<h2 align="center">CHAPTER VI</h2>
<p align="center">INFERENCES</p>
<br/>
<p>As the universe, which at once creates and destroys life, is a complex of
infinitely varying forces, history can never repeat itself. It is vain,
therefore, to look in the future for some paraphrase of the past. Yet if society
be, as I assume it to be, an organism operating on mechanical principles, we may
perhaps, by pondering upon history, learn enough of those principles to enable
us to view, more intelligently than we otherwise should, the social phenomena
about us. What we call civilization is, I suspect, only, in proportion to its
perfection, a more or less thorough social centralization, while centralization,
very clearly, is an effect of applied science. Civilization is accordingly
nearly synonymous with centralization, and is caused by mechanical discoveries,
which are applications of scientific knowledge, like the discovery of how to
kindle fire, how to build and sail ships, how to smelt metals, how to prepare
explosives, how to make paper and print books, and the like. And we perceive on
a little consideration that from the first great and fundamental discovery of
how to kindle fire, every advance in applied science has accelerated social
movement, until the discovery of steam and electricity in the eighteenth and
nineteenth centuries quickened movement as movement had never been quickened
before. And this quickening has caused the rise of those vast cities, which are
at once our pride and our terror.</p>
<p>Social consolidation is, however, not a simple problem, for social
consolidation implies an equivalent capacity for administration. I take it to be
an axiom, that perfection in administration must be commensurate to the bulk and
momentum of the mass to be administered, otherwise the centrifugal will overcome
the centripetal force, and the mass will disintegrate. In other words,
civilization would dissolve. It is in dealing with administration, as I
apprehend, that civilizations have usually, though not always, broken down, for
it has been on administrative difficulties that revolutions have for the most
part supervened. Advances in administration seem to presuppose the evolution of
new governing classes, since, apparently, no established type of mind can adapt
itself to changes in environment, even in slow-moving civilizations, as fast as
environments change. Thus a moment arrives when the minds of any given dominant
type fail to meet the demands made upon them, and are superseded by a younger
type, which in turn is set aside by another still younger, until the limit of
the administrative genius of that particular race has been reached. Then
disintegration sets in, the social momentum is gradually relaxed, and society
sinks back to a level at which it can cohere. To us, however, the most
distressing aspect of the situation is, that the social acceleration is
progressive in proportion to the activity of the scientific mind which makes
mechanical discoveries, and it is, therefore, a triumphant science which
produces those ever more rapidly recurring changes in environment to which men
must adapt themselves at their peril. As, under the stimulant of modern science,
the old types fail to sustain themselves, new types have to be equally rapidly
evolved, and the rise of a new governing class is always synonymous with a
social revolution and a redistribution of property. The Industrial Revolution
began almost precisely a century and a half ago, since when the scientific mind
has continually gained in power, and, during that period, on an average of once
in two generations, the environment has so far shifted that a social revolution
has occurred, accompanied by the advent of a new favored class, and a
readjustment of wealth. I think that a glance at American history will show this
estimate to be within the truth. At the same time such rapidity of intellectual
mutation is without precedent, and I should suppose that the mental exhaustion
incident thereto must be very considerable.</p>
<p>In America, in 1770, a well-defined aristocracy held control. As an effect of
the Industrial Revolution upon industry and commerce, the Revolutionary War
occurred, the colonial aristocracy misjudged the environment, adhered to Great
Britain, were exiled, lost their property, and perished. Immediately after the
American Revolution and also as a part of the Industrial Revolution, the cotton
gin was invented, and the cotton gin created in the South another aristocracy,
the cotton planters, who flourished until 1860. At this point the changing of
the environment, caused largely by the railway, brought a pressure upon the
slave-owners against which they, also failing to comprehend their situation,
rebelled. They were conquered, suffered confiscation of their property, and
perished. Furthermore, the rebellion of the aristocracy at the South was caused,
or at all events was accompanied by, the rise of a new dominant class at the
North, whose power rested upon the development of steam in transportation and
industry. This is the class which has won high fortune by the acceleration of
the social movement, and the consequent urban growth of the nineteenth century,
and which has now for about two generations dominated in the land. If this
class, like its predecessors, has in its turn mistaken its environment, a
redistribution of property must occur, distressing, as previous redistributions
have been, in proportion to the inflexibility of the sufferers. The last two
redistributions have been painful, and, if we examine passing phenomena from
this standpoint, they hardly appear to promise much that is reassuring for the
future.</p>
<p>Administration is the capacity of co�rdinating many, and often conflicting,
social energies in a single organism, so adroitly that they shall operate as a
unity. This presupposes the power of recognizing a series of relations between
numerous special social interests, with all of which no single man can be
intimately acquainted. Probably no very highly specialized class can be strong
in this intellectual quality because of the intellectual isolation incident to
specialization; and yet administration or generalization is not only the faculty
upon which social stability rests, but is, possibly, the highest faculty of the
human mind. It is precisely in this pre�minent requisite for success in
government that I suspect the modern capitalistic class to be weak. The scope of
the human intellect is necessarily limited, and modern capitalists appear to
have been evolved under the stress of an environment which demanded excessive
specialization in the direction of a genius adapted to money-making under highly
complex industrial conditions. To this money-making attribute all else has been
sacrificed, and the modern capitalist not only thinks in terms of money, but he
thinks in terms of money more exclusively than the French aristocrat or lawyer
ever thought in terms of caste. The modern capitalist looks upon life as a
financial combat of a very specialized kind, regulated by a code which he
understands and has indeed himself concocted, but which is recognized by no one
else in the world. He conceives sovereign powers to be for sale. He may, he
thinks, buy them; and if he buys them; he may use them as he pleases. He
believes, for instance, that it is the lawful, nay more! in America, that it is
the constitutional right of the citizen to buy the national highways, and,
having bought them, to use them as a common carrier might use a horse and cart
upon a public road. He may sell his service to whom he pleases at what price may
suit him, and if by doing so he ruins men and cities, it is nothing to him. He
is not responsible, for he is not a trustee for the public. If he be restrained
by legislation, that legislation is in his eye an oppression and an outrage, to
be annulled or eluded by any means which will not lead to the penitentiary. He
knows nothing and cares less, for the relation which highways always have held,
and always must hold, to every civilized population, and if he be asked to
inform himself on such subjects he resents the suggestion as an insult. He is
too specialized to comprehend a social relation, even a fundamental one like
this, beyond the narrow circle of his private interests. He might, had he so
chosen, have evolved a system of governmental railway regulation, and have
administered the system personally, or by his own agents, but he could never be
brought to see the advantage to himself of rational concession to obtain a
resultant of forces. He resisted all restraint, especially national restraint,
believing that his one weapon--money--would be more effective in obtaining
what he wanted in state legislatures than in Congress. Thus, of necessity, he
precipitates a conflict, instead of establishing an adjustment. He is,
therefore, in essence, a revolutionist without being aware of it. The same
specialized thinking appears in his reasoning touching actual government. New
York City will serve as an illustration.</p>
<p>New York has for two generations been noted for a civic corruption which has
been, theoretically, abominable to all good citizens, and which the capitalistic
class has denounced as abominable to itself. I suspect this to be an imaginative
conception of the situation. Tammany Hall is, I take it, the administrative
bureau through which capital purchases its privileges. An incorruptible
government would offend capital, because, under such a government, capital would
have to obey the law, and privilege would cease. Occasionally, Tammany grows
rapacious and exacts too much for its services. Then a reform movement is
undertaken, and finally a new management is imposed on Tammany; but when Tammany
has consented to a satisfactory scale of prices, the reform ends. To change the
system would imply a shift in the seat of power. In fine, money is the weapon of
the capitalist as the sword was the weapon of the mediaeval soldier; only, as
the capitalist is more highly specialized than the soldier ever was, he is more
helpless when his single weapon fails him. From the days of William the
Conqueror to our own, the great soldier has been, very commonly, a famous
statesman also, but I do not now remember, in English or American history, a
single capitalist who has earned eminence for comprehensive statesmanship. On
the contrary, although many have participated in public affairs, have held high
office, and have shown ability therein, capitalists have not unusually, however
unjustly, been suspected of having ulterior objects in view, unconnected with
the public welfare, such as tariffs or land grants. Certainly, so far as I am
aware, no capitalist has ever acquired such influence over his contemporaries as
has been attained with apparent ease by men like Cromwell, Washington, or even
Jackson.</p>
<p>And this leads, advancing in an orderly manner step by step, to what is,
perhaps, to me, the most curious and interesting of all modern intellectual
phenomena connected with the specialized mind,--the attitude of the capitalist
toward the law. Naturally the capitalist, of all men, might be supposed to be he
who would respect and uphold the law most, considering that he is at once the
wealthiest and most vulnerable of human beings, when called upon to defend
himself by physical force. How defenceless and how incompetent he is in such
exigencies, he proved to the world some years ago when he plunged himself and
the country into the great Pennsylvania coal strike, with absolutely no
preparation. Nevertheless, in spite of his vulnerability, he is of all citizens
the most lawless.<SPAN name="FNanchor42"></SPAN><SPAN href="#Footnote_42"><sup>[42]</sup></SPAN>
He appears to assume that the law will always be enforced, when he has need of
it, by some special personnel whose duty lies that way, while he may, evade the
law, when convenient, or bring it into contempt, with impunity. The capitalist
seems incapable of feeling his responsibility, as a member of the governing
class, in this respect, and that he is bound to uphold the law, no matter what
the law may be, in order that others may do the like. If the capitalist has
bought some sovereign function, and wishes to abuse it for his own behoof, he
regards the law which restrains him as a despotic invasion of his constitutional
rights, because, with his specialized mind, he cannot grasp the relation of a
sovereign function to the nation as a whole. He, therefore, looks upon the
evasion of a law devised for public protection, but inimical to him, as innocent
or even meritorious.</p>
<p>If an election be lost, and the legislature, which has been chosen by the
majority, cannot be pacified by money, but passes some act which promises to be
annoying, the first instinct of the capitalist is to retain counsel, not to
advise him touching his duty under the law, but to devise a method by which he
may elude it, or, if he cannot elude it, by which he may have it annulled as
unconstitutional by the courts. The lawyer who succeeds in this branch of
practice is certain to win the highest prizes at the bar. And as capital has had
now, for more than one or even two generations, all the prizes of the law within
its gift, this attitude of capital has had a profound effect upon shaping the
American legal mind. The capitalist, as I infer, regards the constitutional form
of government which exists in the United States, as a convenient method of
obtaining his own way against a majority, but the lawyer has learned to worship
it as a fetich. Nor is this astonishing, for, were written constitutions
suppressed, he would lose most of his importance and much of his income. Quite
honestly, therefore, the American lawyer has come to believe that a sheet of
paper soiled with printers' ink and interpreted by half-a-dozen elderly
gentlemen snugly dozing in armchairs, has some inherent and marvellous virtue by
which it can arrest the march of omnipotent Nature. And capital gladly accepts
this view of American civilization, since hitherto capitalists have usually been
able to select the magistrates who decide their causes, perhaps directly through
the intervention of some president or governor whom they have had nominated by a
convention controlled by their money, or else, if the judiciary has been
elective, they have caused sympathetic judges to be chosen by means of a
mechanism like Tammany, which they have frankly bought.</p>
<p>I wish to make myself clearly understood. Neither capitalists nor lawyers are
necessarily, or even probably, other than conscientious men. What they do is to
think with specialized minds. All dominant types have been more or less
specialized, if none so much as this, and this specialization has caused, as I
understand it, that obtuseness of perception which has been their ruin when the
environment which favored them has changed. All that is remarkable about the
modern capitalist is the excess of his excentricity, or his deviation from that
resultant of forces to which he must conform. To us, however, at present,
neither the morality nor the present mental excentricity of the capitalist is so
material as the possibility of his acquiring flexibility under pressure, for it
would seem to be almost mathematically demonstrable that he will, in the near
future, be subjected to a pressure under which he must develop flexibility or be
eliminated.</p>
<p>There can be no doubt that the modern environment is changing faster than any
environment ever previously changed; therefore, the social centre of gravity
constantly tends to shift more rapidly; and therefore, modern civilization has
unprecedented need of the administrative or generalizing mind. But, as the mass
and momentum of modern society is prodigious, it will require a correspondingly
prodigious energy to carry it safely from an unstable to a stable equilibrium.
The essential is to generate the energy which brings success; and the more the
mind dwells upon the peculiarities of the modern capitalistic class, the more
doubts obtrude themselves touching their ability to make the effort, even at
present, and still more so to make it in the future as the magnitude of the
social organism grows. One source of capitalistic weakness comes from a lack of
proper instruments wherewith to work, even supposing the will of capital to be
good; and this lack of administrative ability is somewhat due to the
capitalistic attitude toward education. In the United States capital has long
owned the leading universities by right of purchase, as it has owned the
highways, the currency, and the press, and capital has used the universities, in
a general way, to develop capitalistic ideas. This, however, is of no great
moment. What is of moment is that capital has commercialized education.
Apparently modern society, if it is to cohere, must have a high order of
generalizing mind,--a mind which can grasp a multitude of complex relations,--but
this is a mind which can, at best, only be produced in small quantity and at
high cost. Capital has preferred the specialized mind and that not of the
highest quality, since it has found it profitable to set quantity before quality
to the limit which the market will endure. Capitalists have never insisted upon
raising an educational standard save in science and mechanics, and the relative
overstimulation of the scientific mind has now become an actual menace to order
because of the inferiority of the administrative intelligence.</p>
<p>Yet, even supposing the synthetic mind of the highest power to be increasing
in proportion to the population, instead of, as I suspect, pretty rapidly
decreasing, and supposing the capitalist to be fully alive to the need of
administrative improvements, a phalanx of Washingtons would be impotent to raise
the administrative level of the United States materially, as long as the courts
remain censors of legislation; because the province of the censorial court is to
dislocate any comprehensive body of legislation, whose effect would be to change
the social status. That was the fundamental purpose which underlay the adoption
of a written constitution whose object was to keep local sovereignties intact,
especially at the South. Jefferson insisted that each sovereignty should by
means of nullification protect itself. It was a long step in advance when the
nation conquered the prerogative of asserting its own sovereign power through
the Supreme Court. Now the intervention of the courts in legislation has become,
by the change in environment, as fatal to administration as would have been, in
1800, the success of nullification. I find it difficult to believe that capital,
with its specialized views of what constitutes its advantages, its duties, and
its responsibilities, and stimulated by a bar moulded to meet its prejudices and
requirements, will ever voluntarily assent to the consolidation of the United
States to the point at which the interference of the courts with legislation
might be eliminated; because, as I have pointed out, capital finds the judicial
veto useful as a means of at least temporarily evading the law, while the bar,
taken as a whole, quite honestly believes that the universe will obey the
judicial decree. No delusion could be profounder and none, perhaps, more
dangerous. Courts, I need hardly say, cannot control nature, though by trying to
do so they may, like the Parliament of Paris, create a friction which shall
induce an appalling catastrophe.</p>
<p>True judicial courts, whether in times of peace or of revolution, seldom fail
to be a substantial protection to the weak, because they enforce an established <i>corpus
juris</i> and conduct trials by recognized forms. It is startling to compare the
percentage of convictions to prosecutions, for the same class of offences, in
the regular criminal courts during the French Revolution, with the percentage in
the Revolutionary Tribunal. And once a stable social equilibrium is reached, all
men tend to support judicial courts, if judicial courts exist, from an instinct
of self-preservation. This has been amply shown by French experience, and it is
here that French history is so illuminating to the American mind. Before the
Revolution France had semi-political courts which conduced to the overthrow of
Turgot, and, therefore, wrought for violence; but more than this, France, under
the old r�gime, had evolved a legal profession of a cast of mind incompatible
with an equal administration of the law. The French courts were, therefore, when
trouble came, supported only by a faction, and were cast aside. With that the
old r�gime fell.</p>
<p>The young Duke of Chartres, the son of �galit� Orleans, and the future
Louis Philippe, has related in his journal an anecdote which illustrates that
subtle poison of distrust which undermines all legal authority, the moment that
suspicion of political partiality in the judiciary enters the popular mind. In
June, 1791, the Duke went down from Paris to Vend�me to join the regiment of
dragoons of which he had been commissioned colonel. One day, soon after he
joined, a messenger came to him in haste to tell him that a mob had gathered
near by who were about to hang two priests. "I ran thither at once,"
wrote the Duke; "I spoke to those who seemed most excited and impressed
upon them how horrible it was to hang men without trial; besides, to act as
hangmen was to enter a trade which they all thought infamous; that they had
judges, and that this was their affair. They answered that their judges were
aristocrats, and that they did not punish the guilty." That is to say,
although the priests were non-jurors, and, therefore, criminals in the eye of
the law, the courts would not enforce the law because of political bias.<SPAN name="FNanchor43"></SPAN><SPAN href="#Footnote_43"><sup>[43]</sup></SPAN>
"It is your fault," I said to them, "since you elected them [the
judges], but that is no reason why you should do justice yourselves."</p>
<p>Danton explained in the Convention that it was because of the deep distrust
of the judiciary in the public mind, which this anecdote shows, that the
September massacres occurred, and it was because all republicans knew that the
state and the army were full of traitors like Dumouriez, whom the ordinary
courts would not punish, that Danton brought forward his bill to organize a true
political tribunal to deal with them summarily. When Danton carried through this
statute he supposed himself to be at the apex of power and popularity, and to be
safe, if any man in France were safe. Very shortly he learned the error In his
calculation. Billaud was a member of the Committee of Public Safety, while
Danton had allowed himself to be dropped from membership. Danton had just been
married, and to an aristocratic wife, and the turmoil of office had grown to be
distasteful to him. On March 30, 1794, Billaud somewhat casually remarked,
"We must kill Danton;" for in truth Danton, with conservative
leanings, was becoming a grave danger to the extreme Jacobins. Had he lived a
few months longer he would have been a Thermidorist. Billaud, therefore, only
expressed the prevailing Jacobin opinion; so the Jacobins arrested Danton,
Camille Desmoulins, and his other friends, and Danton at once anticipated what
would be his doom. As he entered his cell he said to his jailer: "I erected
the Tribunal. I ask pardon of God and men." But even yet he did not grasp
the full meaning of what he had done. At his trial he wished to introduce his
evidence fully, protesting "that he should understand the Tribunal since he
created it;" nevertheless, he did not understand the Tribunal, he still
regarded it as more or less a court. Topino-Lebrun, the artist, did understand
it. Topino sat on the jury which tried Danton, and observed that the heart of
one of his colleagues seemed failing him. Topino took the waverer aside, and
said: "This is not a <i>trial</i>, it is a <i>measure</i>. Two men are
impossible; one must perish. Will you kill Robespierre?--No.--Then by that
admission you condemn Danton." Lebrun in these few words went to the root
of the matter, and stated the identical principle which underlies our whole
doctrine of the Police Power. A political court is not properly a court at all,
but an administrative board whose function is to work the will of the dominant
faction for the time being. Thus a political court becomes the most formidable
of all engines for the destruction of its creators the instant the social
equilibrium shifts. So Danton found, in the spring of 1794, when the equilibrium
shifted; and so Robespierre, who slew Danton, found the next July, when the
equilibrium shifted again.</p>
<p>Danton died on the 5th April, 1794; about three months later Jourdan won the
Fleurus campaign. Straightway Thermidor followed, and the Tribunal worked as
well for the party of Thermidor as it had for the Jacobins. Carrier, who had
wallowed in blood at Nantes, as the ideal Jacobin, walked behind the cart which
carried Robespierre to the scaffold, shouting, "Down with the tyrant;"
but that did not save him. In vain he protested to the Convention that, were he
guilty, the whole Convention was guilty, "down to the President's
bell." By a vote of 498 out of 500, Carrier was sent before the Tribunal
which, even though reorganized, condemned him. Th�r�zia Cabarrus gaily
presided at the closing of the Jacobin Club, Tallien moved over to the benches
on the right, and therefore the court was ruthless to Fouquier. On the 11
Thermidor, seventy members, officers, or partisans of the Commune of Paris, were
sent to the guillotine in only two batches. On the next day twelve more
followed, four of whom were jurymen. Fouquier's turn came later. It may also be
worth while for Americans to observe that a political court is quite as
effective against property as against life. The Duke of Orleans is only the most
celebrated example of a host of Frenchmen who perished, not because of revenge,
fear, or jealousy, but because the party in power wanted their property. The
famous Law touching Suspected Persons (loi des suspects) was passed on September
17, 1793. On October 10, 1793, that is three weeks afterward, Saint-Just moved
that additional powers should be granted, by the Convention, to the Committee of
Public Safety, defining, by way of justification for his motion, those who fell
within the purview of this law. Among these, first of all, came "the
rich," who by that fact alone were to be considered, <i>prima facie</i>,
enemies to their country.</p>
<p>As I stated at the beginning of this chapter, history never can repeat
itself; therefore, whatever else may happen in the United States, we certainly
shall have no Revolutionary Tribunal like the French Tribunal of 1793, but the
mechanical principle of the political court always remains the same; it is an
administrative board the control of which is useful, or may be even essential,
to the success of a dominant faction, and the instinctive comprehension which
the American people have of this truth is demonstrated by the determination with
which they have, for many years, sought to impose the will of the majority upon
the judiciary. Other means failing to meet their expectations, they have now hit
on the recall, which is as revolutionary in essence as were the methods used
during the Terror. Courts, from the Supreme Court downward, if purged by recall,
or a process tantamount to recall, would, under proper stress, work as surely
for a required purpose as did the tribunal supervised by Fouquier-Tinville.</p>
<p>These considerations rather lead me to infer that the extreme complexity of
the administrative problems presented by modern industrial civilization is
beyond the compass of the capitalistic mind. If this be so, American society, as
at present organized, with capitalists for the dominant class, can concentrate
no further, and, as nothing in the universe is at rest, if it does not
concentrate, it must, probably, begin to disintegrate. Indeed we may perceive
incipient signs of disintegration all about us. We see, for example, an
universal contempt for law, incarnated in the capitalistic class itself, which
is responsible for order, and in spite of the awful danger which impends over
every rich and physically helpless type should the coercive power collapse. We
see it even more distinctly in the chronic war between capital and labor, which
government is admittedly unable to control; we see it in the slough of urban
politics, inseparable from capitalistic methods of maintaining its ascendancy;
and, perhaps, most disquieting of all, we see it in the dissolution of the
family which has, for untold ages, been the seat of discipline and the
foundation of authority. For the dissolution of the family is peculiarly a
phenomenon of our industrial age, and it is caused by the demand of industry for
the cheap labor of women and children. Napoleon told the lawyers who drafted the
Code that he insisted on one thing alone. They must fortify the family, for,
said he, if the family is responsible to the father and the father to me, I can
keep order in France. One of the difficulties, therefore, which capital has to
meet, by the aid of such administrative ability as it can command, is how to
keep order when society no longer rests on the cohesive family, but on highly
volatilized individuals as incohesive as grains of sand.</p>
<p>Meditating upon these matters, it is hard to resist the persuasion that
unless capital can, in the immediate future, generate an intellectual energy,
beyond the sphere of its specialized calling, very much in excess of any
intellectual energy of which it has hitherto given promise, and unless it can
besides rise to an appreciation of diverse social conditions, as well as to a
level of political sagacity, far higher than it has attained within recent
years, its relative power in the community must decline. If this be so the
symptoms which indicate social disintegration will intensify. As they intensify,
the ability of industrial capital to withstand the attacks made upon it will
lessen, and this process must go on until capital abandons the contest to defend
itself as too costly. Then nothing remains but flight. Under what conditions
industrial capital would find migration from America possible, must remain for
us beyond the bounds even of speculation. It might escape with little or no
loss. On the other hand, it might fare as hardly as did the southern
slaveholders. No man can foresee his fate. In the event of adverse fortune,
however, the position of capitalists would hardly be improved by the existence
of political courts serving a malevolent majority. Whatever may be in store for
us, here at least, we reach an intelligible conclusion. Should Nature follow
such a course as I have suggested, she will settle all our present perplexities
as simply and as drastically as she is apt to settle human perturbations, and
she will follow logically in the infinitely extended line of her own most
impressive precedents.
<br/></p>
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