thousand in number, lift up the heroes, and carry them with shouts "of triumph to the nearest hotel, where they receive every attention. I do not know what the statute is in regard to the saving of a spaniel dog of medium size, with his rights, THE TEMPERANCE QUESTION. 31 dignity, appurtenances aforesaid, &c., &c., when in peril above Niagara Falls ; but I venture the assertion that, if those young men had known of the existence of such a law, Carlo would have been left to go over the cataract. What an inconceivable stupidity to treat creatures ca- pable of such sublime heroism, as the law treats the vic- tims of vice ! Man is made in the image of God. He never loses the divine spark. How stupid and brutal to beat and imprison his body for vicious indulgences, in- stead of fanning that divine spark into a flame ! But it is just, and always just, to punish crimes by law. On another page the distinction between a vice and a crime is given, so that no one will fail to see the justice of punishing crimes } and the great injustice of punishing vices. IV. THE business of the government is to protect the citi- zen. The governor is simply the chief of the police. Some people think that the governor is the commanding general of the state, the governor's council his staff officers, and the State House the headquarters. To the criminals of the state the governor is the commanding general ; but to you, the respectable citizens, he is no more than the policeman who tramps up and down the streets all night through the storm, while you are in your comfortable beds. To the criminal the chief of police in a city is a great man ; but to the respectable citizen he is only an officer with bright buttons, whose function it is to keep the sidewalk clear. To gaping ignorance the governor is a great man ; but to the intelligent citizen 32 THE TRUE SOLUTION OF lie is only another policeman, without bright buttons, whose duty it is to keep watch, and see that he, the sov. ereign citizen, is in no way disturbed as he walks about in pursuit of his profit or pleasure. Tiie governor is the commander-in-chief of the army of criminals, but has no more authority over other people than he has over the inhabitants of another planet. On the contrary, he is simply and only the head of that po- lice whose duty it is to keep awake and watch while their masters sleep. I would not underrate the impor- tance of this function. All useful labor, if faithfully performed, becomes honorable ; but it is not to be denied that the sovereign citizen of the highest class steps a long way down when he enters the police force. If you wish to see how much the governor and the legislature enter into the thought and life of the best class of citizens, spend an evening in a social gathering of our best people, and you will never hear the State House mentioned, unless in contempt for some of its im- pertinences. But if you go down to the North End, the governor and the chief of police fill the conversation, as the sayings and doings of the officers in an army fill the conversation of the common soldier. It is constantly complained that the best citizens will not accept political office. It is true ; and, as people become more and more enlightened, rich, and indepen- dent, it will be more and more difficult to secure first- class citizens to serve in any political office. We have not had a first-rate man as President of the United States in forty years ; I mean, first-rate in culture and morals. All of which means this, and only this : that political of- fice, as an occupation, is far below the highest level of the private citizen's life. If the legislature met once in five or ten years, and re- mained together a few days, or a few weeks, to attend to THE TEMPERANCE QUESTION. 33 really important business, I think the character of the State House would be so improved that the best citizens would consent to serve ; but as it is now, when every possible expedient is resorted to to make business, when nothing is really done till the last few days of a six months' session, except to ferret out the corruption of the members, to find out how much the Hon. Mr. A. or the Hon. Mr. X. has stolen, how can we blame the best citizens for not liking to be mixed up in such a business ? All this corruption grows out of the attempt on the part of the legislature to do what they have no business with. Let them confine themselves to providing meth- ods of punishing criminals, and leave the people's busi- ness to the people themselves, and they would quickly win the confidence and respect of the public, and all this miserable lobbying, and jobbery, and corruption would cease. V. LAW-MAKING is our mania. We are about the first people that have had perfect liberty in the business, and we are nearly crazy over it. It is astonishing with what rapidity the wheel turns twenty-six hundred laws during a single session. The state printers are frequently compelled to keep their men up all night to print these laws. But the respect of the people fails to keep pace with the magnitude of this work. At the conclusion of a ses- sion, during which laws enough have been ground out 34 THE TRUE SOLUTION OF to fill several great volumes, the newspapers, not unfre- quently of both parties, denounce the legislature as utterly " imbecile and corrupt," and they rejoice that " at last our law-makers have gone home, so that their blun- dering and mischief have come to an end." It is con- stantly charged, by those who have good reason to know, that the legislature of this or that state, or the national legislature, can be bought ; or that a measure, no matter how important, will inevitably fail unless there is money in it. The conviction is well nigh universal among the peo- ple that these charges of the newspapers are well founded. These legislatures are composed of merchants, farmers, and lawyers, who, at home, are honorable men; but when they reach the State House, it is widely believed they put themselves up to the highest bidder. I need not add that the laws which come from such legislatures fail to command the respect of the people. The contempt with which the people regard the law, if it happens to conflict with their notions of honor or liberty, is very emphatic. Permit me to illustrate by the law against usury. This law was strong and explicit. If the lender took usury he forfeited his entire claim. And yet a large part of the money received usurious interest. During one "of our revulsions a single bank in Boston received more than a thousand dollars a day usurious interest. During that trying season there was not, probably, a business man in Boston who did not pay usury, and there was not a day, except Sundays and holidays, when there were not thousands of our citizens paying usury. Why did they not fall back on " a wise and beneficent law," defend the dignity of the State House, and at the same time make a fortune ? It was a short road to wealth, a straight and THE TEMPERANCE QUESTION. 35 simple one, and, what one would suppose every good citizen should prize, it was strictly legal. I ask, why did not these victims of usury avail them- selves of this open door to wealth ? Everybody is prepared to respond, " Because there is something in man, a something known as honor, which is a thousand fold stronger than his love for money and his reverence for law combined." This case is one of those (and they are numerous) which clearly exhibits the weakness of a legislative enact- ment, when it happens to conflict with our sense of honor. The legislature of a great state enacts that whoever takes usurious interest shall forfeit his claim. Legisla- ture after legislature reaffirm the law. It is a fixed and settled policy, and is continued, without essential change, for generations. Now consider the situation. It is the year 1837. Honor and confidence tremble in the balance. No man knows where he stands, or whom he can trust. Borrowers crowd every place where money is to be had. Millions upon millions are lent every day. Ruin stares thousands in the face. Every conceivable method of raising the wind is considered. Conscience retires from the strug- gle. In all this crowd of anxious, frightened men, run- ning hither and thither, there is scarcely a man who might not step out of the fight and retire rich, if he would only say, " I refuse to pay usury ; it is against the laws of my country." That is all. It would be legal, and what is legal must be honest, especially if the law be one which has been so long and carefully considered and reconsidered as this law of usury. Surely, in this crowd of frightened men, vou need not 3 36 THE TRUE SOLUTION OF go far to find a man who would defy almost any law on the statutes to escape the impending ruin, but not one will plead usury to save himself, although, in paying it, he becomes an accomplice in a violation of a statute law. 1 need not undertake to explain this. Instinct is quicker than words. Every man feels, " I would die rather than violate my honor" I am trying to illustrate the weakness 'of civil law, and the strength of honor. Many years ago imprisonment for debt was in vogue in the State of New York. The law was then modified, so that a debtor might get bail, and go out of prison ; but he must not leave the limits of the corporation. He might go about town at pleasure, but must' report daily at the jail, and must not step outside of the limits of the town. With this modi- fication debts were better paid. Again the law was modified, and the person of the debtor could not be touched, but all his property might be seized. A marked improvement in the payment of debts was observed. Several modifications followed from time to time, in which the principal feature was a suc- cessive increase in the property exempted from execu- tion. At length the law now existing in New York, exempting " the homestead," was enacted. This law ex- empts the home, and, if a farm, the team, farming imple- ments, &G.J &c., so that a man may be a well-to-do farmer, with every comfort and convenience, and the sheriff, with an execution in his hand, cannot touch a thing. The payment of debts so greatly improved under this law, that, some years ago, a petition from many wholesale merchants of New York city was presented to the legis- lature at Albany, praying for a repeal of all laws for the collection of debts. The petition was properly presented,' and a vigorous speech made in its defence. I remember THE TEMPERANCE QUESTION. 37 the spokesman for the merchants of New York said that the petitioners were satisfied that if all laws for the col- lection of debts were removed, and the obligation was left to the honor of the debtor, their claims would be more promptly and surely paid. They declared that if a debtor were inclined to cheat, there were so many ways in which he could dispose of his property, that practically the creditor was obliged to depend upon the debtor's honor, and they were satisfied that the sense of honor would be far more active and reliable in the absence of law. In illustration the gentleman adduced the well- known fact that a man will pay his gambling debts, for which he has received nothing, in preference to his gro- cery bills, for which he has received food for his family, and obviously for the reason that the gambling debts cannot be collected by law. He adduced likewise the well-known fact that Wall Street speculators may be in- curable rogues in the ordinary legal transactions of life, but rarely fail to pay their stock-gambling debts, and clearly because these debts cannot be collected by law, or, in other words, because they are debts of honor. And to illustrate the utter weakness of law when it conflicts with the instinct of liberty, I may mention the ' vice of gambling. Not a fiftieth part of the gambling in this city takes place in gambling hells. Why does it never occur to anybody to attempt to enforce the law against gambling in our clubs, and other respectable houses ? and why, should they attempt it, would they signally fail? For exactly the same reason that the state constables failed to enforce the Prohibitory Liquor Law against the Parker House an^d against Young's Hotel. For exactly the same reason that when the committee from the Young Men's Crusade, of Bangor, Maine, waited upon the mayor of that city, last summer, to offer their ser- 38 THE TRUE SOLUTION OF vices in the better enforcement of the Maine Law, and proposed to bring him abundant proof that the hotels in that city were selling intoxicating drinks, mentioned several of them, and asked, if they brought proofs, whether he would have the proprietors arrested under the pro- visions of the Maine Law? The mayor replied. " But, gentlemen, these hotels are kept in a quiet, respectable way. I can't proceed against such places. If you will bring me evidence that any of these places are kept in a riotous manner, I will have them prose- cuted as nuisances. But if they keep their places quiet and decent, public sentiment will not justify any inter- ference." And yet this mayor was elected by the prohibitionists, to enforce their law, and was himself a prohibitionist. I have said that the law against gambling fails for the same reason that the Maine Law fails it interferes with personal freedom. If a man chooses to risk his money on a game of cards, he has a perfect right to do so. No man, or body of men, has a right to say to him, " You shall not risk your money in that way." It is his money, and he has a right to do what he pleases with it. He has a right to put it in a gun and shoot it away, or burn it up, or risk it on a game of chance, or make any other disposition of it, and no man, or body of men, has a right to interfere. It is a well-known fact that regular gambling hells are places where by various devices, and among them the em- ployment of drugged liquors, the uninitiated are simply robbed, and turned into the street; and therefore it does not shock public sentiment to break up such places. But games of chance, without fraud, are not interfered with, and never will be. A very striking illustration of the weakness of law, when it comes in contact with the instinct of liberty, is THE TEMPERANCE QUESTION. 39 the result of prohibition in Maine. I have taken pains to learn the facts in Maine. I travelled through the state, and conversed with a large number of its leading citizens, almost exclusively temperance men, and became satisfied that intemperance is the great, overwhelming curse of the Pine Tree State. In New York city, imme- diately after leaving Maine, I gave a number of facts, in a public address, which, being published in the New York dailies, called out from the Maine papers the cry of False- hood, falsehood ! although I was very careful to state that I knew nothing of the truth of the facts of my own knowledge, and gave the names of my informers. All this information was published in the New York papers, and, without doubt, read in Maine ; but the pride of some of the Maine editors over the " Maine Law " was such that they chose rather to make up faces at me, and ring .the changes on certain hard words, than to explain how well-known citizens of Maine, whose names were given, as authority for the facts, came to be so mistaken. Perhaps a few official figures may receive better treatment. Of persons sent to the insane asylums, in Maine, whose insanity was caused by intemperance, there were in 1863, . . . . . 7 1869, . . , , . . 15 1864, . . . . . 11 1870, . . , , . . 22 1865, . . . . . 10 1871, . . , , . . 11 1866, . . . . . 14 1872, . . , , . . 26 1867, . 21 1873. 26 1868, 13 The following table shows the number of arrests for drunkenness in the city of Bangor for 1862, 1863, and 1864, and then for 1872, 1873, and 1874. That city con- 40 THE TRUE SOLUTION OF tained in 1870 a population of eighteen thousand two hundred and eighty-nine. 1862, 8 1872, .... 459 1863, . . . . .10 1873, .... 334 1864, . . . . .31 1874, .... 850 ? When I was in that city last spring, the Hon. Lewis Barker, who had been engaged by the prohibitionists to look up the facts, told me there were fully three hundred grog-shops in Bangor. The number of recent arrests for drunkenness in other cities and towns is equally significant. The number of arrests for drunkenness in the city of Portland, for a year ending March 30, 1874, was two thousand and eleven. Prohibitionists in Maine tell us that " Rum has gone under," in that state. Travellers through the state affirm that, " the law is a success ; tipsy people are nowhere to be seen ; " while the inspectors of the Maine State Prison report that in 1873 there were the enormous number of seventeen thousand eight hundred and eight arrests in that state for drunkenness. The Maine Law provides that liquors may be sold for " medicinal, mechanical, and manufacturing purposes," but they must be furnished by certain agencies appointed by the state. It is a notorious fact that but a small part of the liquors sold come from the agencies ; and even the state agencies, curiously enough, do not procure their stocks from the Central State Agency, but obtain them from outside sources. Indeed, of the five hundred and forty-two municipalities in the state, Eaton Shaw, the State Liquor Commissioner, complains that only about one hundred purchase their stock of him. I wonder that these deputies dare neglect their chief; but although THE TEMPERANCE QUESTION. 41 they are dependent upon him, " You shall " and " You shall not " fail to work, even with them. The amount of sickness in Maine must be fearful. Take a little town of less than fifteen hundred, up among the hills the little old-fashioned town of Canaan, with almost no foreign population. The state agent in Canaan sold, in 1863, liquors to the amount of thirty-six dollars and seventy-five cents j in 1865, the liquors amounted to twelve hundred and ninety-two dollars and fifty-two cents ; and in 1867, the liquors sold by the Canaan agency amounted to twenty-one hundred fifty-seven dollars and fifty-one cents. In four years the quantity increased from thirty-six dollars to twenty-one hundred and fifty- seven dollars. The State of Maine has but six hundred and twenty- six thousand nine hundred and fifteen inhabitants, but the quantity of intoxicating drinks consumed in that state, according to the report of the Hon. Joshua Nye, the chief of the State Constabulary, was enormous. That intemperance, insanity, pauperism, and crime are rapidly increasing in Maine, no one can doubt who will carefully read her annual reports, and I will add that so long as human nature remains what it is, intem- perance, vice, and crime must ever increase, in a free country, under a prohibitory liquor law. Some other states have tried prohibition, but with no better success. Indeed, I "think all the other experi- ments have met with even a worse fate than that in Maine. But the friends of prohibition walk through the streets where formerly open dram-shops blazed out their bright lights at every step, and finding no such sign's of the busi- "ness now, they straightway go and announce that the pro- hibitory law is a triumphant success. It is often said, 42 THE TRUE SOLUTION OF " We don't pretend that the law against dram-shops is enforced in every case. But this is the fate of all laws. The law against theft is not always enforced, and even the law against murder sometimes fails. This law is as well enforced as other laws." Exactly this statement was made recently in Tremont Temple, in aft address by the Rev. Dr. Eddy, of this city. I suppose I have heard that statement in public ad- dresses twenty times within a year. I will not say that those who make such statements are not honest men, and that they do not think they are speaking the truth ; but it is very easy to show that they utterly fail to comprehend the subject, and the facts. It is true that thieves and murderers do sometimes crawl through the meshes of the law ; but is it not true that they generally escape through some technicality which, in our wisdom or unwisdom, was introduced to protect personal liberty, and to give the benefit of all doubts to the prisoner ? Professor Webster was tried for murder, and in spite of a powerful combination in his defence, was proved guilty, and hanged. Harvey D. Parker was tried under the Prohibitory Law, and although not a person in Boston doubted his guilt, although no one doubted that he vio- lated the law a thousand times a day, although it was clearly proved in court, the jury simply refused to find him guilty. George Young was tried under the same law, and although the whole town was in a broad laugh at the absurdity of trying to prove that George Young sold in- toxicating drinks, a thing which he made no attempt to conceal, which was seen daily by a multitude, which was as susceptible of proof as that the Metropolitan Rail- road Company runs its cars through Tremont Street, and the sale was proved in court, yet the jury refused to THE TEMPERANCE QUESTION. 43 convict. The only result of these trials was to bring civil law into still deeper contempt. Of course it will be said that although the law has failed in Massachusetts, we have only to go to Maine, and there we shall find it enforced. This is a popular delusion. . There are over three hundred known dealers in Ban- gor, who, under the provisions of the law, might be im- prisoned, and should be imprisoned ; and yet for years there has not been a single man in Bangor locked up for selling rum, except one, who was confined tempora- rily, and in this case it was really not because he vio- lated the law, but because he was so savage toward an officer who called upon him. And we are gravely told that this law is as well enforced as other laws. The sale of a glass of grog is the offence we are dis- cussing, and there have not been three punishments for each million violations of the law ! And we are told that this law is as well enforced as other laws; as well, for example, as the law against theft. This statement is of a sort which abounds among the public advocates of prohibition, and is not a whit more erroneous than the statements which were published, and largely circulated, in a pamphlet known as " A Cloud of Witnesses. 77 I may add that all the evidence you need in regard to the character of that remarkable document, is a perusal of the official reports of the Maine State Prison Inspectors, Chief Constable, " State Liquor Com- missioner," and the Police. It is insisted that in Massachusetts there has been no honest effort to enforce the law. This is an easy charge to make, but nothing could be more unjust and false. Did not the friends of prohibition select their own officers to administer the law? Did they not have a 44 THE TRUE SOLUTION OF large force, scattered throughout the state, whose special duty it was to enforce this law? Do the friends of pro- hibition mean to say that these officers turned traitors ? When it is complained that the officers refuse to en- force the Prohibitor}^ Law, I would reply, that when there was not a fiftieth part of the temperance sentiment now existing, there was no difficulty in enforcing the law against the sale to drunkards and children. That law is just, and it will never be difficult to enforce it. The reason that with fifty-fold more temperance senti- ment in the country, it is impossible to enforce the Pro- hibitory Law, is not because the arm of civil law is shortened, but because the mass of men .will never con- sent, except under the sway of an irresistible monarchy, to give up their liberty to do what they please with them- selves and their own. VI. A CRIME is any act which one man, with evil intent, commits upon the person or property of another, without his consent. If one person, with evil intent, lay his finger upon another, without the latter's consent, it is a crime. All crimes may be justly punished by law. A vice is any -injurious act. or passion in which a per- son indulges himself. Malice, hypocrisy, envy, hatred, avarice, ambition, falsehood, indolence, cowardice, drunk- enness, gluttony, &c., &c.j are vices. Yices are not justly punishable by law. They are amenable to reason alone. If A assists B to indulge -in a vice, and A uses no fraud, and B is compos mentis and fully consents, A is guilty of no crime. If A be a cook, and makes for B THE TEMPERANCE QUESTION. 45 rich and delicious dishes, and B indulges his appetite to such an extent that he becomes sick and dies, A is guilty of no crime, but is, at the worst, an accomplice in a vice. If A be a vender of alcoholic drinks, and sells B intoxicating drinks at his solicitation, A is guilty of no crime, but, at the worst, is an accomplice in a vice. B's indulgence in the strong food or in the strong drink, either of which may ruin him, is not a crime punishable by law, but only a vice amenable to reason alone ; so A is guilty of no crime, but only of being an accom- plice in a vice, amenable to reason alone. A crime must possess three features. 1. There must be at least two persons the actor and the victim. 2. The act must be committed with evil intent. 3. The act must be committed without the consent of the victim. If either of these features be absent, the act is not a crime. For example, our wealthy neighbor, Reuben Tarbox, having no family, wills his fortune to his cook. That person, knowing that his master's gout depends upon high living, makes the most appetizing and luscious dishes, that the heart attack, which usually kills the vic- tim in such cases, may be hastened, and he come into possession of his fortune. This would be a sinful selfish- ness, for which God would hold him responsible ; but it is no crime which the civil law could punish. One con- dition of a crime is absent : the consent of the victim is not withheld. There is no fraud, and Mr. Tarbox freely consents ; so there is no crime. If, in the case of the rum-seller, we assume a secret purpose to destroy his victim (a something which never exists ; for he would be glad if the drink left no bad effects, as it would greatly enhance the character and 46 THE TRUE SOLUTION OF profits of the business), but, supposing there were a secret purpose to destroy his customers, there would be no crime, unless there was fraud, or unless the drinkers were compelled to swallow their drinks. VII. E have grown up with the notion that the liquor traffic must be managed by law ; and so, if one starts with the declaration that all laws in regard to the sale of intoxicating drinks should be abolished, he cannot secure a fair hearing. The prejudices are all against him. In considering the principle of the prohibitory liquor law, let us first introduce another excess glut- tony. Without doubt, gluttony is the most destructive of all our vices. It obtains among all classes, both sexes, and all ages. Eminent medical men, in England and Amer- ica, declare that strong food can count ten victims where strong drink counts one. Let me illustrate by a common case. A man eats so much, and such bad food, that he is often sick, and always dyspeptic and unhappy. Instead of being a support to his family, he is a nuisance. Society has a just claim to the best use of all his faculties. He utterly repudiates this claim, and, instead of rendering fifty years of useful labor, he imposes a tax of thirty years' care of a disagree- able patient. Is this a fancy picture ? I declare that I have known fifty victims of gluttony to one victim, of drunkenness. THE TEMPERANCE QUESTION. 47 Yon may convince a glutton that his rheumatism, or gout, or fever, or dyspepsia comes of table excesses, and he may resolve to reform ; but, as soon as he is well, he will fall again into the same excess. Now, let us see how the account stands between society and this man. He honestly owes society fifty years of work. His services are worth a thousand dollars a year, or, in the aggregate, fifty thousand dollars ; and society not only has an indisputable claim upon the work which he can do with his head and hands, but he is bound to render that service in a spirit so cheerful that he shall contribute to the happiness as well as the material pros- perity of the community. This is the just claim which society has upon that man. Now, let us see what he pays. Look at him. He has the rheumatism. See him hobble. Look at his face. Hear him grunt and groan. See his care-worn wife ap- plying the fomentations and administering the medicines, and hear her moans of discouragement. I but echo the voice of my profession when I say that nineteen twen- tieths of such cases come of table excesses. Medical men will bear witness that the case I have given, represents thousands and tens of thousands of men. It is this knowledge which led one of the most eminent medical men in America to go farther than I have gone, and declare that where drink can count one victim, glut- tony can count a hundred. Now, I will sue that man for repudiating a just claim. I bring him into court. The judge will ask, " What is the case ? " I describe it. I say the man owes fifty thousand dollars, and won't pay. The judge will ask for a bill of particulars j and when I explain that he fails to pay by abusing himself, the judge will say, " Mr. Clerk, dismiss the case. There is no crime. It is a vice, and we do not punish vices in this court. This 48 THE TRUE SOLUTION OF man has not, with malice prepense, injured the person or property of another, and therefore there is no offence which can be tried in this court." Indignant at this defeat, I resolve that, if I can't pun- ish the person himself, I will punish the man who sold him the food. When I bring the dealer into court and present the case, the judge would say, " This trader has a perfect right to sell beef, and but- ter, and pepper, and pork, and can't be held responsible for any misuse of them. These articles must be sold. They must be sold in large quantities ; and, if the pur- chaser is not able to obtain what he wishes of this dealer, he would obtain it of some other. The articles them- selves are innocent enough, and the dealer cannot be held responsible for the misuse which the purchaser may make of them. Mr. Clerk, discharge the accused." Finding myself foiled in my efforts to secure justice, I determine upon a " movement ; " and so I agitate the public mind, and at length secure a law which makes the purchase of foods difficult. They are to be sold only in certain places, by a certain class of persons, and under the eye of officers of the law. But I need go no further with this illustration. Every- body sees that each step is an outrage upon personal liberty, which would not be endured. If the prohibitory, liquor law had been passed fifty years ago, when everybody believed in strong drink, and almost everybody men, women, and children drank it, the case would be completely parallel to the case of the food. Would it not? What is the situation to-day? We have forty millions of people. Ten millions believe that lager bier is health- ful and necessary. Of the other thirty millions, more than twenty-five believe that wines, liquors, and ales are not only not THE TEMPERANCE QUESTION. 49 harmful per se, but often very necessary. On every hand doctors prescribe these drinks for their patients. Con- sumptives are put upon whiskey, and nursing mothers are directed to drink beer. Invalids of all classes are assured by the doctors that a little wine, or a little por- ter, or a little whiskey will prove a capital medicine. This makes thirty-five millions of the population who are in favor of the use, more or less, of intoxicating drinks. Do you say that this is an extravagant state- ment? On the contrary, I do not believe that there are a million of people in this country who think alcohol is, per se, a poison. For myself, I believe -it is a poison in the smallest quantities, in every conceivable form ; but, although I lecture on temperance, and talk much in pri- vate with people on the subject, I very rarely meet a person who joins me in the opinion that alcohol is, per se, a poison. Here we .have an overwhelming majority of the peo- ple, who believe in alcoholic drinks. Do you think that the very small minority, say five persons in forty, may say to the thirty-five, " You shall not purchase the drinks which you believe good and necessary " ? I know that the five, by adroit management, by insist- ing upon prohibition as a plank in the platform, and by creating the impression that those who will not vote for prohibition are in favor of " free rum," have contrived to get a prohibitory law passed ; but recently, in Massachu- setts, the people having had time to think of it, thousands of those who have heretofore voted for prohibition, have, without any concerted action, but each man by himself, scratched off the name of the republican candidate for governor, and put on in its place the name of the demo- cratic candidate, and solely, as we all know, to get rid of the prohibitory law. 50 THE TRUE SOLUTION OF But I must not forget to bring up a drinking man for trial. I bring him into court because he has gone on drink- ing until, like the man with the rheumatism and dyspep-. sia, he is a tax rather than a help. The judge asks, " What is the case ? " I state it. " Your honor, this man has used intoxicating drinks until he has spoiled himself. He has entirely neglected to take care of his wife and children. Instead of earning a thousand dollars a year, which he is bound to do, he is a tax on everybody about him." The judge interrupts me. " What offence, what crime has the man committed ? " I repeat that he has so abused himself with drink that he can't support his family; that he has thus cheated society out of its interest in him. The judge would say, " Mr. Clerk, dismiss the case ; here we punish crimes. This man has not, with malice prepense, interfered with the property or person of another." When I see my man march out of court free, I deter- mine to look up the man who sold him the drink, and so I bring him into court. The judge would say, " Mr. Clerk, dismiss the case. This trader has a per- fect right to sell alcoholic liquors, and can't be held responsible for the misuse of the articles in which he trades. These articles must be sold. They must be sold in large quantities ; and, if the purchaser is not able to obtain what he wishes of this person, he would obtain it of some other. The articles themselves are innocent enough, and the dealer cannot be held responsible for the misuse which the purchaser may make of them." THE TEMPERANCE QUESTION. 51 VIII. THE real question is that of the right to swallow alco- hol. If a man has a legal right to swallow alcohol; he has the right to buy it, and the dealer- has the right to sell it. Alcohol is a very harmless and useful thing, until it is taken into the human stomach. It does no wrong until it reaches that cavity. Then the mischief begins. Now, if a man has a legal right to swallow the article, a perfect right against the combined world, it is absurd to treat as criminal another man who helps him to that alcohol. John, a poor man who lost both arms in the war, has a perfect right to marry Jane. It may be that their mar- riage will entail upon the community trouble, and ex- pense; but John's legal right to marry Jane is perfect. Friends may advise, reason, expostulate, and plead, and the .chances are nine in ten, if they approach John in the right spirit, they will dissuade him; but if the president, and the governor, and the general, and the judge, and the chief of police, and the pastor, and all others in au- thority go to John and command him not to marry Jane, he may order them out of his shanty, and, if they do not go, kick them out, and then marry Jane at his leisure. Now, granting John's right to marry Jane, how absurd to un- dertake to punish as criminal the Rev. Mr. Jones for performing the ceremony, or assisting John to do what he has a perfect right to do ! And precisely so, if John has a right to swallow alco- hol, how absurd to treat as a crime the helping John to do what he has a perfect right to do ! If the principal in any transaction is guilty of a crime, the accomplices 4 52 THE TRUE SOLUTION OF are guilty of a crime. But if the principal is guiltless of crime, then the accomplices are guiltless. In a recent public discussion upon prohibition, my op- ponent said, " The sale of rum is the source of nearly all our crimes. Eminent judges in Great Britain and America declare that nine tenths of all crimes come of strong drink. Think of it, ladies and gentlemen ! nine tenths of all crimes originate in the use of intoxicating drinks, and yet my antagonist says we must be easy with rum-sellers, that they are a good sort of fellows, and have just as good rights as other folks. While we know that their damna- ble traffic crowds our poorhouses, jails, and state prisons, we are told by my antagonist that these creatures have just the same rights as those of our fellow-citizens who are engaged in the most honorable and useful business. I should like to ask my antagonist whether he thinks that thieves, who are not guilty of one hundredth part of the harm done by rum-sellers, have the same rights as our most valued citizens. Suppose, in Main Street, one man sets up a den for the sale of whiskey, and another man sets up a den of thieves. The whiskey-seller makes a dozen thieves, fifty paupers, twenty wife-whippers, one murderer, sends two hundred women and children into the street broken-hearted, and costs the community fifty thousand dollars. The den of thieves simply steal a thousand dollars' worth of property, and there is not a tear or heartache. "Will my antagonist be kind enough to tell me which of these dens deserves the severest punishment ? I wait for him to answer ! " I replied, " The question is a fair one, and I will an- swer it without -the slightest evasion or reserve. And first, if the thieves steal only from sane adults, and from these with their entire consent and by their solicitation, THE TEMPERANCE QUESTION. 53 the persoDS from whom the stealing is done going to the den of thieves and asking them to come and do the steal- ing, then the thieves should not be punished at all, no matter how great the loss may be to the persons from whom the stealing is done. And precisely the same rule applies to the rum-seller. " But suppose the thieves take the property without the consent of the owner; they deserve state prison. Or suppose the rum-seller goes out into the street and seizes the passer-by, drags him into his den, and, binding him, pours the drink into his mouth until he commits a mur- der. The rum-seller deserves the gallows, and he would get it, too. The stoutest advocate of free rum would not give a shilling to save him." IX. fTlEMPERANCE orators speak of rum-sellers as though JL they created the evils of intemperance. They de- clare, with passionate emphasis, that our Berime, vice, pauperism, and misery come from those " hell-holes ; " that these rum-sellers are the scourges of the race, and must be driven out. Now, it would be just as sensible to pour out this anathema against the tumblers from which the intem- perate drink, as to direct it against the men who place those tumblers on the counter. Drunkenness does not come from groggeries ; it takes its rise in the alcoholic appetite, joined to the presence of alcohol. Alcohol is used for a hundred purposes, and 54 THE TRUE SOLUTION OF must be kept in great quantities, and on every hand. You must shut your eyes to this if you assume that men with the craving cannot procure it. If it can be shown (I believe the contrary to be true) that open grog-shops lead to more drink than private drinking clubs and other concealed methods, which are always introduced when any determined efforts are made to close groggeries by law, then, whatever is sold in open grog-shops, more than would be drank in their absence, may be justly charged to the account of the open shops. But, as the history of intemperance in Maine during the last thirty years clearly shows, that to drive the rum traffic under cover is not to cure it, or to lessen it even, so, while we temperance men continue to loathe the liquor traffic, there is no doubt that we have attributed to groggeries an importance in this wretched vice which does not belong to them. A man who should reproach the clerks in the banks with producing all our monetary troubles, would talk even better sense than those who accuse rum-sellors of causing all the evils of intemperance. The essential fact is the existence of the appetite. There never can be any great difficulty in obtaining the means of its gratification. If any fault is to be found with those wjio furnish the alcoholic drinks, it would be only fair to divide it between those who raise the grain, those who sell it to distillers, the distillers themselves, those who transport it, the wholesaler, the jobber, and, finally, the retailer. To find fault with the retailer, and not to find fault with the wholesaler or the distiller, is to find fault with the men who stand in front and hand the poison to the drinkers, and to say nothing of the ranks of men behind, who are passing the poison to the front rank. But to lay any special blame upon either of these ranks of men, is very short-sighted ; for the primary cause THE TEMPERANCE QUESTION. 55 of all the trouble is, as I have said, the presence of a morbid craving for alcohol. It is impossible to prevent the thirsty man's finding it. Some one will cry out at this point, " Then what are you going to do about it ? Here is all this dreadful crime and wretchedness. Are you going to do nothing to arrest it ? " Within a year a hundred ministers pro- fessed followers of that Christ who came into the world to save men by divine love have said to me, " If you can't stop this thing by law, then what can you do ? " I say to them, when I can command sufficient patience to speak civilly, " The Washingtonian Movement and the Woman's Cru- sade suggest the existence among us of a power which is fully competent to the cure of all these evils ; " and I some- times ask them if they have ever heard of Christ. Millions of professed Christians, and among them thou- sands of Christian ministers, believe in Christ as the author of a system of theology, but they do not believe in Him as the source of a divine force which lifts men into a new spirit and a new life. x. WHEN we urge that personal liberty is the great, vital, pivotal fact of human life, that all progress and hap- piness begin and end in personal freedom, prohibitionists say, " We recognize the supreme importance of personal liberty as much as you do, and we are willing that all men should be free, if they will only do what is best for 56 THE TRUE SOLUTION OF them. We rejoice," say they, " in the utmost liberty of opinion and action, if the people will, only say and do what is right ! " The Inquisition believed in the perfect liberty of all men to be Catholics, but if they caught a man with other notions about salvation, they put a thumb-screw on him. Our Puritan fathers believed in personal freedom, as no other men ever did. They left their homes, crossed a stormy ocean, and braved a thousand dangers, that they might be free to think and say what they pleased. And they were perfectly willing that all who- came along with them might think and say what they pleased, unless, as sometimes unfortunately happened, the other men thought and said things which conflicted with the things which the fathers thought and said. They sometimes came across a Quaker, whose views did not seem quite the thing, and they hung him. Our New England fathers believed in religious liberty. Indeed " religious liberty " was their constant boast; but if a man did not believe in hell, they would not let him testify in court. No matter what wrong other people might commit upon the person or the property of a Uni- versalist, he had no redress, he could not appear against them. He was in the condition of a southern slave. This is one of the greatest possible outrages upon the dignity and rights of a man. But our fathers were always very kind about it; they said he was at lib- erty, perfect liberty, at any time, to believe in hell, and then he might swear a blue streak. There used to be a law here in Massachusetts against preaching infidelity, and another against any disrespect- ful words of Jesus Christ, another against travelling on Sunday, another against smoking in the streets, another against playing cards, another against usury, &c., &c. ; and now we have had one for twenty years against the THE TEMPERANCE QUESTION. 57 sale of intoxicating liquors*. The most of these laws have been repealed; the rest of them are stone dead. Such offences belong to vices, and cannot be cured by law. As the men of ideas and progress clamor for the repeal of such laws, each law, in its turn, is clung to with great tenacity. I have no doubt the conservatives were honest when they foretold all sorts of ruin to follow the abolition of the usury laws. But at length the people had the sense to see that when two men sit down together to make a bargain about the lending of money, they are exercising a natural right, with which no man, or body of men, has any right to interfere. And exactly so we have had a prohibitory liquor law for twenty years, and now the people have concluded that when two men meet and make a bargain about the sale of a glass of rum, they are exercising a natural right, with which no man, or body of men, on earth has any right to interfere by force or law. I need hardly repeat in this place, that if in any of these business transactions one party is twn compos men- tis, or there is fraud, then there may be crime. The meaning of the recent repudiations of the prohibi- tory liquor law in Massachusetts, and the same repudiation which is soon to follow in Maine, is not that the voters are less temperance men, or that they are anxious to con- tinue the crime and pauperism, or pay the enormous taxes which confessedly spring from drink, but it simply means, as in repudiating scores of other laws in New England, directed against vices, that the people have come to the conclusion that law is not the medicine for this patient. Personal liberty is not only the source of all progress, the lever of all conquests, the inspiration of all achieve- 58 THE TRUE SOLUTION OF ments, but it is at the same time the source of many vices. If you could only chain a man to the floor, and lock the door, and then take him such food and drink as you thought best for him, he would be guilty of no excesses of appetite. In this way you could prevent many of the vices which are now so common and de- structive among men. But if you let a man go free'J he will be almost sure to get into mischief. Nothing is so expensive and troublesome as liberty. Look about you. You can hardly find an adult who is not guilty of vices. If no one was free, many of these vices would be avoided. But the prize, the precious jewel of the ages, is per- sonal liberty. It has no equivalents. Untold wealth, a mine of diamonds, a palace, are baubles by the side of personal liberty. The measure of freedom of the indi- vidual is everywhere the measure of the liberty of society. Whenever in this country personal liberty is tre'nched upon, except in the presence of a great and immediate danger, the intruder, if a person, is sure to receive rough treatment ; if a law, it is sure to be dodged or defied. All trespasses upon personal liberty are defended on the ground that the interference is for the good of the man or men whose rights are violated. I do not suppose that the greatest tyrant in history ever violated the peo- ple's rights without such a pretence. You must defend where the attack is made. If the government attack my right to drink rum, I must defend that right, and not my right to chew tobacco. If the government attack my right to preach Universalism, I must defend that right, and not my wife's right to wear corsets. So I do not blame the Germans for rising in arms in defence of their right to drink lager beer. If the attack were upon their right to kiss their children, it THE TEMPERANCE QUESTION. 59 would be a more grateful task to defend liberty ; but they must repel the assault where it is nude. When 1 look at their enormous stomachs, red, bloated faces, and dull eyes, I wonder that they can soak them- selves in such poisonous stuff; but I should wonder still more if such a brave people did not defend their right to drink it. I was delivering some lectures on temperance, in Lin- coln Hall, in the city of Washington, D. C., last spring (1874), and at the close of an address against Prohibition, I noticed that several well-known congressmen present were whispering in a manner suggestive of disapproba- tion, and observing the distinguished Judge Lawrence, of Ohio, among them, I ventured to say to him, " Judge Lawrence, if you disapprove of what I have been saying, will you come on the platform and defend Prohibition ? " Rising, the judge said, " I will," and came up. He immediately said, in a very warm spirit, " If a man give my son strong drink until his body goes staggering in shame, and his soul goes shrieking into eternity in delirium tremens, that man has committed a crime a thousand- fold worse than to have stolen my horse, and should, if it were possible, receive a thou- sand-fold severer punishment." I interrupted- him. " Judge, after having spoken two hours, it is most ungracious in me .to interrupt you, when you have spoken but two minutes ; but if you will pardon a single state- ment in connection with that which has just fallen from your lips. " If that man comes into your house, seizes your son, ties him hand and foot, and then, forcing open his mouth, pours into it the poison which produces these terrible consequences, I quite agree with you that he has com- mitted a crime a thousand times graver than to have 60 THE TRUE SOLUTION OF stolen your horse, and deserves a thousand-fold severer punishment ; but while your son is compos mentis, while he is at liberty to go about with all the rights of a man, and he goes to the rum-seller and buys a glass of whiskey, if you say that act of sale is a crime at all, in the sense that stealing a horse is a crime, then you cannot under- stand how it is that in Boston the most law-abiding large city in the world we have one law which is the subject of ridicule and contempt." It is a legal axiom that " to. the willing there is no offence." This is but a logical corollary of the doctrine of personal liberty. Of ten glasses of strong drink, nine are drank by men who have just as good a right to drink whiskey as I have to drink coffee. I may think rum is bad for them, as they may think coffee is bad for me ; but both of us must have the liberty of choice. A large part of the life of an average man is made up of blunders. The whole world is at liberty to reason, exhort, and plead with him, but if we shout at him, " You shall not,", he either defies us and goes on his own way, or if we contrive to take away from him his personal freedom, his right of choice, he is no longer a free man, but a slave. THE TEMPERANCE QUESTION. 61 XL " T7"OU admit," says the prohibitionist, " that the rum- JL seller may be punished for selling to persons who are non compos mentis. Now, that is exactly what he does when he sells to a man who can't control his appe- tite. " Is a man compos mentis who drinks too much rum ? If such a law were enforced, it would be all we should ask. That would stop ninety-nine hundredths of the drunken- ness." A sale to a child, to an insane person, or to a sot, or to a person who is dangerous when under the influence of drink, a sale to any of these, the dealer knowing or having good reason to believe him to be what he is, is clearly criminal. And, in addition to this list, it is a crime to sell to an intoxicated person. In brief, if a man is non compos mentis , it is a crime to sell him strong drink. * After a long conversation upon this subject with a pro- hibitory friend, I urged him to go with me, one stormy day, to a large saloon, where I suppose they sell five thousand drinks a day. For two hours we sat near the bar, where we could see the- faces of the drinkers, and hear their conversation. I requested my companion to call my attention to the first person who appeared to him non compos mentis. An intoxicated man staggered in, leaned on the counter, and asked for a drink. " There," said my friend, " there's one." " You've got enough," was the bar- tender's reply. We came away, and as we walked along, my com- panion said, 62 THE TRUE SOLUTION OF 11 But that is a first-class place ; and, of course, we don't find the evil in its worst form there." " That is not a first-class place ; it is a medium place. There are a thousand places in this city of higher grades than that, perhaps a thousand which might be classed with this one, and a thousand of lower grades." We went to our homes, dressed in rough suits, and, going down into North Street, sauntered into a low grog- gery, in a cellar. We took seats, and looked on. Our presence excited no suspicions ; and the crowd of pros- titutes, low sailors, Portuguese, and negroes, went on with their drinking, swearing, bawdy stories, and loud, coarse laugh. My friend whispered to me, " These creatures are all non compos mentis. Certainly reasonable beings would not spend their time in this reeking atmosphere, going on in this horrid drinking, profanity, and obscenity/' " Let us," I replied, " proceed to try one of them, and see if you will decide that he is non compos. We will not take either of those three or four drunken ones ; for when a man is drunk, he is clearly non compos. But let us take that brutal negro, the one with his arm about that wretched prostitute. Do you say that that fellow is not competent to make a will, or to testify in court, or transact business, or to vote? Do you think he should be shut up, or put under guardianship, or in any way re- strained on the ground that he is non compos mentis ? " " Perhaps notj" replied my friend ; " but what a wretched business it is. to keep such a den as this ! What possible pood does such a business do ? Do you think a man should be allowed to go on in an occupation which is evil, and only evil ? which does not do one par- ticle of good, but a great deal of harm ? " My reply was, " It is a horrid business ; one that you THE TEMPERANCE QUESTION. 63 and I would not engage in to save ourselves from starva- tion. But, you see, this fellow don't feel so. I think, as you do, that this business should be broken up at once. I cannot say just how it should be done ; but the l Wash- ingtonian Movement ' and the ' Woman's Crusade ' are very suggestive." " But," exclaimed my friend, returning to the " compos mentis" business, u do you really think a man is compos mentis who wastes his life swallowing this miserable poison ? " My reply was, " If you ask me whether the crowd of fashionable people who waste their lives in bad dress, bad food, bad theatres, and in idleness, doing no good to any one, but a great deal of harm, by an evil example, and in many other ways, are reasonable beings, 1 should say that their lives are most unreasonable and sinful ; but they are not non compos mentis, in the legal meaning of that phrase. " If you ask me whether a glutton, who spends his life between gout and torturing his family with his wretched temper, is a reasonable being, I should reply that he is surely most unreasonable ; but he is not non compos men- tis in the legal sense. If you were to raise the question on such grounds, everybody would laugh at you. " Indeed, the great mass of men so waste their lives in physical, intellectual, social, moral, and religious blunders or vices, that, judged by any high standard, they are certainly not reasonable beings ; but ninety-nine hun- dredths of them are compos mentis, judged by the legal standard, and that is the only one with which we have any business in this discussion." 64 THE TRUE SOLUTION OF XII. MR. (T. ; one of the most intelligent and honest of our prohibitionists, holds that the rights of the govern- ment are limited only by its power, or by the possibili- ties. This is consistent, and the only ground on which a prohibitionist can stand. Mr. G. is fond of putting it in this way : "The government is bound to protect the citizen. What- ever will serve the people, the government is bound to do. And the government is just as much bound to pro- tect the citizen against his own ignorance and vice as against the ignorance, vice, and crime of others. " In other words, the government is bound to con- tribute in every possible way to the welfare of the people. " The right of the government is complete and unquali- fied, having no other limit than the possibility of service. Is there suffering or danger from any source whatever? The duty and right of the government to intervene is unlimited. The only question which can be raised is one of power or possibility. " The government has a perfect rigid to control the re- ligious opinions of the citizen ; but it is impossible to do it, and therefore the government ought not to make the attempt. The government has a perfect right to regu- late the food and drinks of the citizen ; but it is impos- sible to do it, and therefore the attempt would be inex- pedient. But the government has the power to control the sale of strong drinks ; and, therefore, as such sale does great harm, it is its bounden duty to stop it." Mr. G. thinks that what is called the freedom of the THE TEMPERANCE QUESTION. 65 press is a violation of the organic rights of the govern- ment. " Of course/' he says, " the press must be free, perfectly free, for without that we cannot preserve a free govern- ment ; but it must not be allowed to say anything which the government does not approve ; that is to say, the press is at liberty to utter what is true and right. It certainly can be no violation of liberty to prevent a newspaper's saying what is wrong, for no decent man can wish to say or do wrong. And as this is a case where the government can successfully interfere, it is its duty to act. " Therefore, if, in its judgment, a paper publishes any- thing prejudicial to society, it is its duty to stop it." Here, for example, is a newspaper, which is from day to 'day charging the government with corruption, and throwing all sorts of impediments in the pathway of the government, while it is trying to save the country. Can a case be conceived where the duty of interference is more urgent? We have just passed through a terrible struggle. The country barely escaped with its life, and even now we are not safe. If the administration could only have its way undisturbed for a few years, it would gather the fruits of its victory, and make all safe. But the other party, by their treasonable newspapers and their still more treasonable voting, is keeping every threatening question open, and leaving us in painful doubt whether the government cemented by the blood of our fathers, and redeemed by the blood of their sons, shall not, after all, be lost. Then, in Heaven's name, why not stop such voting and newspapers ? No other case can be named so impera- tively demanding the interference of the government. Recall, if you have the nerve to do it, the dark days of the great rebellion. Think of the slaughter, the rivers 66 THE TRUE SOLUTION OF of blood, think of the mourning and agony, and then think of the newspapers that decried and condemned every effort to save the country ! Ah, if our prohibitionists could have been in authority then, all this would have been stopped at once. Not a word of criticism would have been permitted. Or, if they were in authority to-day, all this meddlesome criti- cism of the plans of the administration would at once be arrested. I have said all this from the stand-point of the pro- hibitionist. Not a word of it do I believe. Whenever the government undertakes to punish a man for any other offence than a crime, it makes a miserable failure. No matter.whether it is a rum-seller, a usurist, or an in6del, or a treasonable newspaper ; it only gives dignity and importance to the offender, by placing him at issue with the government. Religious, social, or political opinions, which are of no consequence, are lifted at once into great importance by an arrest and trial. If it is said that arresting a man for theft gives him importance, by placing him at issue with the government, I can only reply that arresting a man for theft disgraces him for a lifetime. To be arrested for a- crime is a dis- grace, and always a disgrace. Of course I mean real crimes, where one ma.n, with evil intent, commits an act upon the person or property of another, without his con- sent. No man can be arrested for a real crime without being disgraced, no matter how slight it may be. The disgrace all comes of public sentiment. If the public re- gards the offence as a real crime, the arrest and punish- ment only add to the disgrace of the crime by calling special attention to it. THE TEMPERANCE QUESTION. 67 XIII. OTHER LAWS SUPPOSED TO RESEMBLE THE PROHIBITORY LAW. The most common method of defending Pro- hibition is to bring forward certain other laws, which, it is claimed > are like the prohibitory law in principle, and which are unquestioned. The law against the sale of tainted meat is frequently quoted. But are the two laws similar? What is the basis of the law against the sale of tainted meats ? When the meat is in the first stages of decomposition, it requires an expert to determine that it is dangerous, and the law justly steps in to protect the people against the danger. But suppose, as is the case with many epicures, that meat is preferred when so soft that it will drop from the hook, suppose they prefer their game or meat in a certain stage of decomposition, does anybody say that they shall not have the thing they prefer, or that it would be a crime to sell it to them ? The law is simply designed to protect those who do not know how to pro- tect themselves. The law against the sale of immature veal is frequently adduced. A dealer who sells veal three days old, under pretence that it is three weeks, should be punished for fraud ; and as it requires an expert to determine when veal is old enough to be healthful, the law justly steps in to examine the veal exposed for sale, and to punish fraud. But let us suppose the doctors w r ere to announce that veal three days old was healthful, or that a part of the people, for reasons of their own, ask for such veal ; does anybody suppose that the sale of it to such persons would be criminal ? 5 68 THE TRUE SOLUTION OF The law against the sale of adulterated foods is fre- quently brought forward. All adulterations are justly punished. But is this law the same in principle as a law which prohibits the sale of all foods ? There is no doubt about the justice of a law which punishes the sale of adulterated liquors ; but that is a widely different thing in principle from a law which forbids the sale of all liquors. Laws of this class are based upon the idea of protecting the ignorant or unwary from fraud or imme- diate danger. And so far as they aim at this, they are just, and can be enforced. But a law which undertakes to prevent a sane adult from buying anything which he may choose to eat or drink, knowing what it is, is unjust, and in the long run cannot be enforced. And a law which undertakes to punish the sale of anything which sane men, with a chance to judge, wish to buy, is unjust, and cannot be enforced. I know a gentleman in this city who always brings forward the law regulating the sale of drugs, as illustrat- ing the principle of prohibition. He puts it in this way : " The law forbids the sale of drugs, except to physi- cians, or upon their prescriptions. The law forbids the sale to other persons, because the legislature, in its wis- dom, has decided that such sale is harmful. And the law forbids the sale of intoxicating drinks, because the legislature, in its wisdom, has decided that such sale is harmful. Now, if the law against the sale of drugs is just, why is not the law against the sale of intoxicating drinks just? The sale of the drinks does a thousand times as much harm as the sale of the drugs." That looks plausible, but it is the shallowest sophistry. The reason that the law may justly punish the sale of dangerous drugs to uniristructed persons is simply and only that such persons do not know, and have no means THE' TEMPERANCE QUESTION. 69 of knowing, their danger. But if there is a reasonable probability that the people are not in immediate danger, the law does not interfere. For example, there are five dollars' worth of patent medicines sold in the country to one dollar's worth of medicines in other forms, and although these patent medicines are composed of drugs, and are, for the most part, the vilest stuffs ever swallowe'd, put up by ignorant quacks, yet there is no great and immediate danger, and the legislature concludes that it is safe to let the people find out the harmful character of the stuffs themselves j and so there is no interference, although more harm is done in one year by patent medi- cines, than would be done by the unrestricted sale of drugs in a century. In the case of that vile swill known as lager beer, there is no great and immediate danger ; so the people should be left to find out about it them- selves. If there was danger that when lager beer was taken in doses of more than a certain number of drops, or that certain kinds of lager beer, or that that fluid in certain states was immediately dangerous to life, then a law against the sale of it, except under the prescription of experts, would be just. But as there is no immediate danger in the use of lage*, as there is a reasonable prob- ability that drinkers will have time to- determine for themselves the safet} 7 of the drink, the entire human race, sitting as a government, have no right to say to one single drinker, " You shall not buy it I " or " You shall not drink it ! " If the drinker be compos mentis, in the legal sense, he has the absolute right, against the combined world, to determine what he will eat and what he will drink. If lie has not the right to decide this question for himself, then no other man on earth has the right. There is but one possible limit to this personal liberty, and that is where a king rules by Divine Right. In this case, the right of the subject to think his own thoughts, 70 THE TRUE SOLUTION OF cherish his own religion, eat his own food, swallow his own drinks, and kiss his own wife, would be rightly subject to the will of the government. But perhaps the law against the sale of obscene litera- ture is the favorite illustration. In a recent convention, it was put in this way : " Certain persons engage in the sale of obscene books. The government decides that such sale does great public harm, and passes a law against it. Every decent citizen approves. " Certain other persons engage in the sale of intoxicat- ing drinks. The government decides that the business does great public harm, and they pass a law against it. Every sober citizen approves." This seems very plausible, but it is shallow sophistry. The law recently passed by Congress against the, circu- lation of obscene literature through the mails is just. If I had been a member of Congress when that law was passed, I should have voted for it, and should have urged that the penalty be made very severe. But last year I had occasion to look up books on sexual subjects. I picked up all sorts, good and bad. I take it that the persons who oeld me such books com- mitted no crime, and that if they sold them to any sane adult it would not be criminal ; but it is a lamentable fact that forty-nine fiftieths of such books and pictures are sold to children. That is a crime, a very grave crime, as it is to sell them intoxicating drinks. Those who read that powerful speech of the Hon. C. L. Merriam, of New York, on the occasion of introducing the bill against obscene literature into Congress, will remember that the necessity and justice of the law were placed upon the ground that the bad books and pictures were sold almost exclusively to children. I have a prohibitory friend of a rather explosive tern- THE TEMPERANCE QUESTION. 71 perament, whose favorite illustration is the law which regulates the keeping and sale of gunpowder. He says, " There is a law against keeping and selling gunpowder. Everybody admits its justice. And why? Because it may do harm. If this is just, then what do you say to the law which forbids the keeping and sale of strong drinks, which do a million times more harm than gunpowder." Let us see if there is the slightest essential similarity between the law against gunpowder and the law against rum. Ten men go into a store. The dealer keeps a barrel of gunpowder under his floor, which, without their knowledge or consent, and entirely through his careless- ness, may blow them into eternity. The law justly steps in to prevent a terrible calamity. Do you think this case is like the following case ? The ten men go into a rum- shop. They have just as good right to drink rum as you and I have to drink tea. You and I may think that rum is bad for them ; they may think that tea is bad for us. Both of us have a right, an inalienable right, to choose. We will suppose these ten men go into the rum-shop to purchase ale. There sits, not a barrel of gunpowder, but a barrel of ale. The men know all about ale. It is the thing they wish. They wish to drink it. They take the entire re- sponsibility. If ale is hurtful, there is plenty of time for them to find it out, as in the cases of pork, tobacco, and corsets ; and so there is no necessity for protecting them against a great and immediate danger. If there was danger that, as people walked along the street or went into a store, strong drink would burst out of bottles, and force its way into their stomachs, produ- cing rags, poverty, disease, and death, the legislature should interfere and forbid the traffic in strong drink. If rich foods were liable to burst loose from their en- 72 THE TRUE SOLUTION OF closures, and be hurled into human stomachs, producing fevers, rheumatism, and a hundred other affections, it would be the bounden duty of the legislature to forbid their preparation and sale. But if people who are compos mentis wish the strong drink or strong food, and there is no great and immedi- ate danger against which they are not able to guard, legislative interference is an impertinence and a blunder. Do you not see that the element which calls for and justifies the legal interference in the case of the gun- powder is entirely wanting in the case of the ale ? At the vital point there is not the slightest resemblance be- tween them. And yet prohibitionists are, some of them, so loose-headed, that, because there are men, and a sale, and harm in both, they imagine the two cases are parallel. They reason in this way : It is the duty of the legislature to watch over and pro- tect the people. The legislature makes a law against gunpowder, be- cause it may do great harm. Alcohol not only may, but we know actually does, in- finitely greater harm than gunpowder. Ergo, it is the duty of the legislature to pass a law against the sale of alcoholic beverages. Let us see whether they will follow that logic. Gunpowder is forbidden because it may do harm. To- bacco does a million times more harm than gunpowder. Ergo, tobacco should be forbidden. Nothing could be clearer. There are twenty vices which nobody supposes could be treated by law, any one of which does a thou- sand times as much harm as gunpowder. Then why not pass a law against tobacco and all the other vices ? For one instance of accidental gunpowder explosion, there are ten thousand cases of false religious faith. What can be more harmful than false notions of God and THE TEMPERANCE QUESTION. 73 His government? Then why not punish false religions notions ? Was not the Inquisition right, after all, when it declared that in nothing was the guidance of the gov- ernment so vital as in matters of religious faith ? Does anybody doubt that errors in religious faith do more harm than carelessness in the keeping of "gunpowder? Then why not legislate against all these vices ? For the simple reason that at the essential point there is no resemblance between them. The one and only fact which renders the law necessary in the case of the gunpowder, is not present in the smallest degree in the other case. It would be just as logical to say that theft is harmful, we punish it ; indolence is more harmful, and leads to almost all the cases of theft ; ergo, we must punish that. If people will tamper with law, they must take the trouble to do a little thinking. The laws against the sale of tainted meat, immature veal, adulterated foods, dangerous drugs, and gunpowder, are all based upon the presence of fraud, or of a great and immediate danger, which the people cannot foresee, and against which they have no means of guarding. It is the presence of fraud, or of great and concealed dan- ger, which justifies sumptuary laws. But let the legis- lature undertake to interfere with our food, or drink, or dress, or any personal habit, indulging in which, we are not exposed to fraud, or great and unforeseen danger, and the law, no matter what it is, or against how great a vice, will, like the usury law and the prohibitory liquor law, ignominiously fail. Of the thirty-odd attempts in Massachusetts to punish vices by law, where there was neither fraud nor great and concealed danger, not one has escaped contempt and complete failure. 74 THE TRUE SOLUTION OF XIV. is a troad distinction between moral rights and legal rights. A man has no moral right to hate his wife, but he has a perfect legal right to hate her. A man has no moral right to foreclose a mortgage upon a sick widow's home, and turn her and her children out into the snow ; but he has a perfect legal right to do it. A man has no moral right to make a glutton of himself, and destroy his usefulness, and throw his wife and children on the town ; but he has a perfect legal right to do it. A man has no moral right to drink rum, but he has a per- fect legal right to do it. I have never heard an advocate of prohibitory law make this distinction between moral and legal rights. They seem to think that all rights are alike, and that all wrongs may be cured by the same means. In a public discussion with a prohibitionist, I made the statement that a man has the same right to do wrong that he has to do right, always provided it is a vice, and not a crime. My reader will find it difficult to believe that, when my antagonist rose, he said, " At last we have found out where my opponent stands. Yes, Mr. Chairman, and ladies and gentlemen, he has at length shown his hand. He declares that a man has just the same right to do wrong as he has to do right. In other words, that there is no distinction between right and wrong. He thinks a man has just as good a right to drink this liquid damnation, and ruin himself, and break his wife's heart, as he has to be a sober man, and perform all the duties of life." THE TEMPERANCE QUESTION. 75 Then, turning to me, the speaker exclaimed, " Is that what you mean ? " I replied, " That is exactly what I said, and exactly what I mean ! " He went on, and in a splendid burst of eloquence, called out cheer upon cheer. When I spoke again, I did not repeat what I had said before, that a man has the same legal right to do wrong (unless the act be a crime) that he has to do right. I thought I would wait and see if my opponent would not think it out himself, and so I introduced another point. When his turn came again, he cried out, " At last, Mr. Chairman and friends, the opponent of our beneficent prohibitory law has been brought to bay ; at last he flies to cover. I admire his adroitness in in- troducing other subjects, and trying to draw our atten- tion away from the real point at issue. We, the friends of prohibition, believe that rum-selling is a great crime, and that we must punish it and arrest it. But it seems we are all wrong. Our code of morals is a little old- fashioned ; but here comes a great reformer with a new code. It certainly has the virtue of being simple. It has but one doctrine, and that is, that there is no distinc- tion between right and wrong ; that, as he himself clearly and tersely puts it, t A man has just as good a right to do wrong as he has to do right.' My good friend may make some converts to his new religion ; but I rather think that, while we have copies of a certain old-fashioned book among us, my antagonist will find it a little difficult to make converts to his new system." Absurd as all this may seem to the reader, it occurred just as I have represented, and I may add that I have never discussed the subject of prohibition with any of its advocates, who did not pass backward and forward across the line dividing vices from crimes, with a mar- 76 THE TRUE SOLUTION^ OF vellous unconsciousness of its existence. You will hear them exclaim, " Well, then, why not abolish all laws for the punish- ment of crime ? Rum-selling does more harm than all of them, and in fact leads to them all." Or. " It is the business of the legislature to protect the public from harm, and this is the greatest of all harms." There are about half a dozen common statements in vogue, of which the above two are fair samples. At one of our recent discussions both the above statements were made with great emphasis. As the first of these is fully answered in another part of this work, I may add, in this connection, that in reply to the second statement, namely, " that it is the function of the legislature to protect the people against harm," I mentioned in the discussion sev- eral vices which no one proposes to punish, any one of which is doing more harm than all the crimes committed in the country. I said, " Here before me is a large audience. Not a person in it but has suffered from vices ; indeed, that is what we mean by the imperfection of human nature. When we depart from perfection it is a vice. Everybody is guilty of vices. The people in this audience, forty years old, are as old as they should be at fifty, or perhaps sixty. Their teeth are decayed, and they have imperfect diges- tion. They do not enjoy the fu.ll and happy play of all their powers and faculties, and the greater part of all this waste comes of vices. There are certain secret vices which cannot be named before this audience, which are doing more to break down our vital force, make us prema- turely old, and fetter our souls, than all the crimes com- mitted in the country, and the legislature can do nothing to cure them. " Tobacco is doing more injury to the minds and bodies of our nation than all the murder, and theft, and bur- THE TEMPERANCE QUESTION. 77 glary, jand arson committed in it ; and the legislature can do nothing whatever to cure the tobacco curse. " Table excesses are doing a thousand times more to cripple us, make us prematurely old, and darken our pathway, than all the crimes committed in the country ; and the legislature can do nothing at all to relieve the people of the vice of gluttony. " Corsets are doing more harm than all the murder, and theft, and arson, and burglary in the land j and, if the legislature were to devote itself for ten years exclu- . sively to devising measures to remove the corset curse, it would end by increasing it. u The use of intoxicating drinks is an awful curse, and does more harm every year than any wisdom less than the Infinite can measure, and, like all the other vices of which I have spoken, contributes to that demoralization of men and women which leads to crime, but it is entirely beyond the reach of law." XV. HENRY D. GUSHING, ESQ., of Boston, an intelligent and conscientious prohibitionist, with an enviable record among the friends of temperance and the prohibition leaders, has greatly interested me by his courteous bear- ing and his philosophical patience with all differences of opinion. The following brief correspondence with that excellent gentleman requires no explanation. "BOSTON, Feb. 26, 1875. j " HENRY D. GUSHING, ESQ. " My dear Sir : Our conversation of this morning about prohibition suggests certain inquiries. " You said that the individual citizen has no rights 78 THE TRUE SOLUTION OF which the government is bound to respect, when in its judgment the rights of the individual stand in the way of the welfare of the community. I asked you if you did . not use the word ' rights,' when applied to the govern- ment, in the sense of power if you did not mean simply that the government has the power to coerce individuals, or, in other words, that a thousand men are stronger than one, and you replied that you did not mean this, but that you meant that it was right in the government to do whatever, in its judgment, would serve society, no matter what suffering or loss might come to any particular individual. Permit me to ask the following questions : " First : The attractions of dry-goods and jewelry stores lead women to wasteful expenditures. Do you think the legislature has a right to forbid such tempta- tions ? " Second : Do you believe our legislators have the right to regulate the cooking in the Parker House, if they think the appetizing dishes now furnished in that hotel lead people to excessive indulgence ? " Third : If a merchant were to open a dry-goods house in Commonwealth Avenue, and thus injure the value of the property in that fine street for private resi- dences (as such a store most certainly would), do you hold that the legislature would have the right to close that store ? " Fourth : Do you think, if our legislature should reach the conclusion that Dr. Miner's faith is pernicious, it would have a right to forbid his preaching ? "Fifth: Do you believe that the legislature of Mas- sachusetts has a right to suppress the Boston Post, if, in the judgment of that body, the politics of this newspaper are inimical to the public welfare ? THE TEMPERANCE QUESTION. 79 " Sixth : Do you believe that the Inquisition had a right to torture and kill Protestants ? " Seventh : Do you believe the individual man has any right, which is sacred, inviolable, and inalienable, and if so, what is that right? " Yours, truly, "Dio LEWIS." "BOSTON, March 2, 1875. " DR. Dio LEWIS. " My dear Sir : You understood me rightly. I spoke of the rigM, not the power, to make laws. I said the State must take, and ought to take many private rights, and that its right to take them had no limit but the pub- lic good. " The old axiom is right. ' Tlie public good is the supreme law.' Aside from constitutions, the public good is the object and only limit of the law-making power. Law rightfully forbids crime. But if crime did not injure the State, it ought to be left in the domain of con- science and moral suasion. " The right of the law-making power to command or forbid, has a wide field beyond questions of crime or merit, guilt or innocence. It rightfully seizes the crazy man, or one who has the small-pox or cholera, however innocent. It dictates the education of my children: compels me to pay for educating other people's children; forbids hiring them to work more than the hours it pre- scribes; orders me to make my brick walls twenty inches thick ; prescribes my drainage ; tells me how many dollars' worth of police, street gas, and sidewalk I want ; makes me pay the bills, and in many other ways makes about as free with my private rights as if I never had any. All this it has a right to do. My right must yield to the public good. 80 THE TRUE SOLUTION OF 11 It would, in my judgment, be very unwise, foolish, absurd, wrong, for the law-making power to interfere in either of the cases mentioned in your six first questions. But I wish to be definite to the very limit of possibility, and will therefore refer to your fourth and fifth ques- tions. " If a sect or a party cost the United States six hun- dred millions a year, and did no other harm, the right to squelch it would be questionable. But if, in addition to the direct cost, it lessened production, increased taxa- tion, corrupted the ballot, deprived one tenth of the people of proper food, fuel, shelter, and clothing, doubled the number of criminals and paupers, and was equally pernicious to every other ordinary object of government, the public good would justify, would give the right, would (aside from constitutional restriction) make it the duty of the law-making power to snuff out the sect or party if it could. The same standard of right will apply to all but the seventh question. " To your seventh question I say, in a case of most extreme peril, involving the life of the State, such a case as occurs in war, there is no private right that the State may not take if necessary to save its life. The right is in proportion to the necessity. " The right to life is one of the most sacred of indi- vidual rights. The State rightfully took the lives of Confederate soldiers. Half, more or less, were innocent, involuntary conscripts. Government just as truly sacri- ficed its own soldiers. If the State can rightfully take the lives of multitudes of its most meritorious citizens in a case of the most extreme necessity, it can rightfully take lesser rights in cases of less necessity. " When the State suffers an injury, it must consider whether it can apply a legal remedy, and also whether the injury is great enough to justify the remedy. The THE TEMPERANCE QUESTION. 81 right is in proportion to the necessity and efficacy of the remedy. Any -law sufficiently essential to the public good, is EIGHT. "Very truly yours, H. D. GUSHING." Mr. Gushing gives what he calls an old axiom " The public good is the supreme law." I have never heard of such an axiom, but I have heard that " The public safety is the supreme law." And the whole difference between the views I am advocating, and the views of the prohi- bitionists, js found in the difference between the two words " good " and " safety." The public " safety " is endangered by an armed inva- sion, by a great conflagration, by contagion, or the like, and in their presence the rights of individuals must give way. " Necessity knows no law." 'But this maxim applies only in cases where the dan- ger is so imminent, and the necessity so imperative, as to make a law, for the time being. The public " good " is endangered by false religious and political theories, by errors in dress, sleep, food and drinks, neither of which can be touched by law. When the Mill River reservoir gave way, the man who saw it was justified in seizing his neighbor's horse, rushing down the valley, shouting, " The waters are coming ! run for your lives ! " But for a man to seize his neighbor's horse, and rush through the street shriek- ing that somebody is about to sell a 'glass of lager, is a different case. If my good friend Gushing were to seize a horse in Washington Street, and tear up toward Rox- bury, screaming at the top of his voice, " Turn out ! turn out ! for God's sake ! turn out ! Jim Biles is about to sell Pete Smith a glass of whiskey," or " Mrs. Jones is lacing her corset too tight," the chances are, that instead 82 THE TRUE SOLUTION OF of the police court holding that the public safety justi- fied the seizure of the horse, my friend would have to send round to ask me to bail him out. Instead of its being a maxim that " the public good is the supreme law," one of the wisest of all sayings was, that a wrong done to the humblest individual by the gov- ernment (that is, the violation of any one of his rights of person or property) is a wrong done to the whole people. And this is true, because, if one man's personal rights can be violated by the State with impunity, then all the rights of all the people may be violated with impunity. The greatest u public good " that any government is capable of, is to secure to each and every individual the free and full enjoyment of all his natural rights of person and property. I put to Mr. Gushing seven questions, which I ask the reader to peruse again. Mr. Gushing replies that he thinks it would be " very unwise, foolish, absurd and wrong," for the legislature to interfere in either of the cases given, but he says they have a perfect right to interfere. When I ask him if the legislature has the right to suppress Universalism, to suppress the newspapers of the opposition party, rich and indigestible food, and all displays of dry goods or jewelry which may tempt to waste, and whether the Inquisition had a right to tor- ture and kill Protestants, I ask him these questions, because I know Mr. Gushing stands very high among prohibitionists, will be admitted by them to be good authority, and withal has the pluck to say, without re- serve, exactly what the prohibitionists hold to be the rights of the government. My seventh question was, " Do you believe the indi- vidual man has any right which is sacred, inviolable, and inalienable, and if so, what is that right ? ;; THE TEMPERANCE QUESTION. 83 My friend replies that the individual man has no right which is sacrei, inviolable, and inalienable. In regard to the other matters mentioned in Mr. Cush- ing's letter, I have to say that some of them are else- where fully answered in this work. In regard to the others, I have to say further, that government no doubt does a great many things which it has no right to do ; and perhaps some of those mentioned by Mr. Gushing may be among the number. He indorses everything the government does, whether individual rights are thereby invaded or not. I indorse nothing that invades individual rights, except in such cases of great necessity as have been mentioned. It is the highest duty of government to protect individual rights ; it is tyranny to trample upon them. In what, pray, does tyranny consist, except in trampling upon individual rights? My neighbor A owns and occupies a house. It is not denied that the government may blow it up to save the city. That right is inalienable. But has A no right in that house, which under any circumstances, is inalienable ? Suppose there is no conflagration ; suppose there is no invasion, and no contagion ; suppose it is a time of peace, and health, and insurance prosperity, and that A is a good citizen : has he any right to that house which is sacred and inviolable? We see what Mr. Gushing, speaking for the prohibitionists, would answer. He goes so far as to declare that the Inquisition had a right to torture and kill protestants for their religious opinions. But addressing myself to others who are not commit- ted to prohibition, I submit that the individual man has rights which are sacred, inviolable, and inalienable. And I submit that with rare exceptions legislation is based upon the assumption that the individual has such rights, 6 84 THE TRUE SOLUTION OF and that the great object of government is the protec- tion of 'those rights. So sacred is the territory within the circle drawn about the individual, that if I touch another man never so lightly, and entirely by accident, I say to him in- stantly, " I beg your pardon." If a man retires within his house and locks his door, the exigency must be great which will justify a trespass upon his premises, even by officers of the law. Or if he be outside his house, and have in his pocket a million dollars, his creditors cannot touch it, so great is the awe of this sacred personality. All civilized nations feel that the great object of gov- ernment is to stand guard around the rights of the indi- vidual. The crime of monarchical governments is the violation of the rights of the individual. In fact, this is the only crime of any government. And at the bottom, this is the only possible crime among men. The duty of government the only duty, is to protect the individual. That thing called society is a creature of the imagination. If you look for it, you cannot find it. You will find one in- dividual, two individuals, a million individuals, but you may look all your life for society, and you will not find it. There is a vast deal of harm done by this talk about the rights and wrongs of society. There is a seeming propriety under a monarchy, where a king rules by divine right, where a king is the government, in speak- ing of the rights of the State. Under such circum- stances, an individual man has his rights, and the State has other distinct and peculiar rights. But in a country like ours, all talk about the rights of the State has no meaning, and is mischievous. We have borrowed the language of monarchical countries, and continue to speak of the State as a distinct entity, a separate creature, with head and heart, with rights and authority, as a somebody THE TEMPERANCE QUESTION. 85 who may be offended. You will hear it said that the conduct of this or that man has injured society. Now, if you will leave your house and begin to look for the society which has been injured, you may go down street, and either keep straight ahead, or turn to the right or left, you will not find society, but you will find men and women. It is these that are injured, if anybody is injured, and when the government needs to interfere, it must interfere on behalf of these individuals. Mr. Gushing, in one form or another, repeats the same idea in every paragraph. It is all the time the good of the public, or the public good, or injury to the State, or the rights of government. His one idea from the first to the last paragraph is, that the State is one thing, and the individual another ; that the State has its rights, and the individual man his obligations. This one error, inherited from the East- ern continent, has done more harm in America than all other errors inherited from monarchical govern- ments. Mr. Gushing says that " the public good is the object and only limit of the law-making power." Now, the fact is, that the " public good " is no part of the object of the law-making power. Its only object is the protection of the natural rights of individuals. It has nothing what- ever to do with the public. It owes nothing to the public. There is no public. All this talk about the public, or society, is, consciously or unconsciously, a mere trick of politicians and others to dodge responsibility. It is the same sort of trick that individuals, who are members of corporations, resort to when they do things as members of a corporation which they would be ashamed to do as individual men. An eminent Englishman, who had had long and inti- mate acquaintance with public men, declared that he had 86 THE TRUE SOLUTION OF never seen men, however good as private citizens, three of whom would not, as public men, divide a murder be- tween them. This is pretty strong, but contains more than a grain of truth. A gentleman, who would not think of saying to his neighbor, <4 You shall not believe this, or eat that, or drink the other," has no hesitation, when he is one in a legislative assembly, to pass a law forbidding anything. XVI. I TAKE the liberty to submit the following paragraphs upon points already mentioned. The aspects of the subject presented in this work are somewhat novel, and, therefore, a little repetition may not prove unaccept- able. It is not denied that Massachusetts has to-day upon her statute-book other laws involving the same violation of personal liberty as Prohibition ; but every law inter- fering with personal vices is simply on the statute-book, but has no practical vitality. For example : prostitution is an enormous evil, and we have a severe statute against it ; but as a matter of fact, if a house of prostitution be conducted in a quiet, unobtrusive way, no matter how much it may depre- ciate the value of property in the neighborhood, and disgust decent neighbors, the authorities cannot break it up. If any Prohibitionist can devise a method by which the authorities can break up such a house, it would be easy to sell his discovery to the property holders of New York city for a hundred million of dollars. There are many neighborhoods in that city where the residents have raised heaven and earth to break up such estab- THE TEMPERANCE QUESTION. 87 lishments, and the authorities have been only too willing to help them ; but the result, after the most determined efforts, has been this : that until such an establishment becomes a nuisance, not a nuisance in the moral sense, but a nuisance in the legal sense, it. is impossible to break it up. The courts of New York city have gone very far, and used the most questionable means, in defer- ence to the wishes of property-holders, but the final result is, that the establishment remains. Just such troubles between respectable neighbors and questionable houses have marked the history of Boston. But except where the houses have exhibited improper sights or sounds, or imparted disease, or in other ways become a legal nuisance, they have maintained their ground. There are a great many property-holders in Boston who know this to their sorrow. Scattered throughout the city there are unnumbered rooms over stores and other places of business, and in private houses, occupied by persons who are living in the relation of husband and wife, without legal marriage. There are not two punishments for every hundred thou- sand violations of the statute against such intimacies. Gambling is very common in our city. There is a great number of rooms or suites of rooms devoted to this vice. In club-houses and many hotels, gambling may be found every night, and often lasting all night. . The police know to-day of a great number of these places, where on any night they may find gambling. The number of violations of the statute against gam- bling known to the police is, during the year, enormous. Not one violation in a thousand which are known, or might easily be known, is punished. The sale of a glass of grog in the Commonwealth of Massachusetts is, to-day, against a statute, and punish- able by fine and imprisonment. Gambling is a crime 88 THE TRUE SOLUTION OF punishable by fine and imprisonment. Sexual intimacy, without marriage, is a crime punishable by fine and im- prisonment. Now, if we add the transgressions of these three stat- ute laws, we shall find that, at a low estimate, there are more than ten millions a month. Here we have ten million violations of statute law, in this city, in a single month. And these violations hurt the physical and moral life of the people more in one day than murder, theft, burglary, and arson affect us in a year. Now, I ask, why cannot we enforce such statute laws ? When we understand that these are vices, and not fit subjects for civil law, it is all plain. It then becomes plain how it is easy to punish by law the crime of theft, which does less harm in ten years than rum does in one day, but that the matchless curse of drink we can- not grapple with by law. How any man can look over such facts, and declare that vices and crimes are all alike punishable by law, is a mystery. If a man steal a handful of peanuts, you can punish him by law, as sure as fate. But that cook, who pre- pares dishes so appetizing, that a half dozen promising young men, who go to take a late supper with him every night, ruin their health, and, if you please, destroy their lives cannot fee punished by law. The men had a right to eat what they pleased, and as much as they pleased. I grant you it was a wretched vice ; and I grant you that the cook was an accomplice in that vice, but he committed no crime. His case is not one that you can punish by law. You may argue, and you may convince everybody in the Commonwealth, if they are not already convinced, that eating late suppers of rich food is an unmitigated curse. But if our legislators were such fools as to "make THE TEMPERANCE QUESTION. 89 a statute against the preparation of luscious food, and the eating of it at unseasonable hours, they would greatly increase the evil. Thousands who never eat such foods, and never eat at unseasonable hours, would flock to res- taurants, and sitting down at midnight, with the State constables appointed to enforce the law, would eat many an extra dish to the health of the legislature. Eating between meals is an injurious habit. Suppose now, in view of the great harm done by this habit, the legislature were to pass a. law that no one should furnish anything to eat between meals. Does anybody doubt that eating between meals would become "the regular custom of. the country, and a hundred persons would eat between meals where one does now ? The change last spring in Ohio, when the elections came on, was most significant. I pleaded with the noble women who were leading in the great crusade move- ment, to keep it out of politics. I said to them, " If you consent to interest yourselves in the election of a tem- perance ticket, and thus associate your movement with the government, it will have as little vitality as religion has in those countries where it is uride-r the protection of the government." I explained to them that the best moral or religious cause, if linked with the civil govern- ment, would, like the Church of England, lose all fervor and power. But, as I have said in another place, the men in Ohio thought that, now the grog-shops were closed, the only thing to do was to crystallize the public sentiment into a law, and thus make it permanent. As soon as this decis- ion was arrived at in any locality, the rum- shops were soon in full blast again. That people can't see the philosophy of this, that they can't see that linking the temperance movement with 90 THE TRUE SOLUTION OF politics, will paralyze and emasculate it, astonishes me. There is not a social, or moral, or religious movement, or virtue, among us, which may not be killed by the fos- tering care of the government. The Universalist church has just emerged from perse- cution. The conduct of our State toward that church was outrageous. But now all its disabilities have been removed, and Universalists are as good as anybody. But suppose that when forty-nine fiftieths of the mem- bers of our legislature honestly believed that to take hell out of religion was to open the flood-gates of every con- ceivable vice and crime, suppose at that time that a law- had been enacted, forbidding the Universalist faith, and forbidding ah 1 persons to preach Universalism, would it not have been precisely parallel to the prohibitory liquor law ? Prohibitionists teach that it is the duty of the government to watch over the people, and protect them from harm. When the legislature believed, per- haps without an exception, that a flood of vice and crime was imminent by taking hell out of religion, was there ever an hour in the history of New England when the legislature was more solemnly bound to act, to act promptly, without fear or favor, to rescue the people from impending calamity ? If the prohibitory liquor law is right in principle, the legislature of this State was guilty before God of the most infamous cow- ardice and dereliction of duty in not squelching Univer- salism. If the prohibitory law is right in principle, no body of men in the history of the world achieved a nobler career than the Spanish Inquisition. Pray, what are the bodies of men ? " What doth it profit a man if he gain the whole world and lose his own soul ? " The inquisi- THE TEMPERANCE QUESTION. 91 tors conscientiously believed that a certain faith was indispensable to the salvation of the soul. Their duty was plain and imperative. Jf the prohibitory liquor law is right in principle, why was not the Spanish Inquisition right? and why would not the legislature of Massachusetts have been justified in the enactment of laws against Universalism ? It is constantly urged that the prohibitory law is an educator. I suppose some persons may be honest in this opinion, but nothing is better settled than that pre- mature legislation operates most prejudicially to the cause or interest in behalf of which the enactment was secured. When a law is placed upon the statute-book which is not an exponent of public sentiment, it not only does not tend to lift up public sentiment, but it always provokes opposition, and arouses prejudice against the cause which it is designed to serve. The prohibitory liquor law in Massachusetts is a strik- ing illustration. It never has been the voice of -the people, but it did much more nearly represent, public sentiment fifteen years ago than it does to-day. That is to say, while the law has been in existence in the State twenty years, occupying the attention of news- papers, and the public generally, nTbre than all other laws put together, it has signally failed as an educator. Indeed, in the recent election, a large army of Republi- cans, who, ten years ago, would not have broken with their party on the ground of prohibition, did so break in the gubernatorial election of 1874. It is doubtful if any device can be imagined, whose influence would prove less educational than premature legislation, even if the evil aimed at were a proper sub- ject of civil law. 92 THE TRUE SOLUTION OF But the question constantly recurs, What would you do with reference to the sale of intoxicating drinks? Hb.you go for free rum, for license, or what ? European governments have found it convenient to raise a large revenue by granting licenses for the sale of intoxicating drinks. While a pretence of guardian- ship has everywhere been put forward, quite as much in connection with the lager beer shops of Germany as the gin shops of England, practically no such guardian- ship is exercised. If a row occurs in these shops, they are brought into court, under the nuisance act, which is a part of the common law. Surely no one who has observed the character of the persons engaged in this bad trade in Europe, and in this country, will contend that the license system secures " persons of good moral character." We have inherited from our European ancestors this notion of license, and have continued it in America, in considerable part, for the same reason as in Europe, viz., as a source of revenue. No one supposes that we keep the business in the hands of persons of " good -moral character." Many persons seem to think that all you can gain by law, or by threats and punishment, is " so far, so good." But does any thoughtful man believe that the little temporary impression, here and there, upon the liquor traffic, by the prohibitory law, can counterbalance the contempt for State constables and law which has come of seeing thousands of grog-shops going boldly forward, year after year, in contemptuous defiance of legislation ? I believe the demoralizing influence of this failure is great beyond all calculation. Our prohibitory friends really seem to think that it would be well for the legislature to try a set-to with any THE TEMPERANCE QUESTION. 93 vice. They might pass some tremendous enactment against tobacco. Say, make a law punishing the use or sale of tobacco with fine and imprisonment. Or let the law be more severe ; let it call this offence a grave crime. In this way, the legislature might try a hack at it, and see how it would work. If the thing did not seem to work, after a few years of platform cursing of the officers of the law, let this law sleep, and try a tilt with some other abuse. I conscientiously believe that such thoughtless legis- lation demoralizes the people tenfold more than rum and tobacco. In regard to the crimes which are the only legitimate objects of legal punishment, there is no doubt. No one ever thinks of a " cut and try " treatment for crimes. If one man strikes another man, or steals his horse, the natural treatment is punishment. It is the universal instinct that crime must be punished ; and this instinct is quite as clear and strong among savage as among civilized people. The instinct is quite as universal that a man has a right to do as he pleases with himself and his own. Prohibition orators describe in glowing terms the darkness and sorrows of intemperance ; they describe the army of drunkards' wives, whose sad faces tell of broken hearts, and that innumerable army of drunkards 1 children, who hold up their rags toward heaven, and plead for help. And when the scene overwhelms us, they cry out, " Who would not vote to close up forever the sources of this black river of death ? Is there a man so void of sympathy and heart that he will refuse to vote for the removal of this awful curse ? " This is very ingenious and effective. But if the evils of gluttony, or any of the fifty vices common among men, 94 THE TRUE SOLUTION OF were depicted, and then the orator were to exclaim, " What man so void of human feeling as to refuse to vote for the removal of this curse from the world ? " he would be guilty of precisely the same sophistry, the same trick, as when he would make it appear that he who does not think that voting is the cure for this evil, lacks sympathy and heart. I will agree to the worst that can be said of the woes of intemperance, and then I would exclaim, " Who that has human- feeling can inter- fere with the use of the natural means of cure, by drag- ging the sacred subject of temperance into the arena of politics ? " In some manufacturing villages in New England the proprietors have cured intemperance by giving the poor a chance to own their homes. A man who owns a house and little garden is not a tenth part as likely to get drunk as the man who is a tenant at will in one of those houses, in a factory row, without garden and without distinctive character. A man who has the means to dress his children neatly, and who sees them, in school and at picnics, mingling with other well-dressed and happy children, has a very strong incentive to sobriety. If you go to England, and see the wretched poverty on every hand, you are no longer surprised that the English are such drunkards. We hear it stated in prohibition speeches that the reason for the non-enforcement of the prohibitory law is the fact that capital and appetite unite to defend it. Let capital and avarice unite to defend stealing, and do you think the law against stealing would fail ? Does anybody really believe that selling rum to sane men who ask for it, is a crime like stealing ? If the man THE TEMPERANCE QUESTION. 95 who buys it, is what the law calls non compos mentis, then it is a crime to sell him rum, or a knife, or a pistol ; but if a man is compos mentis, is it a crime to sell him rum, or a knife, or a pistol ? A glass of rum may do great harm ; a pistol may do great harm ; to sell either of them to an insane man, is a grave crime. But to say to a man who is compos mentis, " You shall not have a glass of rum or a pistol," is a sort of outrage and insult which needs but to be re- peated to drive men away from each other, and destroy human society. A table surfeit may kill a man, and to give an insane man an opportunity to surfeit himself, might be a crime. But it is the talk of a fool to say that nine men who are compos mentis shall not be permitted to manage their own eating and drinking, because one man might hurt himself. Extravagant or false statements hurt the person making them, and weaken his cause. If, in commenting upon the character of some person who has been guilty of a slight fault, I say he is an infernal scoundrel, the sense of justice rises in every listener, and I shall fail to "hurt the person I criticise. We have greatly injured the temperance cause by our false statements about ram-sellers. We have cursed them as enemies of the human race, as retailers of liquid damnation, as keepers of hell holes, as devils seeking the destruction of their fellows. I know a dozen Boston rum-sellers. Part of them are of the best class, and a part of the worst. Some of these I have known somewhat intimately for years. They are not devils. They are not seeking the destruc- tion, of their fellows, but for the greater part they wish their fellows well. They are fair, good-hearted men, and when we go about with subscription papers on 96 THE TRUE SOLUTION OF behalf of a good tiling, they are as likely to subscribe liberally as other folks. To speak of such men in the slang whang of the temperance lecturer, is not to hurt them, but the temperance cause. Temperance speakers talk about rum-sellers as though they went out into the public highway, seized men, and dragged them in. Such speakers should be informed that rum-sellers do not conduct their business in this way. I may add that in a large majority of rum-shops the proprietors discourage, many of them to the point of blank refusal, the drinking of any more liquor than they think is good for their customers. Many of them hon- estly believe that a few social glasses will hurt no one. When we learn to tell the truth, confining our remarks to an honest statement about the use of their miserable poisons, when we stop lying, and utter our convictions about their trade in a reasonable and earnest spirit, they will begin to feel, and keenly feel, the force of our influence. Governor Talbot, with members of his council, and the Hon. Joshua Nye, addressed a meeting in East Boston, on the occasion of the second anniversary of the founding of the children's " Cold Water Temple." My excellent friend Mr. Lewis, editor of the East Boston Advocate, who is the head and front of this most important and beneficent movement, in making his report at the opening of the exercises, mentioned that the rum- sellers of East Boston had given more money to help his movement, than all the churches ; that in explanation, they declared that they did not wish to see their chil- dren or their neighbors' children learn to drink. And my good friend Burnham Wardwell, the devoted friend of discharged convicts, writes me from Great Falls, N. H., " I have been holding a series of temper- THE TEMPERANCE QUESTION. 97 artce meetings in this place, which are doing great good, and every dollar for hall, printing, and personal expenses, has been contributed by rum-sellers and drunkards." A few years ago everybody thought rum a good thing, and almost everybody drank it. My grandfather was a deacon in a Baptist church, and a distiller. He was a very prayerful man, but I suppose that for each prayer uttered by him in the ear of Heaven, he sent out, for the stomachs of his fellow-men, five hundred gallons of peach brandy and whiskey. He was a very conscientious man, and yet he was an active distiller for forty years. Alcoholic drinks were just as bad then as now. Thou- sands of people to-day think that these drinks are good. Doctors prescribe them, and nineteen people out of twenty think they are good under some circumstances.- If a man sells drink, shall we pronounce him a black-hearted villain ? With my convictions, stealing is a better busi- ness than rum-selling. But my convictions on this subject are not those of many men, who are better than I am, I doubt not, in many respects. Many of our most honorable citizens defend strong drink, both in theory and practice. That they are most grievously mistaken, and that they stand directly in the way of the most im- portant moral movement in the history of the world, I have not a shadow of doubt. It will not take us long now to convince them of their error, provided we stop insulting and bullying them. A man who thinks that to use reason, persuasion, and brotherly love upon a rum-drinker or rum-seller, and vary it occasionally with a slap or a kick, any man who supposes that kicks and kindness can be made to work together, in converting rum-drinkers or rum-sellers, or anybody else, has never looked into his own soul. When you take the case to yourself, you will realize the litter impossibility of making two such radically different 98 THE TRUE SOLUTION OF agencies work together. The mixing of oil and water is nothing to it. If we were to go to Dr. Miner, and tell him that we be- lieve his theology to be an enemy to public morality, and take possession of his pulpit, he would cry out at once, " I will not discuss theology with you. Give me my pulpit. Give me my own. Treat me as a man. Recog- nize my rights, and then, if you come in the proper spirit, I shall be happy to discuss theology with you." If we should go into the Connecticut valley, and tell old Deacon Bosworth that raising tobacco is a sin and a crime, and take possession of his farm, instead of lis- ening to our physiological and moral reasons, he would say, " Get off my place. Give me back my property, and then if you come in a courteous and kind spirit, I will listen to you." My neighbor's theology, or his diet, or his drinks, or his tobacco trade, or corset trade, or whiskey trade, I may condemn ; I think it is an enemy to public morality, and I go to him. I carry in my left hand, if you please, the real Christian spirit, call it love, and I offer love, but behind my back I hold in my right hand a black snake whip. I keep that concealed, and go on with my love. Of course I do not go forward very heartily, for my mind is divided between the love and the whip. I am thinking all the time, that if he doesn't succumb to love, I will try the black snake. He asks me, after listening to my love, " What have you in the other hand, behind your back ? " I reply, " No matter. I offer you love." But I am all the time thinking whether I have the black snake entirely concealed. After listening to me, he again asks, " What have you in the other hand ? " THE TEMPERANCE QUESTION. 99 At length I show my whip ; and at once he will cry out, " I want none of your love, and none of your black snake whip ; leave me." Or, if you please, I go to him and talk in the most loving way, and altogether in that spirit. Do you think the case would be helped, if, alternating with my visits, my neighbor should go to insult and kick him? No manly man need go any farther to answer this question, than to look within his own breast. The common objection to depending on moral suasion is, that it is too slow. The evil is so great, and the dan- ger so appalling, we can't wait. Citizens of Massachusetts who have watched the futile efforts to enforce prohibition, say that moral suasion is too slow, and that we must have a law, in order to cure immediately. In conversation with a prohibitionist re- cently, one who has had a great deal to do with the attempts to enforce prohibition in Boston, he said, " I believe in moral suasion. I believe that public sentiment is more enduring and reliable than the vigi- lance of a constable, and should be very glad if we could wait for the employment of this force alone : but we must have something which will cure the evil now." And here in Boston, after twenty years of prohibition, we have to-day, including drug-stores and groceries, where intoxicating drinks can be purchased without let or hindrance, not less than five thousand rum-shops. And yet my prohibitory friend thought we must have law in order to cure the evil immediately. The woman's movement and the Washingtonian move- ment combined, have removed the dram-shops in towns of five to ten thousand inhabitants, in a month ; and I have not a shadow of doubt, if we could get rid of this 7 100 THE TRUE SOLUTION OF vain dependence upon the constable, that the same com- bination would march triumphantly through our large cities ; but the friends of prohibition would say, " We can't wait for such tedious processes ; we must have something which will do it quick," as in Maine, where, after twenty-five years of prohibition, the official reports of the State officers, elected on the temperance ticket, show that the number of insane through intem- perance, and the number of arrests for drunkenness, have constantly, and of late rapidly, increased under prohibi- tory law. The Washingtoriian temperance movement actually saved three hundred thousand drunkards, and created a vital temperance sentiment throughout the civilized world ; but prohibitionists declare, " We can't depend upon such tedious processes. We dust have some agen- cy which will cure at once." Our prohibitory friends frequently declare that they are warmly in favor of moral suasion, that they believe love is the great remedy for the evils of intemperance ; but does anybody remember ever to have heard any one of our leading prohibitionists really advocate anything but force ? I am free to say that I never have. Are any of our leading prohibitionists made on the moral suasion or love plans ? How silly to concentrate this grand temperance move- ment upon an effort to make drinkers go round an extra square, or compel them to go to a drug store, or grocery, or agency. Of course everybody knows that these diffi- culties only whet the appetite, only lead to a thousand expedients to overcome the obstacles. Everybody knows, or ought to know enough of human nature to see that private drinking clubs, and a hundred and one other dodges, will lead a great many persons who would not THE TEMPERANCE QUESTION. 101 indulge in what is vulgarly called " perpendicular dimfe- ing/ 7 into a passion for drink. I have never heard reasonable beings talk such nonsense as when they propose to turn this great tem- perance reform, the glory of the century, into an effort to shut up a certain class of opep ,drin]dng places,; really pretending to believe that thirs%Macn;wlio, stic^'&t nothing, who would sacrifice 'everything; on eai;th >tp get, drink, who think of nothing else day 'or iliglit^Vill/if : they fail to find their drink in the old, familiar places, quit looking for it, and become sober citizens. Alcohol must be sold in a great many places, and for a great variety of purposes. A victim of the alcoholic appetite wants nothing better. Diluted alcohol is better than most of the spirituous liquors. Is anybody foolish enough to believe that a man who would crawl a mile on his hands and knees for drink, would fail in obtaining alcohol enough to feed his appetite ? And this is the only class of drinkers that the prohibitory law hits. Re- spectable people can obtain through the groceries, and drug-stores, and clubs, as much of any sort of liquors as, they please. The prohibitory law is directed practically against poor creatures, already the bound victims of appetite. Now let us suppose it were possible to close retail drinking- places by law (though the result of the deter- mined effort in Maine shows it to be impracticable), what would be accomplished ? Why, the lowest class of drinkers could not find their drinks at five or ten cents in the old places. But surely no man is weak enough to think that they cannot obtain the stuff in a bottle, either by personal application, or through a friend, and get as much in this way for ten cents as they generally get at retail for thirtj r cents. 102 THE TRUE SOLUTION OF But it is asked, What is the real secret of the popu- larity of the prohibitory law ? I would answer, In the first place, there is a disposition, among all governments, to trench upon the rights of the people, and especially upon the rights of the helpless portions. The history, of Legislation upen the rights of women, is a paijcful, ,nOi; to- siy shocking, illustration of this tendency. Tbe.rigk.t^of drinking men are recklessly disregarded. They arc victims of a wretched vice, and their vice leads to crime and expense, but their rights are as inaliena- ble, and should be held as sacred, as the rights of any class of the people. It is a most dangerous step to dis- regard the rights even of that class of our citizens. In the second place, it is a very nice, dignified method of conducting the temperance movement. It is hard work, and disagreeable work, to go down into the gutters, and slums, and dens, as in the Washingtonian days, and put the arms of our fraternal love about our unfortunate and wretched brothers. It soils our clothes and inter- feres with our pleasures, but it is a very easy thing to frame a law which grandly expresses our sovereign dis- approbation and detestation of a vice, and then direct the constable to attend to it. It would be impossible to exaggerate the evils of in- temperance. More should be done to remove these evils in one year, than has been done in a century. That we should pretend to be a Christian people, and give our- selves to money-making, and fashion, and pleasure, while the untold multitude of the victims of intemper- ance sink into their graves in wailing and sorrow, at our very feet, is, before heaven, a crying shame. This black tide may be turned back it must be turned back. Now, what do prohibitionists propose to do ? THE TEMPERANCE QUESTION. 103 In the first place they do not propose to punish gro- cers for selling liquors for cooking purposes ; druggists for selling liquors for medicinal purposes ; they do not propose to punish people for keeping liquors in their own houses, drinking it themselves, and treating their friends ; they do not propose to interfere with the organ- ization of drinking clubs, a sort of institution which has led thousands of the better class of young men (who would never have drank at open bars) to become habitual drinkers ; they do not propose to interfere with the keeping of alcohol and other spirits, on every hand, where these things are used for a hundred different pur- poses ; they do not propose to interfere with these and twenty other open doors to drink, because they know that all such interference is impracticable ; but what they do propose to do is, to forbid and punish the sale of drink in grog-shops. As I have shown in another part of this work, it is very doubtful whether the complete enforce- ment of this prohibitory law would not, after a few months, actually increase the amount of liquors con- sumed ; but let us assume that the quantity drank would be decreased, is the percentage of the evil which can be thus removed, a case like an armed invasion, or the prev- alence of small-pox, or a great conflagration, where the public safety may ride down individual rights ? There are some men who seem to think that they were born to control other men. They are always asking, " What ought somebody else to do ? " and if that some- body won't do it, " How shall we compel him ? " They proceed in this way : Resolved, That the saints should govern the world. Resolved, That we are the saints. They are always down on sinners. 104 THE TEMPERANCE QUESTION. Our Puritan fathers were opposed to bear-fights, but the reason they gave was curious. It was not that the bears would suffer, but that sinners enjoyed it. I know a man who does not reside in Boston, but who always comes to our city on the occasion of any important gathering of tfre friends of prohibition. I have never seen that man, except he was in a public meeting, or at the dinner table, that he was not smok- ing. I have been told by a friend of his, that he does about sixteen strong cigars a day. I do not know a man in the State who is a more determined Prohibi- tionist. Some people seem to have a remarkable facility for discovering other people's vices. Perhaps that is the natural order it certainly is the general one. Per- haps it was intended that we should neglect the beam in our own eye, and devote ourselves to removing the mote in our brother's eye. But if that is the natural order, we ought to employ reason and persuasion in our efforts to cure the vices of our fellows. I trust I shall not be misunderstood, when I suggest, that if the friends of Prohibition throughout the country would give an hour every evening, after supper, to visit- ing, in the old Washingtonian brotherly spirit, their neighbors who may be the victims of drink, they would accomplish more for the cause of temperance in a month, than the prohibitory liquor law has achieved in twenty years. And if, in addition to these calls on their drinking neighbors, they would encourage their wives to wait upon rum-sellers, in such manner and spirit as in their judgment, as ladies, might seem best, men and women, thus working together, would make short work of the rum curse. SECOND. VICES ARE NOT CRIMES. A VINDICATION OF MORAL LIBERTY. 1ST O T E IN this argument the distinction between vice and crime is fundamental. It is important that this distinc- tion should be stated tersely, and in the technicalities -and formulas of the lawyer. I have, therefore, requested a legal friend to do it for me. And he has kindly contributed the following essay, which seems to me to cover the whole ground, and to show the correctness of the principle in all its applica- tions. It seems to me to be not only a clearly legal statement of the question, but also a truly philosophical view of a man's relations to government, and to his fellow-men ; and to show that on no other principle can there be any such thing as personal liberty, or rights of property, except such as mere arbitrary power may see fit to concede. 108 VICES ARE NOT CRIMES. I. TTICES are those acts by which a man harms himself or V his property. Crimes are those acts by which one man harms the person or property of another. Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property. In vices, the very essence of crime that is, the de- sign to injure the person or property of another is wanting. . It is a maxim of the law that there can be no crime without a criminal intent ; that is, without the intent to invade the person or property of another. But no one ever practises a vice with any such criminal intent. He practises his vice for his own happiness solely, and not from any malice toward others. Unless this clear distinction between vices and crimes be made and recognized by the laws, there can be on earth no such thing as individual right, liberty, or prop- erty ; no such things as the right of one man to the con- trol of his own person and property, and the correspond- ing and co-equal rights of another man to the control of his own person and property. 109 110 VICES ARE NOT CRIMES. For a government to declare a vice to be a crime, and to punish it as such, is an attempt to falsify the very na- ture of things. It is as absurd as it would be to declare truth to be falsehood, or falsehood truth. ii. TWERY voluntary act of a man's life is either virtuous J_J or vicious. That is to say, it is either in Accordance, or in conflict, with those natural laws of matter and mind, on which his physical, mental, and emotional health and well-being depend. In other words, every act of his life tends, on the whole, either to his happiness, or to his unhappiness. No single act in his whole existence is indifferent. Furthermore, each human being differs in his physical, mental, and emotional constitution, and also in the circum- stances by which he is surrounded, from every other human being. Many acts, therefore, that are virtuous, and tend to happiness, in the case of one person, are vicious, and tend to unhappiness, in the case of another person. Many acts, also, that are virtuous, and tend to happi- ness, in the case of one man, at one time, and under one set of circumstances, are vicious, and tend to unhappiness, in the case of the same man, at another time, and under other circumstances. in. TO know what actions are virtuous, and what vicious. in other words, to know what actions tend, on the waole, to happiness, and what to unhappiness, in the VICES ARE NOT CRIMES. Ill case of each and every man, in each and all the condi- tions in which they may severally be placed, is the pro- foundest and most complex study to which the greatest human mind ever has been, or ever can be, directed. It is, nevertheless, the constant study to which each and every man the humblest in intellect as well as the greatest is necessarily driven by the desires and neces- sities of his own existence. It is also the study in which each and every person, from his cradle to his grave, must necessarily form his own conclusions ; because no one else knows or feels, or can know or feel, as he knows and feels, the desires and necessities, the hopes, and fears, and impulses of his own nature, or the pressure of his own circumstances. IV. IT is not often possible to say of those acts that are called vices, that they really are vices, except in de- gree. That is, it is difficult to say of any actions, or courses of action, that are called vices, that they really would have been vices, if they had stopped short of a certain point. The question of virtue or vice, therefore, in all such cases, is a question of quantity and degree, and not of the intrinsic character of any single act, by itself. This fact adds to the difficulty, not to say the impossibility, of any one's except each individual for himself draw- ing any accurate line, or anything like any accurate line, between virtue and vice ; that is, of telling where virtue ends, and vice begins. And this is another reason why this whole question of virtue and vice should be left for each person to settle for himself. 112 VICES ARE NOT CRIMES. V. YICES are usually pleasurable, at least for the time being, and often do not disclose themselves as vices-, by their effects, until after they have been practised for many years ; perhaps for a lifetime. To many, perhaps most, of those who practise them, they do not disclose themselves as vices at all during life. Virtues, on the other hand, often appear so harsh and rugged, they re- quire the sacrifice of so much present happiness, at least, and the results, which alone prove them to be virtues, are often so distant and obscure, in fact, so absolutely in- visible to the minds of many, especially of the young, that, from the very nature of things, there can be no uni- versal, or even general, knowledge that they are virtues. In truth, the studies of profound philosophers have been expended if not wholly in vain, certainly with very small results in efforts to draw the lines between the virtues and the vices. If, then, it be so difficult, so nearly impossible, in most cases, to determine what is, and what is not, vice ; and especially if it be so difficult, in nearly all cases, to de- termine where virtue ends, and vice begins ; and if these questions, which no one can really and truly determine for anybody but himself, are not to be left free and .open for experiment by all, each person is deprived of the highest of all his rights as a human being, to wit : his right to inquire, investigate, reason, try experiments, judge, and ascertain for himself, what is, to him, virtue, and what is, to him, vice ; in other words, what, on the whole, conduces to his happiness, and what, on the whole, tends to his unhappiness. If this great right is not to be left free and open to all, then each man's whole right, as VICES ARE NOT CRIMES. 113 a reasoning human being, to " liberty and the pursuit of happiness/' is denied him. VI. E all come into the world in ignorance of ourselves, and of everything around us. By a fundamental law of our natures we are all constantly impelled by the desire of happiness, and the fear of pain. But we have everything to learn, as to what will give us happiness, and save us from pain. No two of us are wholly alike, either physically, mentally, or emotionally; or, conse- quently, in our physical, mental, or emotional require- ments for the acquisition of happiness, and the avoidance of unhappiness. No one of us, therefore, can learn this indispensable lesson of happiness and unhappiness, of virtue and vice, for another. Each must learn it for himself. To learn it, he must be at liberty to try all experiments that commend themselves to his judgment. Some of his experiments succeed, and, because they suc- ceed, are called virtues ; others fail, and, because they fail, are called vices. He gathers wisdom from his fail- ures, as well as from his successes ; from his so-called vices, as from his so-called virtues. He gathers wisdom as much from his failures as from his successes ; from his so-called vices, as from his so-called virtues. Both are necessary to his acquisition of that knowledge of his own nature, and of the world around him, and of their adaptations or non-adaptations to each other which shall show him how happiness is acquired, and pain avoided. And, unless he can be permitted to try these experi- ments to his own satisfaction, he is restrained from the acquisition of knowledge, and, consequently, from pur- suing the great purpose and duty of his life. 114 VICES ARE NOT CRIMES. VII. A MAN is under no obligation to take anybody's word, or yield to anybody's authority, on a matter so vital to himself, and in regard to which no one else has, or can have, any such interest as he. He cannot, if he would, safely rely upon the opinions of other men, because he finds that the opinions of other men do not agree. Cer- tain actions, or courses of action, have been practised by many millions of men, through successive generations, and have been held by them to be, on the whole, con- ducive to happiness, and therefore virtuous. Other men, in other ages or countries, or under other conditions, have held, as the result of their experience and observa- tion, that these actions tended, on the whole, to unhappi- ness, and were therefore vicious. The question of virtue or vice, as already remarked in a previous section, has also bee'n, in most minds, a question of degree ; that is, of the extent to which certain actions should be carried ; and not of the intrinsic character of any single act, by itself. The questions of virtue and vice have therefore been as various, and, in fact, as infinite, as the varieties of mind, body, and condition of the different individuals inhabiting the globe. And the experience of ages has left an infinite number of these questions unsettled. In fact, it can scarcely be sdid to have settled any of them. VIII. IN the midst of this endless variety of opinion, what man, or what body of men, has the right to say, in regard to any particular action, or course of action, " We VICES ARE NOT CRIMES. 115 have tried this experiment, and determined every ques- tion involved in it? We have determined it, not only for ourselves, but for all others ? And, as to all those who are weaker than we, we will coerce them to act in obe- dience to our conclusion ? We will suffer no further ex- periment or inquiry by any one, and, consequently, no further acquisition of knowledge by anybody?" Who are the men who have the right to say this ? Certainly there are none such. The men who really do say it, are either shameless impostors and tyrants, who would stop the progress of knowledge, and usurp absolute control over the minds and bodies of their fellow-men ; and are therefore to be resisted instantly, and to the last extent ; or they are themselves too ignorant of their own weaknesses, and of their true relations to other men, to be entitled to any other consideration than sheer pity or contempt. We know, however, that there are such men as these in the world. Some of them attempt to exercise their power only within a small sphere, to wit, upon their chil- dren, their neighbors, their townsmen, and their country- men. Others attempt to exercise it on a larger scale. For example, an old man at Rome, aided by a few subor- dinates, attempts to decide all questions of virtue and vice; that is, of truth or falsehood, especially in matters of religion. He claims to know and teach what religious ideas and practices are conducive, or fatal, to a man's happiness, not only in this world, but in that which is to come. He claims to be miraculously inspired for the performance of this work ; thus virtually acknowledging, like a sensible man, that nothing short of miraculous in- spiration would qualify him for it. This miraculous in- spiration, however, has been ineffectual to enable him to settle more than a very few questions. The most impor- tant of these are, first, that the highest religious virtue 8 116 VICES ARE NOT CRIMES. to which common mortals can attain, is an implicit belief in his (the pope's) infallibility! and, secondly, that the blackest vices of which they can be guilty, are to believe and declare that he is only a man like the rest of them ! It required some fifteen or eighteen hundred years to enable him to reach definite conclusions on these two vital points. Yet it would seem that the first of these must necessarily be preliminary to his settlement of any other questions ; because, until his own infallibility is determined, he can authoritatively decide nothing else. He has, however, heretofore attempted or pretended to settle a few others. And he may, perhaps, attempt or pretend to settle a few more in the future, if he shall continue to find anybody to listen to him. But his suc- cess, thus far, certainly does not encourage the belief that he will be able to settle all questions of virtue and vice, even in his peculiar department of religion, in time to meet the necessities of mankind. He, or his succes- sors, will undoubtedly be compelled, at no distant day, to acknowledge that he has undertaken a task to which all his miraculous inspiration was inadequate ; and that, of necessity, each human being must be left to settle all questions of this kind for himself. And it is not unrea- sonable to expect that all other popes, in other and lesser spheres, will some time have cause to come to the same conclusion. No one, certainly, not claiming supernatural inspiration, should undertake a task to which obviously nothing less than such inspiration is adequate. And, clearly, no one should surrender his own judgment to the teachings of others, unless he be first convinced that these others have something more than ordinary human knowledge on this subject. If those persons, who fancy themselves gifted with both the power and the right to define and punish other men's vices, would but turn their thoughts inwardly, they would VICES ARE NOT CRIMES. 117 probably find that they have a great work to do at home ; and that, when that shall have been completed, they will be little disposed to do more towards correcting the vices of others, than simply to give to others the results of their experience and observation. In this sphere their labors may possibly be useful ; but, in the sphere of in- fallibility and coercion, they will probably, for well-known reasons, meet with even less success in the future than such men have met with in the past. IX. IT is now obvious, from the reasons already given, that government would be utterly impracticable, if it were to take cognizance of vices, and punish them as crimes. Every human being has his or her vices. Nearly all men have a great many. And they are of all kinds ; physiological, mental, emotional ; religious, social, commercial, industrial, economical, &c., &c. If govern- ment is to take cognizance of any of these vices, and punish them as crimes, then, to be consistent, it must take cognizance of all, and punish all impartially. The consequence would be, that everybody would be in prison for his or her vices. There would be no one left outside to lock the doors upon those within. In fact, courts enough could not be found to try the offenders, nor prisons enough built to hold them. All human in- dustry in the acquisition of knowledge, and even in acquiring the means of subsistence, would be arrested ; for we should all be under constant trial or imprisonment for our vices. But even if it were possible to imprison all the vicious, our knowledge of human nature tells us that, as a general rule, they would be far more vicious in prison than they ever have been out of it. 118 VICES ARE NOT CRIMES. X. A GOVERNMENT that shall punish all vices impar- tially is so obviously an impossibility, that nobody was ever found, or ever will be found, foolish enough to propose it. The most that any one proposes is, that gov- ernment shall punish some one, or at most a few, of what he esteems the grossest of them. But this discrimina- tion is an utterly absurd, illogical, and tyrannical one. What right has any body of men to say, " The vices of other men we, will punish ; but our own vices nobody shall punish? We will restrain other men from seeking their own happiness, according to their own notions of it ; but nobody shall restrain us from seeking our own happiness, according to our. own notions of it ? We will restrain other men from acquiring any experimental knowledge of what is conducive or necessary to their own happiness ; but nobody shall restrain us from acquir- ing an experimental knowledge of what is conducive or necessary to our own happiness?" Nobody but knaves or blockheads ever thinks of making such absurd assumptions as these. And yet, evidently, it is only upon such assumptions that anybody can claim the right to punish the vices of others, and at the same time claim exemption from punishment for his own. XI. SUCH a thing as a government, formed by voluntary association, wtmld never have been thought of, if the object proposed had been the punishment of all vices, impartially j because nobody wants such an institution, VICES ARE NOT CRIMES. 119 or would voluntarily submit to it. But a government, formed by voluntary association, for the punishment of all crimes, is a reasonable matter; because everybody wants protection for himself against all crimes by others, and also acknowledges the justice of his own punishment, if he commits a crime. XII. IT is a natural impossibility that a government should have a right to punish men for their vices; because ii^ is impossible that a government shoulc have any rights, except such as the individuals composing it had previously had, as individuals. They could not delegate to a government any rights which they did not them- selves possess. They could not contribute to the gov- ernment any rights, except such as they themselves possessed as individuals. Now, nobody but a fool or an impostor pretends that he, as an individual, has a right to punish other men for their vices. But anybody and everybody have a natural right, as individuals, to punish other men for their crimes ; for everybody has a natural right, not only to defend his own person and property against aggressors, but also to go to the assistance and defence of everybody else, whose person or property is invaded. The natural right of each individual to defend his own person and property against an aggressor, and to go to the assistance and defence of every one else whose person or property is invaded, is a right without which men could not exist on the earth. And govern- ment has no rightful existence, except in so far as it embodies, and is limited by, this natural right of indi- viduals. But the idea that each man has a natural right to sit in judgment on all his neighbor's actions, and 120 VICES ARE NOT CRIMES. decide what are virtues, and what are vices, that is, what contribute to that neighbors happiness, and what do not, and to punish him for all that do not contribute to it, is what no one ever had the impudence or folly to assert. It is only those who claim that government has some rightful power, ivhicli no individual or individuals ever did, or ever could, delegate to it, that claim that government has any rightful power to punish vices* It will do for a pope or a king who claims to have received direct authority from Heaven, to rule over his fellow-men to claim the right, as the vicegerent of God, to punish men for their vices ; but it is a sheer and utter absurdity for any government, claiming to derive its power wholly from the grant of the governed, to claim any such power; because everybody knows that the governed never would grant it. For them to grant it would be an absurdity, because it would be granting away their own right to seek their own happiness ; since to grant away their right to judge of what will be for their happiness, is to grant away all their right to pursue their own happiness. XIII. E can now see how simple, easy, and reasonable a matter is a government for the punishment of crimes, as compared with one for the punishment of vices. Crimes are few, and easily distinguished from all other acts ; and mankind are generally agreed as to what acts are crimes. Whereas vices are innumerable ; and no two persons are agreed, except in comparatively few cases, as to what are vices. Furthermore, everybody wishes to be protected, in his person and property, against the aggressions of other men. But nobody wishes VICES ARE NOT CRIMES. 121 to be protected, either in his person or property, against himself; because it is contrary to the fundamental laws of human nature itself, that any one should wish to harm himself. He only wishes to promote his own happiness, and to be his own judge as to what will promote, and does promote, his own happiness. This is what every one wants, and has a right to, as a human being. And though we all make many mistakes, and necessarily must make them, from the imperfection of our knowledge, yet these mistakes are no argument against the right ; be- cause they all tend to give us the very knowledge we need, and are in pursuit of, and can get in no other way. The object aimed at in the punishment of crimes, there- fore, is not only wholly different from, but it is directly opposed to, that aimed at in the punishment of vices. The object aimed at in the punishment of crimes is to secure, to each and every man alike, the fullest liberty he possibly can have consistently with the equal rights^ of others to pursue his own happiness, under the guidance of his own judgment, and by the use of his own property. On the other hand, the object aimed at in the punishment of vices, is to deprive every man of his natural right and liberty to pursue his own happiness, under the guidance of his own judgment, and by the use of his own property. These two objects, then, are directly opposed to each other. They are as directly opposed to each other as are light and darkness, or as truth and falsehood, or as liberty and slavery. They are utterly incompatible with each other ; and to suppose the two to be embraced in one and the same government, is an absurdity, an impos- sibility. It is to suppose the objects of a government to be to commit crimes, and to prevent crimes ; to destroy individual liberty, and to secure individual liberty. 122 VICES ARE NOT CRIMES. XIV. "TT^INALLY, on this point of individual libert}' : Every JL man must necessarily judge and determine for him- self as to what is conducive and necessary to, and what is destructive of, his own well-being ; because, if he omits to perform this task for himself, nobody else can perform it for him. And nobody else will even attempt to per- form it for him, except in very few cases. Popes, and priests, and kings will assume to perform it for him, in certain cases, if permitted to do so. But they will, in general, perform it only in so far as they can minister to their own vices and crimes, by doing it. They will, in general, perform it only in so far as they can make him their fool and their slave. Parents, with better motives, no doubt, than the others, too often attempt the same work. But in so far as they practise coercion, or re- strain a child from anything not really and seriously dan- gerous to himself, they do him a harm, rather than a good. It is a law of Nature that to get knowledge, and to incorporate that knowledge into his own being, each individual must get it for himself. Nobody, not even his parents, can tell him the nature of fire, so that he will really know it. He must himself experiment with it, and be burnt by it, before he can know it. Nature knows, a thousand times better than any parent, what she designs each individual for, what knowledge he requires, and how he must get it. She knows that her own processes for communicating that knowledge are not only the best, out the only ones that can be effectual. The attempts of parents to make their children virtu- ous are generally little else than attempts to keep them VICES ARE NOT CRIMES. 123 in ignorance of vice. They are little else than attempts to teach their children to know and prefer truth, by keeping them in ignorance of falsehood. They are little else than attempts to make them seek and appreciate health, by keeping them in ignorance of disease, and of everything that will cause disease. They are little else than attempts to make their children love the light, by keeping them in ignorance of darkness. In short, they are little else than .attempts to make their children happy, by keeping them in ignorance of everything that causes them unhappiness. In so far as parents can really aid their children in the latter's search after happiness, by simply giving them the results of their (the parents') own reason and expe- rience, it is all very well, and is a natural and appro- priate duty. But to practise coercion in matters of which the children are reasonably competent to judge for themselves, is only an attempt to keep them in igno- rance. And this is as much a tyranny, and as much a violation of the children's right to acquire knowledge for themselves, and such knowledge as they desire, as is the same coercion when practised upon older persons. Such coercion, practised upon children, is a denial of their right to develop the faculties that Nature has given them, and to be what Nature designs them to be. It is a denial of their right to themselves, and to the use of their own powers. It is a denial of their right to acquire the most valuable of all knowledge, to wit, the knowledge that Nature, the great teacher, and the only reliable teacher, stands ready to impart to them. The results of such coercion are not to make the chil- dren wise or virtuouk, but to make them ignorant, and con- sequently weak and vicious ; and to perpetuate through them, from age to age, the ignorance, the superstitions, the vices, and the crimes of the parents. This is proved by every page of the world's history. 124 VICES ARE NOT CRIMES. Those who hold opinions opposite to these, are those whose false and vicious theologies, or whose own vicious general ideas, have taught them that the human race are naturally given to evil, rather than good ; to the false, rather than the true ; that mankind do not naturally turn their eyes to the light ; that they love darkness, rather than light ; and that they find their happiness only in those things that tend to their misery. XV. BUT these men, who claim that government shall use its power to prevent vice, will say, or are in the habit of saying, " We acknowledge the right of an indi- vidual to seek his own happiness in his own way, and consequently to be as vicious as he pleases ; we only claim that government shall prohibit the sole to him of those articles by which he ministers to his vice." The answer to this is, that the simple sale of any article whatever independently of the use that is to be made of the article is legally a perfectly innocent act. The quality of the act of sale depends wholly upon the quality of the use for which the thing is sold. If the use of anything is virtuous and lawful, then the sale of it, for that we, is virtuous and lawful. If the use is vicious, then the sale of it, for that use, is vicious. If the use is criminal, then the sale of it, for that use, is criminal. The seller is, at most, only an accomplice in the use that is to be made of the article sold, whether the use be virtuous, vicious, or criminal. Where the use is criminal, the seller is an accomplice in the crime, and punishable as such. But where the use is only vicious, the seller is only an accomplice in the vice, and is not punishable. VICES ARE NOT CRIMES. 125 XVI. BUT it will be asked, " Is there no right, on the part of government, to arrest the progress of those who are .bent on self-destruction ? " The answer is, that government has no rights what- ever in the matter, so long as these so-called vicious persons remain sane, compos mentis, capable of exercis- ing reasonable discretion and self-control; because, so long as they do remain sane, they must be allowed to judge and decide for themselves whether their so-called vices really are vices ; whether they really are leading them to destruction ; and whether, on the whole, they will go there or not. When they shall become insane, non compos mentis, incapable of reasonable discretion or self-control, their friends or neighbors, or the govern- ment, must take care of them, and protect them from harm, and against all persons who would do them harm, in the same way as if their insanity had come upon them from any other cause than their supposed vices. But because a man is supposed, by his neighbors, to be on the way to self-destruction, from his vices, it does not, therefore, follow that he is insane, non compos mentis, incapable of reasonable discretion and self-control, within the legal meaning of those terms. Menand women may be addicted to very gross vices, and to a great many of them, such as gluttony, drunkenness, prostitution, gambling, prize-fighting, tobacco-chewing, smoking, and snuffing, opium-eating, corset-wearing, idleness, waste of property, avarice, hypocrisy, &c., &c., and still be sane, compos mentis, capable of reasonable discretion and self-control, within the meaning of the law. And so long as they are sane, they must be permitted to control 126 VICES ARE NOT CRIMES. themselves and their property, and to be their own judges as to where their vices will finally lead them. It may be hoped by the lookers-on, in each individual case, that the vicious person will see the end to which he is tending, and be induced to turn back. But, if he chooses to go on to what other men call destruction, he must be permitted to do so. And all that can be said of him, so far as this life is concerned, is, that he made a great mistake in his search after happiness, and that others will do well to take warning by his fate. As to what may be his condition in another life, that is a theo- logical question with which the law, in this world, has no more to do than it has with any other theological ques- tion, touching men's condition in a future life. If it be asked how the question of a vicious man's sanity or insanity is to be determined? the answer is, that it is to be determined by the same kinds of evidence as is the sanity or insanity of those who are called virtu- ous ; and not otherwise. That is, by the same kinds of evidence by which the legal tribunals determine whether a man should be sent to an asylum for lunatics, or whether he is competent to make a will, or otherwise dispose of his property. Any doubt must weigh in favor of his sanity, as in all other cases, and not of his in- sanity. If a person really does become insane, non compos mentis, incapable of reasonable discretion or self-control, it is then a crime, on the part of other men, to give to him or sell to him, the means of self-injury.* And such a crime is to be punished like any other crime. There are no crimes more easily punished, no cases in which juries would be more ready to convict, than those * To give an insane man a knife, or any other weapon, or tiring, by which he is likely to injure himself, is a crime. VICES 'ARE NOT CRIMES. 127 where a sane person should sell or give to an insane one any article with which the latter was likely to injure himself. XVII. BUT it will be said that some men are made,. by their vices, dangerous to other persons; that a drunkard, for example, is sometimes quarrelsome and dangerous toward his family or others. And it will be asked, " Has the law nothing to do in such a case ? " The answer is, that if, either from drunkenness or any other cause, a man be really dangerous, either to his family or to other persons, not only himself may be right- fully restrained, so far as the safety of other persons re- quires, but all other persons who know or have reason- able grounds to believe him dangerous may also be restrained from selling or giving to him anything that they have reason to suppose will make him dangerous. But because one man becomes quarrelsome and danger- ous after drinking spirituous liquors, and because it is a crime to give or sell liquor to such a man, it does not follow at all that it is a crime to sell liquors to the hun- dreds and thousands of other persons, who are not made quarrelsome or dangerous by drinking them. Before a man can be convicted of crime in selling liquor to a dangerous man, it must be shown that the particular man, to whom the liquor was sold, was dangerous ; and also that the seller knew, or had reasonable grounds to suppose, that the man would be made dangerous by drinking it. The presumption of law is, in all cases, that the sale is innocent ; and the burden of proving it criminal, in any particular case, rests upon the government. And that particular case must be proved criminalj independently of all others. 128 VICES ARE NOT CRIMES. Subject to these principles, there is no difficulty in convicting and punishing men for the sale or gift of any article to a man 7 who is made dangerous to others by the use of it. XVIII. BUT it is often said that some vices are nuisances (public or private), and that nuisances can be abated and punished. It is true that anything that is really and legally a nuisance (either public or private) can be abated and punished. But it is not true that the mere private vices of one man are, in any legal sense, nuisances to another man, or to the public. No act of one person can be a nuisance to another, unless it in some way obstructs or interferes with that other's safe and quiet use or enjoyment of what is rightfully his own. Whatever obstructs a public highway, is a nuisance, and may be abated and punished. But a hotel where liquors are sold, a liquor store, or even a grog-shop, so called, no more obstructs a public highway, than does a dry goods store, a jewelry store, or a butcher's shop. Whatever poisons the air, or makes it either offensive or unhealthful, is a nuisance. But neither a hotel, nor a liquor store, nor a grog-shop poisons the air, or makes it offensive or unhealthful to outside persons. Whatever obstructs the light, to which a man is legally entitled, is a nuisance. But neither a hotel, nor a liquor store, nor a grog-shop, obstructs anybody's light, except in cases where a church, a school-house, or a dwelling- house would have equally obstructed it. On this ground, therefore, the former are no more, and no less, nuisances than the latter would be. VICES ARE NOT CRIMES. 129 Some persons are in the habit of saying that a liquor- shop is dangerous, in the same way that gunpowder is dangerous. But there is no analogy between the two cases. Gunpowder is liable to be exploded by accident, and especially by such fires as often occur in cities. For these reasons it is dangerous to persons and property in its immediate vicinity. But liquors are not liable to be thus exploded, and therefore are not dangerous nui- sances, in any such sense as is gunpowder in cities. But it is said, again, that drinking-places are frequently filled with noisy and boisterous men, who disturb the quiet of the neighborhood, and the sleep and rest of the neighbors. This may be true occasionally, though not very fre- quently. But whenever, in any case, it is true, the nuisance may be abated by the punishment of the pro- prietor and his customers, and if need be, by shutting up the place. But an assembly of noisy drinkers is no more a nuisance than is any other noisy assembly. A jolly or hilarious drinker disturbs the quiet of a neighborhood no more, and no less, than does a shouting religious fanatic. An assembly of noisy drinkers is no more, and no less, a nuisance than is an assembly of shouting religious fanatics. Both of them are nuisances when they disturb the rest and sleep, or quiet, of neighbors. Even a dog that is given to barking, to the disturbance of the sleep or quiet of the neighborhood, is a nuisance. XIX.' BUT it is said, that for one person to entice another into a vice, is a crime. This is preposterous. If any particular act is simply a vice, theu a man who entices another to commit it, ia 130 VICES ARE NOT CRIMES. simply an accomplice in the vice. He evidently commits no crime, because the accomplice can certainly commit no greater offence than the principal. Every person who is sane, compos mentis, possessed of reasonable discretion and self-control, is presumed to be mentally competent to judge for himself of all the argu- ments, pro and con, that may be addressed to him, to persuade him to do any particular act ; provided no fraud is employed to deceive him. And if he is persuaded or induced to do the act, his act is then his own ; and even though the act prove to be harmful to himself, he cannot complain that the persuasion or arguments, to which he yielded his assent, were crimes against himself. When fraud is practised, the case is, of course, differ- ent. If, for example, I offer a man poison, assuring him that it is a safe and wholesome drink, and he, on the faith of my assertion, swallows it, my act is a crime. Volenti non fit injuria, is a maxim of the law. To the ic filing no injury is done. That is, no legal wrong. And every person who is sane, compos mentis, capable of exer- cising reasonable discretion in judging o the truth or falsehood of the representations or persuasions to which he yields his assent, is " willing," in the view of the law ; and takes upon himself the entire responsibility for his acts, when no intentional fraud has been practised upon him. This principle, that to the loitting no injury is done, has no limit, except in the case of frauds, or of persons not possessed of reasonable discretion for judging in the particular case. If a person possessed of reasonable dis- cretion, and not deceived by fraud, consents to practise the grossest vice, and thereby brings upon himself the greatest moral, physical, or pecuniary sufferings or losses, he cannot allege that he has been legally wronged. To illustrate this principle, take the case of rape. To have VICES ARE NOT CRIMES. 131 carnal knowledge of a woman, against her witt, is the highest crime, next to murder, that can be committed against her. But to have carnal knowledge of her, with her consent, is no crime ; but at most, a vice. And it is usually holden that a female child, of no more than ten years of age, has such reasonable discretion, that her consent, even though procured by rewards, or promises of reward, is sufficient to convert the act, which would otherwise be a high crimefinto a simple act of vice.* We see the same principle in the case of prize-fighters. If I but lay one of my fingers upon another man's person, against his will, no matter how lightly, and no matter how little practical injury is done, the act is a crime. But if two men agree to go out and pound each other's faces to a jelly, it is no crime, but only a vice. Even duels have not generally been considered crimes, because each man's life is his own, and the parties agree that each may take the other's life, if he can, by the use of such weapons as are agreed upon, and in con- formity with certain rules that are also mutually as- eented to. And this is a correct view of the matter, unless it can be said (as it probably cannot), that " anger is a mad- ness *' that so far deprives men of ttieir reason as to make them incapable of reasonable discretion. Gambling is another illustration of the principle that to the willing no injury is done. If I take but a single cent of a man's property, without his consent, the act is a crime. But if two men, who are compos mentis, possessed * The statute book of Massachusetts makes ten years the age at which a female child is supposed to have discretion enough to part with her virtue. But the same statute book holds that no person, man or woman, of any age, or any degree of wisdom or experience, has dis- cretion enough to be trusted to buy and drink a glass of spirits, on his or her own judgment! What an illustration of the legislative wisdom of Massachusetts ! 9 132 VICES ARE NOT CRIMES. of reasonable discretion to judge of the nature and prob- able results of their act. sit down together, and each vol- untarily stakes his money against the money of another, on the turn of a die, and one of them loses his whole estate (however large that may be), it is no crime, but only a vice. It is not a crime, even, to assist a person to commit suicide, if he be in possession of his reason. It is a somewhat common idea that suicide is, of itself, conclusive evidence of insanity. But, although it may ordinarily be very strong evidence of insanity, it is by no means conclusive in all cases. Many persons, in un- doubted possession, of their reason, have committed sui- cide, to escape the shame of a public exposure for their crimes, or to avoid some other great calamity. Suicide, in these cases, may not have been the highest wisdom, but it certainly was not proof of any lack of reasonable discretion.* And being within the limits of reasonable discretion, it was no crime for other persons to aid it, either by furnishing the instrument or otherwise. And ifj in such cases, it be no crime to aid a suicide, how ab- surd to say that it is a crime to aid him in some act that is really pleasurable, and which a large portion of man- kind have believed to be useful ? * Cato committed suicide to avoid falling into the hands of Caesar. Who ever suspected that he was insane? Brutus did the same. Colt committed suicide only an hour or so before he was to be hanged. He did it to avoid bringing upon his name and his family the disgrace of having it said that he was hanged. This, whether a really wise act or not, was clearly an act within reasonable discretion. Does any one suppose that the person who furnished him with the necessary instru- ment was a criminal ? VICES ARE NOT CRIMES. 133 sx. BUT some persons are in the habit of saying that the use of spirituous liquors is the great source of crime ; that " it fills our prisons with criminals ; " and that this is reason enough for prohibiting the sale of them. Those who say this, if they talk seriously, talk blindly and foolishly. They evidently mean to be understood as saying that a very large percentage of all the crimes that 'are committed among men, are committed by persons whose criminal passions are excited, at the time, by the use of liquors, and in consequence of the use of liquors. This idea is utterly preposterous. In the first place, the great crimes committed in the world are mostly prompted by avarice and ambition. The greatest of all crimes are the wars that are car- ried on by governments, to plunder, enslave, and destroy mankind. The next greatest crimes committed in the world are equally prompted by avarice and ambition ; and are com- nitted, not on sudden passion, but by men of calculation, who keep their heads cool and clear, and who have no thought whatever of going to prison for them. They are committed, not so much by men who violate the laws, as by men who, either by themselves or by their instruments, make the laws; by men who have combined to usurp arbitrary power, and to maintain it by force and fraud, and whose purpose in usurping and maintaining it is, by unjust and unequal legislation, to secure to themselves such advantages and monopolies as will enable them to control and extort the labor and properties of other men, and thus impoverish them, in order to minister to their own wealth and aggrandizement.* The robberies and 134: VICES ARE NOT CRIMES. wrongs thus committed by these men, in conformity with the laws, that is, their own laws, are as mountains to molehills, compared with the crimes committed by all other criminals, in violation of the laws. But, thirdly, there are vast numbers of frauds, of vari- ous kinds, committed in the transactions of trade, whose perpetrators, by their coolness and sagacity, evade the operation of the laws. And it is only their cool and clear heads that enable them to do it. Men under the excite- ment of intoxicating drinks are little disposed, and ut- terly unequal, to the successful practice of these frauds. They are the most incautious, the least successful, the least efficient, and the least to be feared, of all the crimi- nals with whom the laws have to deal. Fourthly. The professed burglars, robbers, thieves, forgers, counterfeiters, and swindlers, who prey upon so- ciety, are anything but reckless drinkers. Their busi- ness is of too dangerous a character to admit of such risks as they would thus incur. Fifthly. The crimes that can be said to be committed under the influence of intoxicating drinks are mostly assaults and batteries, not very numerous, and generally not very aggravated. Some other small crimes, as petty thefts, or other small trespasses upon property, are some- * An illustration of this fact is found in England, whose government, for a thousand years anJ more, has been little or nothing else than a band of robbers, who have conspired to monopolize the land, and, as far as possible, all other wealth. These conspirators, calling them- selves kings, nobles, and freeholders, have, by force and fraud, taken to themselves all civil and military power; they keep themselves in power solely by force and fraud, and the corrupt use of their wealth ; and they employ their power solely in robbing and enslaving the groat body of their own people, and in plundering and enslaving other peo- ples. And the world has been, and now is, full of examples substan- tially similar. And the governments of our own country do not differ so widely from others, in this respect, as some of us imagine. VICES ARE NOT CRIMES. 135 times committed, under the influence of drink, by feeble- minded persons, not generally addicted to crime. The persons who commit these two kinds of crime are but few. They cannot be said to " fill our prisons ; " or, if they do, we are to be congratulated that we need so few prisons, and so small prisons, to hold them. The State of Massachusetts, for example, has a million and a half of people. How many of these are now in prison for crimes not for the vice of intoxication, but for crimes committed against persons or property under the instigation of strong drink ? I doubt if there be one in ten thousand, that is, one hundred and fifty in all ; and the crimes for which these are in prison are mostly very small ones. And I think it will be found that these few men aro generally much more to be pitied than punished, for the reason that it was their poverty and misery, rather than any passion for liquor, or for crime, that led them to drink, and thus led them to commit their crimes under the influence of drink. The sweeping charge that drink " fills our prisons with criminals " is made, I think, only by those men who know no better than to call a drunkard a criminal ; and who have no better foundation for their charge than the shameful fact that we are such a brutal and senseless people, that we condemn and punish such weak arid un- fortunate persons as drunkards, as- if they were criminals. The legislators who authorize, and the judges who practise, such atrocities as these, are intrinsically crim- inals ; unless their ignorance be such as it probably is not as to excuse them. And, if they were themselves to be punished as criminals, there would be more reason in our conduct. A police judge in Boston once told me that he was in the habit of disposing of drunkards (by sending them to 138 VICES ARE NOT CRIMES. most, merely an accomplice of the drinker. And it is a rule of law, as well as of reason, that if the principal in any act is not punishable, the accomplice cannot be. . 2. A second answer to the argument is, that if govern- ment has the right, and is bound, to prohibit any one act that is not criminal merely because it is supposed to tend to poverty, then, by the same rule, it has the right, and is bound, to prohibit any and every other act though not criminal which, in the opinion of the govern- ment, tends to poverty. And, on this principle, the gov- ernment would not only have the right, but would be bound, to look into every man's private affairs, and every person's personal expenditures, and determine as to which of them did, and which of them did not, tend to poverty ; arid to prohibit and punish all of the former class. A man would have no right to expend a cent of his own property, according to his own pleasure or judgment, un- less the legislature should be of the opinion that such expenditure would not tend to poverty. 3. A third answer to the same argument is, that if a man does bring himself to poverty, and even to beggary, cither by his virtues or his vices, the government is Bunder no obligation whatever to take care of him, unless it pleases to do so. It may let him perish in the street, or depend upon private charity, if it so pleases. It can carry out its own free will and discretion in the matter ; for it is above all legal responsibility in such a case. It is not, necessarily, any part of a government's duty to provide for the poor. A government that is, a legiti- mate government is simply a voluntary association of individuals, who unite for such purposes, and only for such purposes, as suits them. If taking care of the poor whether they be virtuous or vicious be not one of those purposes, then the government, as a government, has no more right, and is no more bound, to take care of. VICES ARE NOT CRIMES'. 139 them, than has or is a banking company, or a railroad company. Whatever moral claims a poor man whether he be virtuous or vicious may have upon the charity of his fellow-men, he has no legal claims upon them. He must depend wholly upon their charity, if they so please. He cannot demand, as a legal right, that they either feed or clothe him. And he has no more legal or moral claims upon a government which is but an association of individuals than he has upon the same, or any other individuals, in their private capacity. Inasmuch, then, as a poor man whether virtuous or vicious has no more or other claims, legal or moral, upon a government, for food or clothing, than he has upon private persons, a government has no more right than a private person to control or prohibit the expen- ditures or actions of an individual, on the ground that they tend to bring him to poverty. Mr. A, as an individual, has clearly no right to prohibit any acts or expenditures of Mr. Z, through fear that such acts or expenditures may tend to bring him(Z) to poverty, and that he (Z) may, in consequence, at some future un- known time, come to him (A) in distress, and ask charity. And if A has no such right, as an individual, to prohibit any acts or expenditures on the part of Z, then govern- ment, which is a mere association of individuals, can have no such right. Certainly no man, who is compos mentis, holds his right to the disposal and use of his own property, by any such worthless tenure as that which would authorize any or all of his neighbors, whether calling themselves a gov- ernment or not, to interfere, and forbid him to make any expenditures, except such as they might think would not tend to poverty, and would not tend to ever bring him to them as a supplicant for their charity. 140 VICES ARE NOT CRIMES. Whether a man, wfao is compos mentis, come to poverty, through his virtues or his vices, no man, nor body of men, can have any right to interfere with him, on the ground that their sympathy may some time be appealed to in his behalf; because, if it should be appealed to, they are at perfect liberty to act their own pleasure or discretion as to complying with his solicitations. This right to refuse charity to the poor whether the latter be virtuous or vicious is one that governments always act upon. No government makes any more pro- vision for the poor than it pleases. As a consequence, the poor are left, to a great extent, to depend upon pri- vate charity. In fact, they are often left to suffer sick- ness, and even death, because neither public nor private charity comes to their aid. How absurd, then, to say that government has a right to control a man's use of his own property, through fear that he may sometime come to poverty, and ask charity. 4. Still a fourth answer to the argument is, that the great and only incentive which each individual man has to labor, and to create wealth, is that he may dispose of it according to his own pleasure or discretion, and for the promotion of his own happiness, and the happiness of those whom he loves.* Although a man may often, from inexperience or want of judgment, expend some portion of the products of his labor injudiciously, and so as not to promote his highest welfare, yet he learns wisdom in this, as in all other matters, by experience ; by his mistakes as well as by his successes. And this is the only way in which lie can learn wisdom. When he becomes convinced that he has made one foolish expenditure, he learns thereby not to make * It is to this incentive alone that we are indebted for all the wealth that has ever been created by human labor, and pccuoulated for the benefit of mankind. VICES ARE NOT CRIMES. 141 another like it. And he must be permitted to try his own experiments, and to try them to his own satisfac- tion, in this as in all other matters ; for otherwise he has no motive to labor, or to create wealth at all. Any man, who is a man, would rather be a savage, and be free, creating or procuring only such little wealth as he could control and consume from day to day, than to be a civilized man, knowing how to create and accumu- late wealth indefinitely, and yet not permitted to use or dispose of it, except under the supervision, direction, and dictation of a set of meddlesome, superserviceable fools and tyrants, who, with no more knowledge than himself, and perhaps with not half so much, should assume to con- trol him, on the ground that he had not the right, or the capacity, to determine for himself as to what he would do with the proceeds of his own labor. 5. A fifth answer to the argument is, that if it be the duty of government to watch over the expenditures of any one person, who is compos mentis, and not criminal, to see what ones tend to poverty, and what do not, and to prohibit and punish the former, then, by the same rule, it is bound to watch over the expenditures of all other persons, and prohibit and punish all that, in its judgment, tend to poverty. If such a principle were carried out impartially, the result would be, that all mankind would be so occupied in watching each other's expenditures, and in testifying against, trying, and punishing such as tended to poverty, that they would have no time left to create wealth at all. Everybody capable of productive labor would either be in prison, or be acting as judge, juror, witness, or jailer. It would be impossible to create courts enough to try, or to build prisons enough to hold, the offenders. All pro- ductive labor would cease ; and the fools that were so intent on preventing poverty, would not only all come to 142 VICES ARE NOT CRIMES. poverty, imprisonment, and starvation themselves, but would bring everybody else to poverty, imprisonment, and starvation. 6. If it be said that a man may, at least, be rightfully compelled to support his family, and, consequently, to abstain from all expenditures that, in the opinion of the government, tend to disable him to perform that duty, various answers might be given. But this one is suffi- cient, viz. : that no man, unless a fool or a slave, would acknowledge any family to be his, if that acknowledg- ment were to be made an excuse, by the government, for depriving him, either of his personal liberty, or the con- trol of his property. When a man is allowed bis natural liberty, and the con- trol of his property, his family is usually, almost univer- sally, the great paramount object of his pride and affec- tion ; and he will, not only voluntarily, but as his highest pleasure, employ his best powers of mind and body, not merely to provide for them the ordinary necessaries and comforts of life, but to lavish upon them all the luxuries and elegancies that his labor can procure. A man enters into no moral or legal obligation with his wife or chidren to do anything for them, except what he can do consistently with his own personal freedom, and his natural right to control his own property at his own discretion. If a government can step in and say to a man, who is compos mentis, and who is doing his duty to his family, as he sees his duty, and according to his best judgment, however imperfect that may be, " We (the government) suspect that you are not employing your labor to the best advantage for your family; we sus- pect that your expenditures, and your disposal of your property, are not so judicious as they might be, for the interest of your family ; and therefore we (the govern- VICES ARE NOT CRIMES. 143 merit) will take you and your property under our special surveillance, and prescribe to you what you may, and may not do, with yourself and your property; and your fam- ily shall hereafter look to us (the government), and not to you, for support " if a government can do this, all a man's pride, ambition, and affection, relative to his family, would be crushed, so far as it would be possible for human tyranny to crush them ; and he would either never have a family (whom he would publicly acknowledge to be his), or he would risk both his property and his life in overthrowing such an insulting, outrageous, and insuffer- able tyranny. And any woman who would wish her hus- bandhe being compos mentis to submit to such an unnatural insult and wrong, is utterly undeserving of his affection, or of anything but his disgust and contempt. And he would probably very soon cause her to under- stand that, if she chose to rely on the government, for the support of herself and her children, rather than on him, she must rely on the government alone. XXII. STILL another and all-sufficient answer to the argument that the use of spirituous liquors tends to poverty, is that, as a general rule, it puts the effect before the cause. It assumes that it is the use of the liquors that causes the poverty, instead of its being the poverty that causes the use of the liquors. Poverty is the natural parent of nearly all the igno- rance, vice, crime, and misery there are in the world.* * Except those great crimes, which the few, calling themselves gov- ernments, practise upon the many, by means of organized, systematic extortion and tyranny. And it is only the poverty, ignorance, and con- sequent weakness of the many, that enable the combined and organized few to acquire and maintain such arbitrary power over them. 142 VICES ARE NOT CRIMES. poverty, imprisonment, and starvation themselves, but would bring everybody else to poverty, imprisonment, and starvation. 6. If it be said that a man may, at least, be rightfully compelled to support his family, and, consequently, to abstain from all expenditures that, in the opinion of the government, tend to disable him to perform that duty, various answers might be given. But this one is suffi- cient, viz. : that no man, unless a fool or a slave, would acknowledge any family to be his, if that acknowledg- ment were to be made an excuse, by the government, for depriving him, either of his personal liberty, or the con- trol of his property. When a man is allowed bis natural liberty, and the con- trol of his property, his family is usually, almost univer- sally, the great paramount object of his pride and affec- tion ; and he will, not only voluntarily, but as his highest pleasure, employ his best powers of mind and body, not merely to provide for them the ordinary necessaries and comforts of life, but to lavish upon them all the luxuries and elegancies that his labor can procure. A man enters into no moral or legal obligation with his wife or chidren to do anything for them, except what he can do consistently with his own personal freedom, and his natural right to control his own property at his own discretion. If a government can step in and say to a man, who is compos mentis, and who is doing his duty to his family, as he sees his duty, and according to his best judgment, however imperfect that may be, " We (the government) suspect that you are not employing your labor to the best advantage for your family; we sus- pect that your expenditures, and your disposal of your property, are not so judicious as they might be, for the interest of your family ; and therefore we (the govern- VICES ARE NOT CRIMES. 143 merit) will take you and your property under our special surveillance, and prescribe to you what you may, and may not do, with yourself and your property; and your fam- ily shall hereafter look to us (the government), and not to you, for support " if a government can do this, all a man's pride, ambition, and affection, relative to his family, would be crushed, so far as it would be possible for human tyranny to crush them ; and he would either never have a family (whom he would publicly acknowledge to be his), or he would risk both his property and his life in overthrowing such an insulting, outrageous, and insuffer- able tyranny. And any woman who would wish her hus- band he being compos mentis to submit to such an unnatural insult and wrong, is utterly undeserving of his affection, or of anything but his disgust and contempt. And he would probably very soon cause her to under- stand that, if she chose to rely on the government, for the support of herself and her children, rather than on him, she must rely on the government alone. XXII. STILL another and all-sufficient amswer to the argument that the use of spirituous liquors tends to poverty, is that, as a general rule, it puts the effect before the cause. It assumes that it is the use of the liquors that causes the poverty, instead of its being the poverty that causes the use of the liquors. Poverty is the natural parent of nearly all the igno- rance, vice, crime, and misery there are in the world.* * Except those great crimes, which the few, calling themselves gov- ernments, practise upon the many, by means of organized, systematic extortion and tyranny. And it is only the poverty, ignorance, and con- sequent weakness of the many, that enable the combined and organized few to acquire and maintain such arbitrary power over them. 144 VICES ARE NOT CRIMES. Why is it that so large a portion of the laboring people of England are drunken and vicious ? Certainly not be- cause they are by nature any worse than other men. But it is because their extreme and hopeless poverty keeps them in ignorance and servitude, destroys their courage and self-respect, subjects them to such constant insults and wrongs, to such incessant and bitter miseries of every kind, and finally drives them to such despair, that the short respite that drink or other vice affords them, is, for the time being, a relief. This is the chief cause of the drunkenness and other vices that prevail among the laboring people of England. If those laborers of England, who are now drunken and vicious, had had the same chances and surroundings in life as the more fortunate classes have had ; if they had been reared in .comfortable, and happy, and virtuous homes, instead of squalid, and wretched, and vicious ones ; if they had had opportunities to acquire knowledge and property, and make themselves intelligent, comfort- able, happy, independent, and respected, and to secure to themselves all the intellectual, social, and domestic enjoyments which honest and justly rewarded industry could enable them to secure, if they could have had all this, instead of being born to a life of hopeless, unre- warded toil, with a certainty of death in the workhouse, they would have been as free from their present vices and weaknesses as those who reproach them now are. It is of no use to say that drunkenness, or any other vice, only adds to their miseries ; for such is human na- ture the weakness of human nature, if you please that men can endure but a certain amount of misery, be- fore their hope and courage fail, and they yield to almost anything that promises present relief or mitigation ; though at the cost of still greater misery in the future. To preach morality or temperance to such wretched per- VICES ARE NOT CRIMES. 145 sons, instead of relieving their sufferings, or improving their conditions, is only insulting their wretchedness. Will those who are in the habit of attributing men's poverty to their vices, instead of their vices to their poverty, as if every poor person, or most poor persons, were specially vicious, tell us whether all the poverty and want that, within the last year and a half,* have been brought so suddenly as it were in a moment upon at least twenty millions of the people of the United States, were brought upon them as a natural consequence, either of their drunkenness, or of any other of their vices ? Was it their drunkenness, or any other of their vices, that paralyzed, as by a stroke of lightning, all the industries by which thy lived, and which had, but a few days be- fore, been in such prosperous activity? Was it their vices that turned the adult portion of those twenty millions out of doors without employment, compelled them to consume their little accumulations, if they had any, and then to become beggars, beggars for work, and, failing in this, beggars for bread ? Was it their vices that, all at once, and without warning, filled the homes of so many of them with want, misery, sickness, and death ? No. Clearly it was neither the drunken- ness, nor any other vices, of these laboring people, that brought upon them all this ruin and wretchedness. And if it was not, what was it ? This is the problem that must be answered ; for it is one that is repeatedly occurring, and constantly before us, and that cannot be put aside. In fact, the poverty of the great body of mankind, the world over, is the great problenrpf the world. That such extreme and nearly universal poverty exists all over the world, and has existed through all past generations, * That is, from September 1, 1873, to March 1, 1876. 146 VICES ARE NOT CRIMES. proves that it originates in causes which the common human nature of those who suffer from it, has not hitherto been strong enough to overcome. But these sufferers are, at least, beginning to see these causes, and are becoming resolute to remove them, let it cost what it may. And those who imagine that they have nothing to do but to go on attributing the poverty of the poor to their vices, and preaching to them against their vices, will ere long wake up to find that the day for all such talk is past. And the question will then be, iiot what are men's vices, but what are their rights ? PART THIRD. IT has been thought necessary to illustrate the best methods of conducting the temperance movement. To that end, the following stories are submitted. In the first "A Story of the Crusade " the best combination of " Washingtonianism " and the " Woman's Crusade " is portrayed. It is devoutly believed that this combination would triumph anywhere and every- where. In the second story " Major Barren " a domestic or family method is illustrated, which will prove very potent wherever the victim of drink has a wife, or mother, or sister, or other near friend, who will throw herself into the deadly breach. 149 INTRODUCTION. THE moral cyclone, popularly Toiown as " The Woman's Crusade/' was the most remarkable development of the century. That a town, with fifty or a hundred grog- shops, should, in a single month, rid itself of the curse of drink, is a most extraordinary phenomenon. Wealth, avarice, custom, prejudice, and passion joined hands to defend the groggeries j but they were swept away like chaff before the wind. It is not my purpose to discuss the moral and religious forces which conjoined to accomplish the great revival in the West, but I wish here simply to suggest that the Woman's Crusade offers the richest material for the story- writer. I have hoped that some of our favorite story-writers would appear on this field. Rev. Edward Everett Hale has just published " Our New Crusade," but it entirely fails to present the principal idea of the Woman's Crusade. I have not drawn upon my imagination for any of the facts in this story. Even the dragging of the barrels of liquors out of a cellar, by women alone, occurred just 151 152 INTRODUCTION. as given. The only exaggeration is to be found in the magnitude of Richards Hall. This feature has, unfortu- nately, received an amount of consideration far from com- mensurate with its importance. When crowds of men, who have long been in the habit of spending their even- ings in grog-shops, are turned into the street, Holly-tree inns, reading rooms, bath rooms, amusement halls, or other similar institutions must be opened. The fre- quenters of dram-shops, who are generally attracted far more by the light, warmth, and good fellowship, than by the rum, have but small resources within themselves; and, if we are willing to spend half the money which rum costs us, directly and indirectly, to give them inno- cent recreations, we shall make secure the fruits of our temperance victory. A STOKY OP THE OHIO CRUSADE. CHAPTER I. OUR HERO AND HEROINE. AMONG the many episodes of the Ohio Crusade, I remember none more vividly than the story of Mary Hart and John Lane, in D. Mary was the daughter of an excellent widow, whose husband shrieked out his life in delirium tremens. John was the son of a widow, likewise ; his father slept in a drunkard's grave. Mary was twenty, wholesome, good, and true. John was twenty-four, strong, manly, ambitious. They had grown up together, loved each other, and, one year before the Crusade, became engaged. With the hearty approval of the two mothers, the young people deter- mined that the wedding should be celebrated on the first of January, 1874. In the mean time, the lovers were much together, and Mary often detected the odor of strong drink in John's breath. It excited grave apprehensions, and as the wedding day approached, she resolved, after long sleep- lessness and heartache, to submit her trouble to her 153 154 A STORY OF THE OHIO CRUSADE. . mother. Mrs. Hart had never suspected John of a pas- sion for strong drink, thought Mary might be mistaken, but the daughter soon convinced her. When John dropped in after tea. Mrs. Hart sent Mary up stairs for something, and when she had left the room, the good mother asked John to step into the par- lor ; she wished to speak with him. The young man, supposing it concerned the prepara- tions for the coming event, cheerfully stepped into the little room, and took a familiar seat. The mother sat down near him, and began, after an awkward silence, with, " John, I am afraid I can r t say what I want to." " Why, Mrs. Hart, speak out. " If you are in trou- ble, I am sure you can trust me, as you would your own eon." " But, John, I am afraid you will be offended." " Mrs. Hart, I am no child, and no coward. Speak right out. I can't imagine what it is, but whatever it may be, I promise to help you. It is hard, indeed, if we, who are so soon to be mother and son. may not speak freely to each other. My dear mother, speak out." " I thank you, John, for that appellation. It gives me courage. My son, you know the story of my married life ; but only God knows how deep and dark were my sorrows ; His grace alone kept me from insanity and death. John, my dear friend, how can I say it ! But 0, I am so afraid you do not know the danger I fear O, John, you know what I mean ! " " Mrs. Hart, you don't mean to say you certainly can't be afraid that I shall become a drinking man ? " The mother reached out her hand, and seizing John's arm, began to weep. OUR HERO AND HEROINE. 155 John went on : " What has led you to think so ? What is there in me that suggests such a danger ? " " But," exclaimed the mother, clutching at John's arm again, " do you not sometimes drink liquor ? " With an embarrassed manner, John said, " I will not deny that I sometimes drink a social glass. You know how it is ; if a man goes into society, he can't always refuse to join in social customs. One must either shut himself up, away from the world, or if he goes out into it, he must join in its ways. But then I drink very sel- dom. And if you and Mary wish me to be a teetotaler, why, I will sign off altogether. I don't care a fig for the stuff, and I know how it ruined my father. The fact is, I hate it, and I wish it were banished from society." The good mother burst into a flood of grateful tears. She pressed John's hand with all her feeble strength, exclaiming, " 0, how glad I am to hear you say so ! How happy we shall all be ! God bless you, my son, God bless you ! John rose and said, " Mrs. Hart, please say to Mary that I will come in at eight o'clock, and we will try that new song." John stepped out at the front door, and Mrs. Hart, on opening that into the sitting-room, .found her daughter standing near the door, pale and trembling. Poor child, when she came down stairs she saw at once what was going on, and had been listening. She was not the sort of person to listen at a key-hole, but could not help it. She had heard every word, and was sure that John's feelings were hurt. She exclaimed, "I would die rather than hurt his feelings. I am afraid his pride is wounded. 0, mother, I don't believe 156 A STORY OF THE OHIO CRUSADE. he will ever come back. I heard every word. Mother, why didn't you speak more gently? You know how proud and sensitive he is." Notwithstanding Mary's apprehensions, John came at eight o'clock, just as if nothing had happened ; and although there was a little less freedom than usual be- tween them, it was evident that John was not angry. When the mother bade them good night, and kissed her daughter, John turned up his face, and said softly, " Mother, me too ? " AN UNEXPECTED VISITOR. 157 CHAPTER II. AN UNEXPECTED VISITOR. ON the next Sunday Mrs. Hart had company her nephew, Frank Studley, from M. When John dropped in after tea, as usual, it happened that Frank was out of the room. But immediately afterwards he stepped in, and on seeing John, rushed towards him, exclaiming, " Why, Sanford ! how are you ? How the dickens did you happen to be here ? " Mary had risen as Frank entered, her face aglow with the joy of introducing her cousin to her lover, and was quite taken aback with this strange recognition, and with hearing John addressed as Sanford. Immediately, and before there was time for explanation, John said to Frank, " Won't you please step in here a moment ; " and they passed into the parlor. The ladies were bewildered. What could it all mean ? They had only time to glance into each other's astonished faces, when the gentlemen came back ; and with forced gayety, John explained that it was all a joke ; and the ladies, although greatly puz- zled, were satisfied that the mystery involved.no disgrace or wrong ; for had they not known John all his life ? John and Mary sang a number of songs, and at an early hour John invited Frank to take a walk. Frank re- turned after a little while, and found the ladies anxion&U' 158 A STORY OF THE OHIO CRUSADE. awaiting him. He declared that the whole thing was a big joke, and no harm done. The mother pleaded with Frank to explain, but he would tell her nothing. Mary was satisfied that it was, as Frank said, some joke among young fellows; but where the two young men could have met before she could not divine, for her cousin had not visited them in a number of years, and had resided in a distant state until his settlement in M., a half year before. Frank left for his home the next morn- ing, and in the evening John came after tea as usual, but he had never before brought such a face and man- ner. He was pale, unsteady, and nervous. Mary ral- lied him, but he would immediately fall back into a moody silence. Mary took her seat by his side, and leaned her head upon his breast. John pressed her to his heart, and then suddenly sprang to his feet, walked nervously back and forth across the room, and stopped suddenly to gaze out of the window, when Mary put her arms about him, and bursting into tears, implored him to tell her his trouble. Suddenly folding his arms, and standing firm and resolute, he saidf " Call in your mother. I have something to tell you." The mother was summoned, and John asked them to sit together in seats which he indicated, and then turn- ing partly from them, and pressing his folded arms tightly across his chest, bowing his head and looking, on the floor, he spoke in a hard, dry voice : " God helping me I will tell you all. I did not intend to say a word, for I thought that after our marriage Mary's love would help me out of my troubles ; but last night I saw my father just as plain as I ever saw him when he was alive, and with the saddest face I ever AN UNEXPECTED VISITOR. 159 looked at; he charged -me to come to you and confess everything. From that hour, although it was early in the night, I have not slept a moment, and have been trying to frame the words in which to make my dread- ful confession. About six months ago my demon came again, but I determined not to submit. I fought and struggled for nearly a week, but it was of no use, and I saw I should disgrace myself with you, and so I hurried to M., and taking a room at the Hotel, I ob- tained a gallon of brandy, went to my room and began. Just as soon as I recovered from one insensibility I drank till I became insensible again, and so I went on for six days and nights. Then my stomach became dreadful, and the craving passed away. During the two or three days while I was learning to eat again, and getting ready to return home, I became acquainted with Mr. Studley. I was known in M. as Mr. Sanford. " After about three months the horrid thirst began to come on again. I struggled a few days, and then went back to M. to repeat my dreadful debauch. Be- tween these two visits to M., I drank some spirits every day, because a doctor in M., whom I consulted, thought if, when I did not crave it, I would drink a little daily, it might prevent the periodical attacks. And since the second visit to M. I have been trying a little brandy every day, hoping it might drive away my cursed enemy. And now this fiend is upon me .again. I shall struggle for a few days, but I know how it will end. I shall go away somewhere, get a gallon of brandy, and in a debauch drown out this cursed devil." Mrs. Hart and Mary were sobbing on each other's necks. 160 A STORY OF THE OHIO CRUSADE. John went on with the same dry, hard, monotonous voice : " For years I have pretended to go several times a year to visit my uncle in Cincinnati. I have no uncle there, and have never been in that city in my life. At those times I went to a small village thirty miles from here, where I always did just as in M. " From my father I inherited this dreadful longing, and nothing but death can release me. Gladly would I part with my eyes, or my arms, to get rid of it ; but it is all useless and hopeless. I am sure you would think it the most horrible insanity if you could only see me when I crawl away by myself, after I have resisted the crav- ing as long as I can ; and locking the door, and feeling I am secure, I take my demijohn in my hands and begin. If you could look in upon me then, and know with what a devilish delight I am filled, that I would go on drink- ing, drinking, if I knew it would kill mother, and Mary, and myself, and send my soul to hell, if you could only see and know all this, you would know that it is a mad- ness, an utter madness." With clinched fist and a face terrible to look upon, John moved quickly towards the door, and then turning towards the two women who were weeping and sobbing, he said, in a low, quivering voice, " Farewell, Mary. I am not fit to be the husband of the vilest woman on earth, and to marry you, the best, sweetest and noblest being I ever knew never ! never ! never ! ! Farewell. God bless you ; farewell. I am going, I am going to hell." He opened the door and fled Mrs. Hart, although a delicate invalid, was strong in an emergency. Leaving Mary at home, she went direct- AN UNEXPECTED VISITOR. 161 ly to widow Lane's, and found her bowed and silent, waiting for her son to come down from his chamber. Mrs. Hart stepped quickly to Mrs. Lane's side, and kneeling, said in a low, tender voice, " My sister, I know all. John has told us everything. Shall you let him go ? Now that we understand, why cannot he stay at home ? I have been reading a paper by Dr. Siwel Oid, in which he says that periodical drunkenness is a disease, and may be cured. I am con- vinced he is right. Let me see John. Let rne^mplore him to remain at home. I would beg him to go to our house and stay, but this, I fear, he would not do ; but surely he can stay here with his own mother, and you and I can help him through. Poor fellow, he is nearly wild. I assure you I believe in what Dr. Siwel Oid says about the cure of this dreadful madness." Just then heavy footsteps were heard coming down stairs. As John opened the door into the sitting-room, Mrs. Hart met him, and throwing her arms about him, exclaimed, " My dear son, let me plead with you ! Don't go away ! Don't go off among strangers ! " " But, my mother ? " said John, turning towards hia mother. " 0," exclaimed the poor mother, in a low, wailing tone, " I have done wrong. I lived with one drunkard almost twenty-five years, and I have told John that I would not live with another. But I now see it is all wrong. God forgive me." Rising, the weeping, despairing mother went quickly to her son, and taking him by the hand, cried out, " If you must do this dreadful thing, if you can't resist it, do stay at home, and let us take care of you." 11 162 A STORY OF THE OHIO CRUSADE. With a sudden burst of feeling John clasped his mother in his arms, and said moaningly, " My poor, dear, heart-broken mother ! Would to God I were in my grave." The juices had long since gone out of poor Mrs. Lane's heart. She only waited 'for death, but this unusual emo- tion towards her on the part of her son visibly touched her, and she replied to his fond caress and tender words, " My^on, if you will .stay, I will do all I can for you." John walked slowly to a chair in the corner of the room, and burying his face in his hands, moaned out, u 0, why was I ever born ? Why can't I hide myself in the grave ? " The women had joined hands, fallen on their knees, and amid groans and sobs were trying to pray. A TERRIBLE STRUGGLE. 163 CHAPTER III. A TERRIBLE STRUGGLE. JOHN started up at length, and exclaimed, " Mother, if I am to stay at home, I will make one more desperate struggle. I will go to my room at once, and I wish you would send for Swartz, the blacksmith." When Mr. Swartz came, John took him into his confi- dence, and begged him to put iron bars on the window, and a strong bar and lock on the outside of the door. Before dark the next night the work was completed, and John Lane was locked in his room, his mother, Mrs. Hart, and Mary sitting with him; while Mary was read- ing from the work of Dr. Siwel Oid on the " Cure of Drunkenness." Among others, she read the following paragraphs : "The use of tobacco in any form produces a thirst which simple drinks will not satisfy. This narcotic poison generally excites a thirst for strong drink, and must be abandoned as preliminary to the cure of drunk- enness." And again Mary read, " Our wretched food provokes an unnatural thirst.. The miserable fries and grease and abominable com- pounds, the rich and indigestible desserts, in brief, 164 A STORY OF THE OHIO CRUSADE. the vile stuffs which we eat, produce a thirst that nothing relieves like alcoholic stimulus. " Plain, well-cooked food would do more for the tem- perance cause than all the societies in the world." When the ladies were about to leave for the night y John said to Mary, in a voice of unusual emotion, " Mary, you and these good mothers must help me. I know you will; I believe you would all die for me, if need be. Mary, I believe what this author says is true. I wish you would get some paper, and write a pledge for me." The paper was quickly .brought, and Mary took the pen in hand, and wrote while John dictated the following pledge. Mary was a good writer, but when she showed me that pledge some months afterwards in a golden frame in her own beautiful parlor, she explained that the penmanship was not a good sample of. her writing, for her hand trembled so that night, and her eyes were so full of tears, that she could neither see the line nor make good letters. It read, " I will never use tobacco again so long as I live ; so help me God. " JOHN LANE. "Witness, MARY HART." When this pledge was signed and witnessed, John said, in a low, trembling voice, " I have never prayed, but now I ask you all to kneel, and I want Mary to pray for me." Mary said, " 0, John, I never made a prayer in my life." " John gazed into her face with an unutterable love, A TERRIBLE STRUGGLE. 165 and whispered, " My darling, pray for me. 1 know God will hear yo u." Going to John, and putting her arm about him, tfyey knelt together, the two mothers kneeling down by John, and putting their hands on his head and shoul- ders. Mary sobbed out, " Dear God, help John. 0, help him ! 0, thou canst help him, and he can't help himself. And, dear God, help us to help him, to cling to him, to love him with all our hearts. Dear Jesus, if we lose John we lose everything. 0, wilt thou help him, and help us to help him ! " Poor John groaned " Amen " at every sentence ; and the two mothers constantly sobbed " Amen. God help him ! " Then John made his first prayer. " Great God, I have always tried to help myself, but I can't fetch it. You can help me j and if ever a poor devil needed help, I need it now. 0, great God, I give my case up into your hands. I have tried to do right all by myself, but I find it's no use. 0, God, take me into your strong arms, and carry me through this trou- ble, and I will try never to do wrong again, as long as 1 live." While John was uttering this extraordinary prayer, Mary had her arms about his neck, and the two mothers their hands upon his head, and were sobbing out, "Amen. God help him. 0, help him ! " When they had risen and taken seats, and were more calm, Mrs. Hart said, " John, you have gone to the right source for help. We will pray for you constantly, and, John, you must pray for yourself. God will hear you, and he will help you." 1G\J A STORY OF THE OHIO CRUSADE. They sat a little time in silence ; then Mary went tim- idly to John, put her arm about his neck, and said, " John, may I not write a pledge against strong drink for you?" John released himself from her, sprang to his feet, and walking rapidly back and forth through the room, said, " No ; I will not sign such a pledge, for I know I should break it. I must not pledge myself before God, and' then break it, or everything will be gone." John then urged the ladies to retire and leave him for the night. Mr. Swartz was at hand to assist. He care- fully locked the door, and remained in the house during the night. John's last instructions for the night were these : " No matter what I may say or do, for ten days I am not to leave this room. My madness is sure to last as long as that. If I become wild and furious, let some strong men control me. I don't know that there is any danger of such extremes ; but, remember, I charge you not to let me out." The next morning, very early, John knocked loudly on the door, and the three women (for Mrs. Hart and her daughter had remained during the night) rose quickly, having rested without undressing, ran up stairs, and listened to a conversation between John and Mr. Swartz. The ladies knew that John had been walking the floor all night, but they were not prepared for the strange change which had come over him. He was actually pleading with Swartz to let him out. He said to Swartz, " This is all nonsense. I never was more rational in A TERRIBLE STRUGGLE. 167 my life. The idea of my being here behind these bais, like a criminal ! It is absurd." Mary spoke up and reminded him that last night he told them that if they let him out of this room in less than ten days, he would never forgive them ; and then she said, " I will bring you some breakfast with coffee, just as soon as it can be got ready." John replied, in an altered tone, " 0, Mary ! I did not know you were here. Excuse me." Then walking quickly across the room, he threw himself heavily on his bed, and began to groan. As soon as the breakfast was ready, Mary brought it to the door, and calling John, she asked, " Will you promise me not to take any advantage of our opening the door when I bring in the breakfast ? " John replied, " I promise to take no advantage of you, ever, in any way." Mary said to Mr. Swartz, " Open the door. It is per- fectly safe. 71 Mr. Swartz whispered, " He will jump right out, I'll bet you." The padlock was unfastened, the heavy bar taken down, and Mary passed in with her tray. It was determined that watchers, strong men, should stay in John's room. The doctor was called, and among other things advised hot baths. The great bath-tub was procured, and the neighbors who volunteered, with two hired men, gave him baths, and then rubbed his skin by the hour with their naked hands ; but John was terribly excited. On the fourth morning, the hour when the poor fellow seemed to be the worst, he made a des- perate attempt to escape. Two men were at the door 168 A STORY OF THE OHIO CRUSADE. on the outside, and two watchers inside. The ladies had been trying to get a little sleep. When the door was unlocked, John made a sudden plunge ; all the four men got hold of him, but he extricated himself, ran down stairs, and was rushing toward the front gate, when he met Mary just coming from her home. She raised her arms, and cried, " 0, John ! " He let her take hold of his arm, and lead him back to his room. THE DAY DAWNS. 169 CHAPTER IY. , THE DAY DAWNS. ON tbe eighth night John slept soundly and long, and awoke in a profuse perspiration. After a long con- sultation with the doctor, Mary went up to John, with a bounding heart, to ask him to drive with her. John was languid, cold, and weak, but this proposition surprised him into/ new life. During the ride John said, " My demon has gone out of me. I shall never pass through another such struggle." They stopped to rest at the house of a friend, and while there heard read from a local paper the wonderful news from Washington C. H. and Hillsboro'. On the way home John said to his companion, " I believe this is providential. You and our mothers have saved me from a fate tenfold worse than death. Women must save men from intemperance. These women in Washington and Hillsboro' are doing the right thing. Now, why can't we in D. have something of that kind started ? I am sure our women are good and brave enough. I feel that I should be safe if we could only have a temperance movement in which I could take a part. If I could take hold to help other people, I am sure I should be safe. This helping other people to keep out of a pit, helps you to keep your eyes open, and 170 A STORY OF THE OHIO CRUSADE. to keep out yourself. And then, Mary, I have never felt, after one of those attacks, as I feel now. My nerves are calm. I believe that tobacco has kept the fires smoul- dering in me ; and then what that Dr. Siwel Oid says about the influence of our diet stands to reason. If our food is rich and indigestible, of course it produces a thirst which simple water is not likely to satisfy. I tell you, Mary, that with the tobacco poison out of me, and a good, simple table, and careful attention to the other laws of which he speaks, such as the morning bath, plenty of good sleep, and exercise in the open air, I tell you, my Mary, that if now, in addition, we can make a good effort to save drunkards, and I can have a hand in it, I shall be as safe as a mouse in a mill. And this new movement seems to me to promise great things. Ah, my darling, light begins to break through. I begin to see my way out." Just as he was leaving Mary at her own house, he said, " Mary, if you please, I will bring mother over this even- ing, and you may write that pledge against strong drink, and I will sign it." With quivering lips and streaming eyes, Mary looked upward, and exclaimed, " Thank God ! I will prepare it before you come, and on a large, handsome sheet. And I will write the other one over again, on a large sheet, for you to sign, and I will see if I can't write it better than before." " No, Mary, if you please, that other pledge must not be touched. As long as we live we will keep it just as it is. I have hung it up on the wall near my bed. It seems to me to be covered all over with bright golden letters the words of your prayer that first night. And, Mary, I have tried to pray every night, kneeling THE DA Y DA WNS. 171 down before that pledge. I suppose I ought to shut my eyes, but I don't ; I keep them fixed on that precious pledge, all bright with your beautiful, loving prayer." That evening there was a meeting at Mrs. Hart's, in which the tears, and prayers, and love of the night at Mrs. Lane's, when the anti-tobacco pledge was signed, were gone all over again. When the pledge against strong drink was signed, Mary said, " John, ask your mother to pray with us." " No, Mary," said John ; " God will hear you better than any one else, when it is for me." 172 A STORY OF THE OHIO CRUSADE. CHAPTER V. THE GREAT REVIVAL BEGINS. next day John Lane brought his mother over to J_ Mrs. Hart's, to talk about the new temperance move- ment. After reading the glowing accounts in the news- papers, John exclaimed with enthusiasm, % " Now what's the reason you women can't start that movement in D. ? God knows there is need enough of it. Here we have a population of less than three thousand, and at least twenty groggeries. Surely I need say nothing of the poverty and domestic misery coming out of these miserable holes. Let's call a meeting to- morrow night. I am sure they will let us hold it in the Methodist church. I hear Mr. Blaine, their minister, is very much excited about it." The meeting was held the following evening. The church was crowded, and many passionate speeches were made. To everybody's surprise, quiet little Mrs. Hart rose at the close of the meeting, and moved that we organize the " Woman's Crusade," immediately, to-night. The motion was carried with loud acclamation. The chairman, Mr. Blaine, suggested, if the women were about to organize a Woman's Crusade, it might be best for the men to retire. THE GREAT REVIVAL BEGINS. 173 " No," exclaimed little Mrs. Hart ; " we want every- body to help." The details of organization had not yet been distinctly published, and there was much doubt about methods. At length little Mrs. Hart rose again, and said, " You know, dear friends, that I never speak in pub- lic, but the spirit of God has impressed me to say a few words just now. We learn from the newspapers that the women go to the rumsellers and plead and pray with them. Let us organize and begin. If we make mis- takes, we can correct them when we learn a better way. I move that we appoint a committee of ten women from each of the churches. I am sure there are ten women in our church who would be very glad to go into this work." Mrs. Squire Edmonds, who was sitting by her hus- band's side, and evidently acting under his instructions, moved that the meeting select the chairman of each of these committees, and then ask her to name the other nine members. Mrs. Edmonds said in explanation that a prominent woman in a church, accustomed to works of benevolence, would be much more likely to know the working members of her church, than a meeting like this. This was approved as a very happy suggestion, and in half an hour five committees, of ten earnest women each, were elected. One of these committees was from the Catholic church, and turned out to be one of the most effective. Mrs. Hart, who was made chairman of the committee from the Methodist church, asked permission to name on her committee three ladies who were not members of any church, and Mrs. Lane, who was a Universalist. Some general suggestions were made in regard to the 174 A STORY OF THE OHIO CRUSADE. management of the committees in visiting the dram- shops, but finally it was concluded that every committee should be left to its own discretion. It was the general understanding that they should reason, plead, and pray with rumsellers, and report progress at a public meeting, to be held at the same church, on the following evening. When the meeting was about to adjourn, John Lane rose, though, like most of the speakers, he had never said a word in a public meeting before, and said, " Mr. Chairman : I hope this meeting won't dissolve without setting the men to work. It seems to me rather mean to ask the women to do it all. Set the men at it. I move, if the women are going to take charge of the rumsellers, that the men look after the drinkers. I think that would be a good division of labor, and would work first rate. So I move, Mr. Chairman, that we appoint ten committees, of two men each, to go out and look up the drinkers, and report at the meeting here to-morrow evening." Several persons thought it might work well, and so the motion was carried, and the ten committees were selected. Ten earnest men were first selected, and they were instructed to name their companions, who were then endorsed by the meeting. The committees, women and men, all met the next morn- ing at nine o'clock, at the ringing of the bell, in the same church, for a prayer meeting, and to divide the town. When the hour for the meeting in the evening ar- rived, it was obvious that the Methodist church would not hold half of the people, and so the Presbyterian bell was rung, and it was announced that the male committees would make their reports at the other church. Of course the women at the Methodist church were the great attraction. THE GREAT REVIVAL BEGINS. 175 Mrs. Hart made the first report. She said, " We called first on old Mr. Jakes. He received us very politely. We talked with him for some time. He did not dispute us when we said that drink was the cause of nearly all our troubles. But he contended that his place was not half as bad as some others. We asked him, before we left, if we might sing a verse, and make a prayer. He made no objections ; so we sang one verse of ' Nearer, my God, to Thee ' : and then we all knelt while Mrs. Thompson led in prayer. We offered the pledge which we had prepared for dealers to sign, in which they pledge themselves before God that they will never again sell intoxicating drinks. He declined to sign the paper, but promised to think of it. " We went next to Poulson's saloon, but it was shut up, and the curtains let down, just before we reached it. Stopping at the door we sang a verse of ' A charge to keep I have/ ne glass without drinking a second, and a third, and a twentieth. It is every way safer for me to remain here at this hotel, where I can be by myself. I am afraid that I am a lost man. I am perfectly satisfied it is a moral impossibility for me to drink one glass, and not follow it by many ; and I begin to fear that it will be impossible for me to resist the multiplied temptations to drink the one glass." At last Mary said there was somebody at the house who wished to see him. THE MEETING. " Tell me, is it Miss Stearns ? " " Yes, major ; it is Miss Stearns, and she is dying to see you." " Does she know of my recent fall ? " 252 MAJOR BARRON. 11 Not one word. We have not written her a word, and she shall know nothing of it." " I will go with you immediately." They drove at once to Colonel Conway's, where the major had the great pleasure to meet his idol. Major Barren was a proud man, and at the bar pos- sessed remarkable poise and power ; but he had a warm heart, and loved this girl as he had never loved any other creature. When the family had retired and left the major with Nelly, he dropped on his knees by her, and, putting his face in her lap, began to weep. Nelly was over- whelmed. What could this mean ? The strongest, noblest man she had ever known w r as bowing at her feet, and weeping like a child. She cried out, " 0, Clarence, what does it mean? 0, do tell me what is the matter ! " Suddenly, still remaining on his knees, he raised his head, and exclaimed, " Nelly, I have fallen again ! T am lost ! You must give me up ! All your prayers, and hopes, and tears, must go for nothing ! I haven't moral strength enough to live in this world ! " This sudden and tender appeal gave Nelly, strength, and she begged him to sit by her, and tell her all about it. He told her the whole story, accusing himself some- what too severely, and refusing to tell her under what circumstances he drank the first glass. He simply told her that a friend asked him to join in a glass, and all the dreadful debauch had come in consequence of it. " Nelly," he exclaimed, " you must not trust me ! I can't trust myself. I believed I could. I believed I was strong enough when separated from my army companions, but I have now lost all confidence. I can't be shut up in prison, and I must meet the temptation everywhere ; and I am so constituted that I cannot resist it. MAJOR BARRON. 253 "But," lie continued, "I am not the first miserable wretch who has fallen in this way. My grandfather died of delirium tremens, and I have no doubt my father would have died of the same horrid malady, had he not been lost at sea. Here I am, following in their footsteps,, and I tell you, before God, that if you were to offer to marry me to-day, or twelve months from now, and if, during the whole twelve months, I had entirely abstained, I should not then have any confidence in myself " I came here to Baltimore, directly from you, full of courage and bright hopes. I have been here but a few weeks, and, without any great temptation, have fallen. It is all over." They sat till near daylight, talking, weeping, and al- most despairing. At breakfast the next morning, the Conways, in Nelly's presence, urged the major to come again and live with them. When Nelly informed her lover that she intended to remain some time, he consented. And again the major was a part of the happy family. The major resumed his business, and spent his even- ings with Nelly. A FAMOUS TRIAL. The trial of a famous murder case then came on, and Major Barron was engaged as junior counsel. He made a great hit in the opening speech, and for two weeks was occupied day and night, with very little sleep or rest. The prisoner was acquitted, and several dinner parties were given by his friends. Major Barron was believed to have turned the tide in fact, to have extricated the accused from a web of circumstances that seemed at one time impossible of solution. He was a conspicuous figure in the social entertainments. 254 MAJOR BARRON. I need hardly say to those who have had any acquaint- ance "with high life in Baltimore, that wines occupied the principal place in the refreshments on these occasions. Major Barron was in that strained, nervous condition, which makes the will so weak in resisting temptation to indulgence of appetite, and he actually wavered again and again, when ladies, not knowing his peculiar weak- ness, urged him to join them in a glass. But Nelly was with him at most of the receptions, and he contrived to make his way through them all without falling. Poor Nelly could not comprehend her lover's weakness, and had no thought that but for her presence he would have succumbed. She felt, now that Clarence fully comprehended the danger of the first glass, he was safe, and the future bright. So, after remaining some weeks with the Con ways, she returned to her home, carrying to her parents the bright hopes which filled her own soul. It was their custom to write to each other daily, and Major Barron was entirely frank in telling Nelly from time to time of the temptations which beset him. DESPAIR AND COURAGE. At length came a morning in which the looked-for letter did not arrive at C., and the next morning, and the next. Mr. Stearns telegraphed Colonel Conway. to ask if Major Barron was sick. The reply was, " He is not sick ; letter coming." The Stearnses were overwhelmed, and from being con- fident and happy, became correspondingly wretched and hopeless. Colonel Conway's letter arrived two days after, with the information that Major Barron had suddenly disap- peared, and they had not heard from him for nearly a MAJOR BARRON. 255 week ; that inquiries had been made at his office, at the hotels, and at other places throughout the city. He had been heard from once, as in a very " unhappy condition," then all trace of him was lost. The poor mother could not restrain her tears. Nelly's face was pale, but she did not weep. She went to her room, and returned in a little time in a travelling dress, and, with a calm, quiet manner and voice, said, u I am going to Baltimore, and I shall remain there as long as I can help him." The parents said nothing of improprieties ; nothing of the danger of travelling alone ; nothing of their premo- nitions ; for they saw in Nelly's face something which forbade all interference. CHAPTER THIRD. THE NOBLEST HEROISM. THE next train took Nelly Stearns to Baltimore. Mrs. Conway and daughters were full of sympathy, but Nelly was very calm. She simply said, upon learning that they had heard nothing from Clarence, " I shall find him, and, if you please, I will go alone." It was early in the morning when she reached Balti- more, and before noon she had inquired at all the hotels and many other places /or a " tall, handsome gentleman, with light hair, blue eyes, a soft voice, and pleasant manners," --but she could hear nothing of him. Before night, she had visited all the places where policemen, who kindly proffered their assistance, thought the gen- tleman might be found. Just after dark, she met an officer who thought he had seen such a person in - 256 MAJOR BARRON. Street the most abandoned neighborhood in the whole city. Nelly turned into this street, where she saw, in the open doors, women, whose dreadful occupation she quickly divined, dallying with low, drunken men. She would have been overwhelmed, only that her heart was filled with another thought. She passed quickly through the street, but seeing nothing of the object of her search, asked some of the creatures that she saw in the door- ways whether they had seen such a person as she described. A large, coarse, brutal man, half intoxicated, noticing the girl, staggered out of the door, and tried to put his arm about her, and began to speak to her in a wheedling tone ; but when he caught sight of Nelly's face, he quickly turned back. The girls were touched by her anguish, and very politely answered her questions. They had seen nothing of the person whom she described. Just then a blear-eyed creature came staggering along : one of the girls called him, " Jack, pr'aps you know something about this yer gentleman/' After a few irregular movements, Jack came to a stand, and trying to think for a while, said he knew where that polite gentleman might be found, but wouldn't skow the girl for less than a fiver. When this was explained to Xelly, she took out her purse, gave the man five dollars, and then followed him. He turned down a dirty, narrow lane, utterly vile and sickening in its sights and smells, and at length .began to climb a flight of outside stairs, with his bare feet, and Nelly fol- lowed close upon him. Reaching a loathsome upper room, sickening with stenches, she found lying on the floor, with torn clothes, and filthy, bleeding face, her lover, Majoi Clarence Barren ! MAJOR BARRON. 257 She did not scream, she did not weep, but said calmly to the men, who were lounging about, " If yon will help me get this gentleman into a carriage, I will pay you well." She resolved, as soon as they were in the carnage, not to return directly to the Conways', but to take Major Barren to a hotel. Fearing she might not be received, with such a man, at one of the best hotels, she inquired of a p'olicemen for some small hotel, where they would receive her, with an intoxicated man. The policeman thought that the International a very small hotel on B Street would take them. Thither she was driven, and in half an hour Major Barren, still insensible, was lying on a bed, and Nelly was kneeling by his side, and with wash-bowl and towels was trying to remove the filth and blood-stains from her lover's head and face. She at once sent a messenger to Colonel Conway's, with a note, written without the slightest tremor, asking for a quantity of the major's under- clothing ; and imme- diately sent to his room two men, she had picked up in the house, to remove the major's clothing, bathe him, and dress him in clean clothes. Soon she was by his side again, and there she remained watching and waiting. FAITHFUL CHARLEY. I have forgotten to mention that when Major Barron first went South, Jie took with him a beautiful spaniel puppy, which turned out -a remarkably handsome and intelligent dog. He was a great pet in the regiment. Everybody knew him, and talked to him, and he thereby acquired a rare intelligence. His devotion to Major Barron was the subject of frequent remark, and not a few of his fellow-officers and soldiers had shed tears 17 258 MAJOR BARRON. over Charley's devotion to his master, during his fits of intoxication. Major Barren had brought Charley back with him to C., and took him to Baltimore. Indeed, they were inseparable companions. When Nelly found the major in that dreadful place, lying flat on the floor, with his face exposed, and the flies crawling over it, Charley was lying close by, his face nearly touching the major's. It was almost impossible to induce the dog to permit the two men to lift the major, and carry him down stairs to the carriage. He would not at first allow even Nelly to put her hands upon his master, or to brush the flies away ; but at length he re- membered her, and became satisfied that they intended no harm to his master. He walked close at their heels, while his master was being borne to the carriage, and springing in, lay down under his feet. During their stay at the hotel, the dog insisted upon lying on the bed near the major, and, indeed, never left him for a moment. This accounts for the fact that the major's valuable watch and a considerable sum of money were found on his person, no one caring to examine his pockets while exposed to the teeth of such a vigilant and determined watch-dog. THE MAJOR RETURNS TO CONSCIOUSNESS. When the major returned to consciousness, he at first seemed hardly to realize Nelly's presence, but after a time started suddenly, gazed at her, rubbed his red eyes, tried with his dried mouth and tongue to speak her name, and then began to talk incoherently. As soon as he exhibited evidences of returning consciousness, Nelly sent below for strong coffee and some delicate nourish- ment. Several times during the morning she gave him MAJOR BARRON. 259 a cup of coffee, and such nourishment as he would take. At ten o'clock he was sufficiently restored to compre- hend the situation, arrd said to Nelly, " This is all useless. You are wasting yourself upon the most miserable wretch on God's earth, and I will not consent to it. I will not consent to it ! If you will* be kind e*nough to step out, and let me dress, I will go away. I will go out of the country. I will not consent that you shall be tortured any longer with such a despicable wretch. There is no use in all your prayers, and love, and agony. It will all do no good. You can't save me ! I can't save myself 1 God can't save me ! I am lost I I am lost ! I must go to hell 1 Nelly, let me go, and I promise you, solemnly, that you shall never hear from me again. Go home to your friends. Forget me. You don't know, you can't realize, how utterly unworthy of one word from you, I am ! " Nelly made no answer. She did not weep, nor moan, but with the sponge she had in her hand she continued to bathe his face, and by and by asked him what she might order for his dinner. He declared he wanted no dinner. He wanted nothing to eat ; but he insisted that he would no longer pollute her with his presence. She ordered some dinner, and with great tenderness fed and nursed him. At night she had a settee brought in, and when he needed no special attention, lay down and tried to rest. The next morning she had his clothes brought in, for she had had them taken out of the room, and concealed, that he might not be able to rise and go out before he had fully recovered. After breakfast a carriage was called, and they rode for some hours. At night they were driven to Colonel Conway's, and were received without any expressions of wonder, without any com- ments ; and the major, with an air of reserve and morti- fication, fell gradually back into his usual life. 2CO MAJOR BARRON. CHAPTER FOUR. THE DAY DAWNS. . "VTELLY STEARNS remained at Colonel Conway's for 1.1 a month, and one evening, when she and the major, who had meantime recovered his cheerfulness, were sitting alone, she said, after a long silence, " Clarence, I think we had better be married. I must make a home for you. I have been consulting a medical man, who seems to me the wisest and the best physician I have ever met. He tells me there is no doubt, if your health could be made good, if you could have the best food, and regular sleep, and a uniform, pleasant, social life, with the very best hygienic conditions, you would be perfectly safe. -I have taken the liberty to tell him, without mentioning any names, all the circumstances of our relations, and I asked him if he thought there was any danger in our being married. He assured me that it would be entirely right for us to marry. I have taken the liberty to arrange an interview, for both of us, with him to-morrow evening.' 7 Clarence sat for some time holding Nelly's hand, and then taking her in his arms, and pressing her to his heart, he said, " No, no ; it must not be ! I will never consent that you shall make such a sacrifice ! If, for five years, I could remain perfectly sober, I should then be willing; but, with this recent disaster no ; it must not, it shall not be ! " MAJOR BARRON. 261 THE WEDDING AND THE HOME. They went together to call upon the doctor, and after two or three hours' conversation, returned to Colonel Conway's, and before they retired, Nelly fondly kissed her lover, and whispered, " Please get ready ; to-morrow we will go home and be married at once." The parents were frightened and distressed, but everything gave way before Nelly's strong purpose, and a quiet wedding took place in the drawing-room at Mr. Stearns's. A fortnight after, they returned to Balti- more, and were very soon established in a beautiful cot- tage on Avenue. Nelly was at once the most gentle and deferential wife, and the most determined mistress. If the theatre or opera was proposed, Nelly replied in her quiet way, " We don't visit such places. We retire at nine o'clock." When friends were invited to spend the evening with them, the invitation always mentioned from half past seven to nine, or from eight to nine. This was a great innovation upon the social habits of Baltimore, and Nelly was assured it would give offence. She replied, without vehemence, but in a manner which every one understood to be final, " Under all circumstances, we retire at nine o'clock ; nothing but desperate sickness could induce me to alter the rule." Her parents wrote that they should visit her within a few days, and would arrive by the nine o'clock morning train. Clarence proposed that they should defer their breakfast until the arrival of father and mother. Nelly did not siiy, I shall insist that we breakfast at the regular 262 MAJOR BARRON. hour, eight o'clock ; but going to her husband, and kiss- ing him in her fond way, she said, "No, my darling, we take our breakfast at eight o'clock." NELLY'S SYSTEM. In important legal business the major was very strongly tempted to remain down town during the even- ing ; but when he proposed it to his wife, and assured her that coming home at six o'clock would involve a sacrifice, she simply said, " If you are not here by the car which comes up at six o'clock, I shall drive down for you immediately, and bring you home, unless you thrust me out of your office by force. I will sacrifice everything for you ; I will die for you you know it ; but while I live I shall live for you. The hour for your return in the evening is six o'clock : the hour to retire is nine o'clock ; the hour to rise is seven ; the hour for breakfast is eight ; and the hour for our luncheon is twelve : the hour for our dinner is a quarter past six. Our food, our drinks, our baths, our social amusements, our whole life, you know, my pre- cious husband, each and every feature, has long been a matter of careful and prayerful study. Every one of the medical men assures us that your safety depends upon high health, and calm, quiet nerves. If, when I inter- fere with any departure from this hygienic life, I stand in the way of your plans, you may strike me down, but until I am struck down, until I am insensible, there I shall remain, and wait, and plead, and insist. I have the most devoted and loving husband in the world, and, God helping me, I will preserve him, I will live for him, and, if need be, I will die for him." MAJOR BARRON, 263 BALTIMORE RECEPTIONS. The Barrens were frequently invited to spend an evening out, and they often attended social gatherings and quiet parties, but invariably returned home at nine o'clock. One evening they were invited to attend a party at the residence of Mr. B., one of the merchant princes of Baltimore ; and when the Barrons sent their acceptance of the invitation, the B.'s, knowing that they would leave at half past eight o'clock, determined upon having their refreshments served early, that these most beautiful and brilliant people might join them. At table, Major Barron sat at Mrs. B.'s right hand, and Mrs. Barron at Mr. B.'s. Mrs.-B. received from the servant two glasses of wine, and passed one to the major, " Major Barron, will you join me in a glass of wine ? " Immediately, and before the major had time to reply, Mrs. Barron rose, and with that peculiarly pale face, but with a quiet, steady, gentle voice, said to Mrs. B., " Madam, I am very sorry to interrupt the pleasure of the company, but there are reasons why we must return home immediately." " Yes," said Major Barron, rising, " I see by my wife's face, that there is an urgent reason why we must return home." Everybody was surprised and mystified, but soon the Barrons left, and the party went on. , The next morning Mrs. B., fearing that some sudden illness might have been .the occasion of the untimely departure, drove to Mrs. Barren's to inquire. Finding them well, Mrs. B. took the liberty to ask Mrs. Barron if the occasion of their leaving so suddenly was as she 2C4 MAJOR BARRON. tliouglit it. Then Mrs. Barren told her caller, in a few words, the truth in the case, and Mrs. B., after a time, came to fuily comprehend the situation. She said, be- fore leaving, " Will you permit me to invite you and the major to our house next week, to attend a little party, not unlike the one last evening, at which there shall be no wines ? " Mrs. Barren sprang to her feet, and seizing Mrs. B. by the hand, exclaimed, " Thank you ! thank you, my dear friend ! I thank you with all my heart ! Without consulting my hus- tand, I will say that we shall be most happy to attend such a gathering.' 7 It was arranged. The party was especially recherche. The wines did not appear, and there were wonder and whispering, here and there. But after Major Barron left, the facts came out. Within a week the Barrens had twenty invitations to attend parties, with a little private note addressed to Mrs. Barren, in which she was assured that the bad habit (everybody knew it was bad) of serving wines would be omitted on this occasion, and that refreshments would be served at eight o'clock. I need hardly say to those who have considered the won- derful susceptibility to improvement among all classes, when the suggestion comes from the right quarter, and in the right spirit, that a remarkable revolution in the matter of wines, at social entertainments, was soon in- augurated in Baltimore. It is in the power of any little quiet woman, with the thought and the courage, to contribute more to the hap- piness and welfare of society, in correcting its abuses, than is generally accomplished by a thousand. MAJOR BARRON. 2C5 A FUNEKAL. On tlie sixth anniversary of Nelly Barren's wedding day, there was a sad funeral at her house. A dearly- loved . member of the family had died. A beautiful, rose-wood coffin rested on the table in Nelly's sitting- room, and she sat by its side, weeping. Near the win- dow sat Major Barron, with little Clarence and Nelly on his knees. The children were weeping boisterously, and the major looked very sad. But the great grief was in the wife's heart. Let us look at the silver plate. " Charley Barron a devoted friend. May we meet in heaven." We will look into the casket. The long silken ears, the large, beautiful head, the rich gold and yellow, are all as perfect . as they were that day when Nelly found him in the wretched den, watching by his master's face. OD!} T the eyes, which do not close, show that the faithful, loving creature, had died in a ripe old age. In the evening, when the family had returned from the cemeter} r , where they had placed Charley in the family bury ing-ground, Nelly sat in her husband's lap, and putting her arms about his neck, wept long and tenderly. The husband fully comprehended all that was in his wife's heart, and while he passed his hand over her beau- "tiful head, smoothing the brown hair, he could only repeat, " My precious darling, you saved me, and he helped you ! Yes, you saved me ! You saved me ! 0, what devoted friends ! ' ; 2G6 MAJOR BARRON. THE CONCLUSION. The major now stands at the head of his profession, in the city of P., and at the last congressional election was solicited to run for Congress. A committee of gentle- men called upon him, and he told them frankly, that he should be most happy to occupy a seat in Congress. It had long been his wish to spend a season in Washing- ton, but he hardly knew whether his wife would con- sent. He would consult her, and if she had no objection, he should certainly put himself in the hands of his friends. The practice of his profession nad become somewhat monotonous, and he thought that a couple of winters in Washington, would afford a pleasant relief. At the tea table that night, he told Nelly, and hoped that under the circumstances she would not oppose his nomination, for he should be very sorry to deny himself the relief and the honor. Nelly was silent, but was unusually gentle and tender toward little Nelly, who sat on one hand, and little Clar- ence, who sat on the other, and looked a little paler than usual. The husband understood her, and did not again allude to the subject. The next morning, when his friends called, he said, " Gentlemen, my wife has not told me that she has the least objection to my accepting the nomination, but when I proposed it, she did not seem particularly enthu- siastic ; therefore I shall decline the invitation. I thank you, gentlemen, but I would rather dig in the streets than do anything which my wife does not heartily approve." RETURN CIRCULATION DEPARTMENT 2642 OAO AA^i~k I \\r\mr\f 202 Library LOAN PERIOD 1 HOME USE 2 p&& 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS Renewals and Recharges may be made 4 days prior to the due date. Books may be Renewed by calling 642-3405. DUE AS STAMPED BELOW riy DEC 28 1988 1 1 A I \Tr\ ruj Ik AU 1 U. Die m NUV 301$ 38 ' '' ^u.u .u^- UIHfJULAI r.iULi^ggg. BiQCULAD^! MAY lb I99 .iiu 1 7 ? na: JUHI ' JAN 06 1992 ~7^T. FORM NO. DD6 BERKELEY, CA 94720 07442 U.C. BERKELEY LIBRARIES x-? -*m%jtf$.