Now, therefore, having made this distinction, we may observe, that the first class of miracles was occasional and polemic: it was meant to meet a special hostility incident to the birth-struggles of a new religion, and a religion which, for the very reason that it was true, stood opposed to the spirit of the world; of a religion which, in its first stage, had to fight against a civil power in absolute possession of the civilized earth, and backed by seventy legions. This being settled, it follows, that if Hume's argument were applicable in its whole strength to the evidential miracles, no result of any importance could follow. It is clear that a Christianized earth never can want polemic miracles again; polemic miracles were wanted for a transitional state, but such a state cannot return. Polemic miracles were wanted for a state of conflict with a dominant idolatry, It was Christianity militant, and militant with childlike arms, against Paganism triumphant. But Christianity, in league with civilization, and resting on the powers of this earth allied with her own, never again can speak to idolatrous man except from a station of infinite superiority. If, therefore, these evidential miracles are incommunicable as respects their proofs to after generations, neither are they wanted.
Still it will be urged—Were not the miracles meant for purposes ulterior to the transitional state? Were they not meant equally for the polemic purpose of confuting hostility at the moment, and of propping the faith of Christians in all after ages? The growing opinion amongst reflecting Christians is, that they were not: that the evidential miracles accomplished their whole purpose in their own age. Something of supernatural agency, visibly displayed, was wanted for the first establishment of a new faith. But, once established, it was a false faith only that could need this external support. Christianity could not unroot itself now, though every trace of evidential miracle should have vanished. Being a true religion, once rooted in man's knowledge and man's heart, it is self-sustained; it never could be eradicated.
But, waiving that argument, it is evident, that whatever becomes of the evidential miracles, Christianity never can dispense with those transcendent miracles which we have called constituent,—those which do not so much demonstrate Christianity as are Christianity in a large integral section. Now as to the way in which Hume's argument could apply to these, we shall reserve what we have to say until a subsequent section. Meantime, with respect to the other class, the simply evidential miracles, it is plain, that if ever they should be called for again, then, as to them, Hume's argument will be evaded, or not, according to their purpose. If their function regards an individual, it will be no just objection to them that they are incommunicable. If it regards a multitude or a nation, then the same power which utters the miracle can avail for its manifestation before a multitude, as happened in the days of the New Testament, and then is realized the case Beta of Sect. II, And if it is still objected, that even in that case there could be no sufficient way of propagating the miracle, with its evidence, to other times or places, the answer must be,—
1st. That supposing the purpose merely polemic, that purpose is answered without such a propagation.
2dly. That, supposing the purpose, by possibility, an ulterior purpose, stretching into distant ages, even then our modern arts of civilization, printing, &c., give us advantages which place a remote age on a level with the present as to the force of evidence; and that even the defect of autopsy may be compensated by sufficient testimony of a multitude, it is evident that Hume himself felt, by his evasion in the case of the imaginary Elizabethan miracle proposed by himself.
RECAPITULATION.
Now let us recapitulate the steps we have made before going on to the rest.
We have drawn into notice [Sect. II.] the case Beta,—overlooked by Hume in his argument, but apparently not overlooked in his consciousness,—the case where a multitude of witnesses overrules the incommunicability attaching to a single witness.
2dly. We have drawn into notice the class of internal miracles,—miracles going on in the inner economy of every Christian's heart; for it is essential to a Christian to allow of prayer. He cannot be a Christian if he should condemn prayer; and prayer cannot hope to produce its object without a miracle. And to such miracles Hume's argument, the argument of incommunicability, is inapplicable. They do not seek to transplant themselves; every man's personal experience in this respect is meant for himself alone.
3dly. Even amongst miracles not internal, we have shown—that if one class (the merely evidential and polemic) are incommunicable, i.e. not capable of propagation to a remote age or place, they have sufficiently fulfilled their immediate purpose by their immediate effect. But such miracles are alien and accidental to Christianity. Christ himself reproved severely those who sought such signs, as a wicked, unbelieving generation; and afterwards he reproved, with a most pathetic reproach, that one of his own disciples who demanded such a sign. But besides these evidential miracles, we noticed also,
4thly. The constituent miracles of Christianity; upon which, as regarded Hume's argument, we reserved ourselves to the latter section: and to these we now address ourselves.
But first we premise this
Lemma:—That an á priori (or, as we shall show, an a posteriori) reason for believing a miracle, or for expecting a miracle, will greatly disturb the valuation of x (that is, the abstract resistance to credibility), as assumed in Hume's argument. This is the centre in which we are satisfied, lurks that πρωτον ψευδος which Hume himself suspected: and we add, that as a vast number of witnesses (according to a remark made in Sect. II.) will virtually operate as a reduction of the value allowed to x, until x may be made to vanish altogether,—so in the reverse order, any material reduction of value in x will virtually operate exactly as the multiplication of witnesses; and the case Alpha will be raised to the case Beta.
This Lemma being stated as a point of appeal in what follows, we proceed to
SECTION V.
ON HUME'S ARGUMENT, AS AFFECTED BY THE PURPOSE.
This topic is so impressive, and indeed awful, in its relation to Christianity, that we shall not violate its majesty by doing more than simply stating the case. All the known or imagined miracles that ever were recorded as flowing from any Pagan origin, were miracles—1, of ostentation; 2, of ambition and rivalship; 3, expressions of power; or, 4, were blind accidents. Not even in pretence were any of them more than that. First and last came the Christian miracles, on behalf of a moral purpose. The purpose was to change man's idea of his own nature; and to change his idea of God's nature. Many other purposes might be stated; but all were moral. Now to any other wielder of supernatural power, real or imaginary, it never had occurred by way of pretence even, that in working miracles he had a moral object. And here, indeed, comes in the argument of Christ with tremendous effect—that, whilst all other miracles might be liable to the suspicion of having been effected by alliance with darker agencies, his only (as sublime moral agencies for working the only revolution that ever was worked in man's nature) could not be liable to such a suspicion; since, if an evil spirit would lend himself to the propagation of good in its most transcendent form, in that case the kingdom of darkness would be 'divided against itself.'
Here, then, is an a posteriori reason, derived from the whole subsequent life and death of the miracle-worker, for diminishing the value of x according to the Lemma.
SECTION VI.
ON THE ARGUMENT OF HUME AS AFFECTED BY MATTERS OF FACT.
It is a very important axiom of the schoolmen in this case—that, a posse ad esse non valet consequentia, you can draw no inference from the possibility of a thing to its reality, but that, in the reverse order, ab esse ad posse, the inference is inevitable: if it is, or if it ever has been—then of necessity it can be. Hume himself would have admitted, that the proof of any one miracle, beyond all possibility of doubt, at once lowered the—x of his argument (i.e. the value of the resistance to our faith) so as to affect the whole force of that argument, as applying to all other miracles whatever having a rational and an adequate purpose. Now it happens that we have two cases of miracles which can be urged in this view: one a posteriori, derived from our historical experience, and the other a priori. We will take them separately.
1. The a priori miracle we call such—not (as the unphilosophic may suppose) because it occurred previously to our own period, or from any consideration of time whatever, but in the logical meaning, as having been derived from our reason in opposition to our experience. This order of miracle it is manifest that Hume overlooked altogether, because he says expressly that we have nothing to appeal to in this dispute except our human experience. But it happens that we have; and precisely where the possibilities of experience desert us. We know nothing through experience (whether physical or historical) of what preceded or accompanied the first introduction of man upon this earth. But in the absence of all experience, our reason informs us—that he must have been introduced by a supernatural agency. Thus far we are sure. For the sole alternative is one which would be equally mysterious, and besides, contradictory to the marks of change—of transition—and of perishableness in our planet itself,—viz. the hypothesis of an eternal unoriginated race: and that is more confounding to the human intellect than any miracle whatever: so that, even tried merely as one probability against another, the miracle would have the advantage. The miracle supposes a supersensual and transcendent cause. The opposite hypothesis supposes effects without any cause. In short, upon any hypothesis, we are driven to suppose—and compelled to suppose—a miraculous state as introductory to the earliest state of nature. The planet, indeed, might form itself by mechanical laws of motion, repulsion, attraction, and central forces. But man could not. Life could not. Organization, even animal organization, might perhaps be explained out of mechanical causes. But life could not. Life is itself a great miracle. Suppose the nostrils formed by mechanic agency; still the breath of life could not enter them without a supernatural force. And a fortiori, man, with his intellectual and moral capacities, could not arise upon this planet without a higher agency than any lodged in that nature which is the object of our present experience. This kind of miracle, as deduced by our reason, and not witnessed experimentally, or drawn from any past records, we call an _a priori miracle.
2. But there is another kind of miracle, which Hume ought not to have overlooked, but which he has, however, overlooked: he himself observes, very justly, that PROPHECY is a distinct species of the miraculous; and, no doubt, he neglected the Scriptural Prophecies, as supposing them all of doubtful interpretation, or believing with Porphyry, that such as are not doubtful, must have been posterior to the event which they point to. It happens, however, that there are some prophecies which cannot be evaded or 'refused,' some to which neither objection will apply. One, we will here cite, by way of example:—The prophecy of Isaiah, describing the desolation of Babylon, was delivered about seven centuries before Christ. A century or so after Christ, comes Porphyry, and insinuates, that all the prophecies alike might be comparatively recent forgeries! Well, for a moment suppose it: but, at least, they existed in the days of Porphyry. Now, it happens, that more than two centuries after Porphyry, we have good evidence, as to Babylon, that it had not yet reached the stage of utter desolation predicted by Isaiah. Four centuries after Christ, we learn from a Father of the Christian Church, who had good personal information as to its condition, that it was then become a solitude, but a solitude in good preservation as a royal park. The vast city had disppeared, and the murmur of myriads: but as yet there were no signs whatever of ruin or desolation. Not until our own nineteenth century was the picture of Isaiah seen in full realization—then lay the lion basking at noonday—then crawled the serpents from their holes; and at night the whole region echoed with the wild cries peculiar to arid wildernesses. The transformations, therefore, of Babylon, have been going on slowly through a vast number of centuries until the perfect accomplishment of Isaiah's picture. Perhaps they have travelled through a course of much more than two thousand years: and from the glimpses we gain of Babylon at intervals, we know for certain that Isaiah had been dead for many centuries before his vision could have even begun to realize itself. But then, says an objector, the final ruins of great empires and cities may be safely assumed on general grounds of observation. Hardly, however, if they happen to be seated in a region so fertile as Mesopotamia, and on a great river like the Euphrates. But allow this possibility—allow the natural disappearance of Babylon in a long course of centuries. In other cases the disappearance is gradual, and at length perfect. No traces can now be found of Carthage; none of Memphis; or, if you suppose something peculiar to Mesopotamia, no traces can be found of Nineveh, or on the other side of that region: none of other great cities—Roman, Parthian, Persian, Median, in that same region or adjacent regions. Babylon only is circumstantially described by Jewish prophecy as long surviving itself in a state of visible and audible desolation: and to Babylon only such a description applies. Other prophecies might be cited with the same result. But this is enough. And here is an a posteriori miracle.
Now, observe: these two orders of miracle, by their very nature, absolutely evade the argument of Hume. The incommunicability disappears altogether. The value of—x absolutely vanishes and becomes = 0. The human reason being immutable, suggests to every age, renews and regenerates for ever, the necessary inference of a miraculous state antecedent to the natural state. And, for the miracles of prophecy, these require no evidence and depend upon none: they carry their own evidence along with them; they utter their own testimonies, and they are continually reinforcing them; for, probably, every successive period of time reproduces fresh cases of prophecy completed. But even one, like that of Babylon, realizes the case of Beta (Sect. II.) in its most perfect form. History, which attests it, is the voice of every generation, checked and countersigned in effect by all the men who compose it.
SECTION VII.
OF THE ARGUMENT AS AFFECTED BY THE PARTICULAR WORKER OF THE MIRACLES.
This is the last 'moment,' to use the language of Mechanics, which we shall notice in this discussion. And here there is a remarkable petitio principii in Hume's management of his argument. He says, roundly, that it makes no difference at all if God were connected with the question as the author of the supposed miracles. And why? Because, says he, we know God only by experience—meaning as involved in nature—and, therefore, that in so far as miracles transcend our experience of nature, they transcend by implication our experience of God. But the very question under discussion is—whether God did, or did not, manifest himself to human experience in the miracles of the New Testament. But at all events, the idea of God in itself already includes the notion of a power to work miracles, whether that power were over exercised or not; and as Sir Isaac Newton thought that space might be the sensorium of God, so may we (and with much more philosophical propriety) affirm that the miraculous and the transcendent is the very nature of God. God being assumed, it is as easy to believe in a miracle issuing from him as in any operation according to the laws of nature (which, after all, is possibly in many points only the nature of our planet): it is as easy, because either mode of action is indifferent to him. Doubtless this argument, when addressed to an Atheist, loses its force; because he refuses to assume a God. But then, on the other hand, it must be remembered that Hume's argument itself does not stand on the footing of Atheism. He supposes it binding on a Theist. Now a Theist, in starting from the idea of God, grants, of necessity, the plenary power of miracles as greater and more awful than man could even comprehend. All he wants is a sufficient motive for such transcendent agencies; but this is supplied in excess (as regards what we have called the constituent miracles of Christianity) by the case of a religion that was to revolutionize the moral nature of man. The moral nature—the kingdom of the will—is esentially opposed to the kingdom of nature even by the confession of irreligious philosophers; and, therefore, being itself a supersensual field, it seems more reasonably adapted to agencies supernatural than such as are natural.
GENERAL RECAPITULATION.
In Hume's argument,—x, which expresses the resistance to credibility in a miracle, is valued as of necessity equal to the veiy maximum or ideal of human testimony; which, under the very best circumstances, might be equal to +x, in no case more, and in all known cases less. We, on the other hand, have endeavored to show—
1. That, because Hume contemplates only the case of a single witness, it will happen that the case Beta [of Sect. II.] where a multitude of witnesses exist, may greatly exceed +x; and with a sufficient multitude must exceed x.
2. That in the case of internal miracles—operations of divine agency within the mind and conscience of the individual—Hume's argument is necessarily set aside: the evidence, the +x, is perfect for the individual, and the miraculous agency is meant for him only.
3. That, in the case of one primary miracle, viz. the first organization of man on this planet, the evidence greatly transcends x: because here it is an evidence not derived from experience at all, but from the reflecting reason: and the miracle has the same advantage over facts of experience, that a mathematical truth has over the truths which rest on induction. It is the difference between must be and is—between the inevitable and the merely actual.
4. That, in the case of another order of miracles, viz. prophecies, Hume's argument is again overruled; because the +x in this case, the affirmative evidence, is not derived froms human testimony. Some prophecies are obscure; they may be fulfilled possibly without men's being aware of the fulfilment. But others, as that about the fate of Babylon—about the fate of the Arabs (the children of Ishmael)—about the fate of the Jews—are not of a nature to be misunderstood; and the evidence which attends them is not alien, but is intrinsic, and developed by themselves in successive stages from age to age.
5. That, because the primary miracle in No. 3, argues at least a power competent to the working of a miracle, for any after miracle we have only to seek a sufficient motive. Now, the objects of the Christian revelation were equal at the least to those of the original creation. In fact, Christianity may be considered as a second creation; and the justifying cause for the constituent miracles of Christianity is even to us as apparent as any which could have operated at the primary creation. The epigenesis was, at least, as grand an occasion as the genesis. Indeed, it is evident, for example, that Christianity itself could not have existed without the constituent miracle of the Resurrection; because without that there would have been no conquest over death. And here, as in No. 3, +x is derived—not from any experience, and therefore cannot be controlled by that sort of hostile experience which Hume's argument relies on; but is derived from the reason which transcends all experience.
CASUISTRY.
[1839.]
PART I.
It is remarkable, in the sense of being noticeable and interesting, but not in the sense of being surprising, that Casuistry has fallen into disrepute throughout all Protestant lands. This disrepute is a result partly due to the upright morality which usually follows in the train of the Protestant faith. So far it is honorable, and an evidence of superior illumination. But, in the excess to which it has been pushed, we may trace also a blind and somewhat bigoted reaction of the horror inspired by the abuses of the Popish Confessional. Unfortunately for the interests of scientific ethics, the first cultivators of casuistry had been those who kept in view the professional service of auricular confession. Their purpose was—to assist the reverend confessor in appraising the quality of doubtful actions, in order that he might properly adjust his scale of counsel, of warning, of reproof, and of penance. Some, therefore, in pure simplicity and conscientious discharge of the duty they had assumed, but others, from lubricity of morals or the irritations of curiosity, pushed their investigations into unhallowed paths of speculation. They held aloft a torch for exploring guilty recesses-of human life, which it is far better for us all to leave in their original darkness. Crimes that were often all but imaginary, extravagances of erring passion that would never have been known as possibilities to the young and the innocent, were thus published in their most odious details. At first, it is true, the decent draperies of a dead language were suspended before these abominations: but sooner or later some knave was found, on mercenary motives, to tear away this partial veil; and thus the vernacular literature of most nations in Southern Europe, was gradually polluted with revelations that had been originally made in the avowed service of religion. Indeed, there was one aspect of such books which proved even more extensively disgusting. Speculations pointed to monstrous offences, bore upon their very face and frontispiece the intimation that they related to cases rare and anomalous. But sometimes casuistry pressed into the most hallowed recesses of common domestic life. The delicacy of youthful wives, for example, was often not less grievously shocked than the manliness of husbands, by refinements of monkish subtlety applied to cases never meant for religious cognisance—but far better left to the decision of good feeling, of nature, and of pure household morality. Even this revolting use of casuistry, however, did less to injure its name and pretensions than a persuasion, pretty generally diffused, that the main purpose and drift of this science was a sort of hair-splitting process, by which doubts might be applied to the plainest duties of life, or questions raised on the extent of their obligations, for the single benefit of those who sought to evade them. A casuist was viewed, in short, as a kind of lawyer or special pleader in morals, such as those who, in London, are known as Old Bailey practitioners, called in to manage desperate cases—to suggest all available advantages—to raise doubts or distinctions where simple morality saw no room for either—and generally to teach the art, in nautical phrase, of sailing as near the wind as possible, without fear of absolutely foundering.
Meantime it is certain that casuistry, when soberly applied, is not only a beneficial as well as a very interesting study; but that, by whatever title, it is absolutely indispensable to the practical treatment of morals. We may reject the name; the thing we cannot reject. And accordingly the custom has been, in all English treatises on ethics, to introduce a good deal of casuistry under the idea of special illustration, but without any reference to casuistry as a formal branch of research. Indeed, as society grows complex, the uses of casuistry become more urgent. Even Cicero could not pursue his theme through such barren generalizations as entirely to evade all notice of special cases: and Paley has given the chief interest to his very loose investigations of morality, by scattering a selection of such cases over the whole field of his discussion.
The necessity of casuistry might, in fact, be deduced from the very origin, and genesis of the word. First came the general law or rule of action. This was like the major proposition of a syllogism. But next came a special instance or case, so stated as to indicate whether it did or did not fall under the general rule. This, again, was exactly the minor proposition in a syllogism. For example, in logic we say, as the major proposition in a syllogism, Man is mortal. This is the rule. And then 'subsuming' (such is the technical phrase—subsuming) Socrates under the rule by a minor proposition—viz. Socrates is a man—we are able mediately to connect him with the predicate of that rule, viz, ergo, Socrates is mortal.[Footnote: The ludicrous blunder of Reid (as first published by Lord Kames in his Sketches), and of countless others, through the last seventy or eighty years, in their critiques on the logic of Aristotle, has been to imagine that such illustrations of syllogism as these were meant for specimens of what syllogism could perform. What an elaborate machinery, it was said, for bringing out the merest self-evident truisms! But just as reasonably it might have been objected, when a mathematician illustrated the process of addition by saying 3+4=7, Behold what pompous nothings! These Aristotelian illustrations were purposely drawn from cases not open to dispute, and simply as exemplifications of the meaning: they were intentionally self-evident.] Precisely upon this model arose casuistry. A general rule, or major proposition, was laid down—suppose that he who killed any human being, except under the palliations X, Y, Z, was a murderer. Then in a minor proposition, the special case of the suicide was considered. It was affirmed, or it was denied, that his case fell under some one of the palliations assigned. And then, finally, accordingly to the negative or affirmative shape of this minor proposition, it was argued, in the conclusion, that the suicide was or was not, a murderer. Out of these cases, i.e. oblique deflexions from the universal rule (which is also the grammarian's sense of the word case) arose casuistry.
After morality has done its very utmost in clearing up the grounds upon which it rests its decisions—after it has multiplied its rules to any possible point of circumstantiality—there will always continue to arise cases without end, in the shifting combinations of human action, about which a question will remain whether they do or do not fall under any of these rules. And the best way for seeing this truth illustrated on a broad scale, the shortest way and the most decisive is—to point our attention to one striking fact, viz. that all law, as it exists in every civilized land, is nothing but casuistry. Simply because new cases are for ever arising to raise new doubts whether they do or do not fall under the rule of law, therefore it is that law is so inexhaustible. The law terminates a dispute for the present by a decision of a court, (which constitutes our 'common law,') or by an express act of the legislature, (which constitutes our 'statute law.') For a month or two matters flow on smoothly. But then comes a new case, not contemplated or not verbally provided for in the previous rule. It is varied by some feature of difference. The feature, it is suspected, makes no essential difference: substantially it may be the old case. Ay—but that is the very point to be decided. And so arises a fresh suit at law, and a fresh decision. For example, after many a decision and many a statute, (all arising out of cases supervening upon cases,) suppose that great subdivision of jurisprudence called the Bankrupt Laws to have been gradually matured. It has been settled, suppose, that he who exercises a trade, and no other whatsoever, shall be entitled to the benefit of the bankrupt laws. So far is fixed: and people vainly imagine that at length a station of rest is reached, and that in this direction at least, the onward march of law is barred. Not at all. Suddenly a schoolmaster becomes insolvent, and attempts to avail himself of privileges as a technical bankrupt. But then arises a resistance on the part of those who are interested in resisting: and the question is raised—Whether the calling of a schoolmaster can be legally considered a trade? This also is settled: it is solemnly determined that a schoolmaster is a tradesman. But next arises a case, in which, from peculiar variation of the circumstances, it is doubtful whether the teacher can technically be considered a schoolmaster. Suppose that case settled: a schoolmaster, sub-distinguished as an X Y schoolmaster, is adjudged to come within the meaning of the law. But scarcely is this sub-variety disposed of, than up rises some decomplex case, which is a sub-variety of this sub-variety: and so on for ever.
Hence, therefore, we may see the shortsightedness of Paley in quoting with approbation, and as if it implied a reproach, that the Mussulman religious code contains 'not less than seventy-five thousand traditional precepts.' True: but if this statement shows an excess of circumstantiality in the moral systems of Mussulmans, that result expresses a fact which Paley overlooks—viz. that their moral code is in reality their legal code. It is by aggregation of cases, by the everlasting depullulation of fresh sprouts and shoots from old boughs, that this enormous accumulation takes place; and, therefore, the apparent anomaly is exactly paralleled in our unmanageable superstructure of law, and in the French supplements to their code, which have already far overbuilt the code itself. If names were disregarded, we and the Mahometans are in the very same circumstances.
Casuistry, therefore, is the science of cases, or of those special varieties which are forever changing the face of actions as contemplated in general rules. The tendency of such variations is, in all states of complex civilization, to absolute infinity.[Footnote: We have noticed our own vast pile of law, and that of the French. But neither of us has yet reached the alarming amount of the Roman law, under which the very powers of social movement threatened to break down. Courts could not decide, advocates could not counsel, so interminable was becoming the task of investigation. This led to the great digest of Justinian. But, had Roman society advanced in wealth, extent, and social development, instead of retrograding, the same result would have returned in a worse shape. The same result now menaces England, and will soon menace her much more.] It is our present purpose to state a few of such cases, in order to fix attention upon the interest and the importance which surround them. No modern book of ethics can be worth notice, unless in so far as it selects and argues the more prominent of such cases, as they offer themselves in the economy of daily life. For we repeat—that the name, the word casuistry, may be evaded, but the thing cannot; nor is it evaded in our daily conversations.
I. The Case of the Jaffa Massacre,—No case in the whole compass of casuistry has been so much argued to and fro—none has been argued with so little profit; for, in fact, the main elements of the moral decision have been left out of view. Let us state the circumstances:—On the 11th of February, 1799, Napoleon, then and for seven months before in military possession of Egypt, began his march towards Syria. His object was to break the force of any Turkish invasion, by taking it in fractions. It had become notorious to every person in Egypt, that the Porte rejected the French pretence of having come for the purpose of quelling Mameluke rebellion—the absurdity of which, apart from its ludicrous Quixotism, was evident in the most practical way, viz. by the fact, that the whole revenues of Egypt were more than swallowed up by the pay and maintenance of the French army. What could the Mamelukes have done worse? Hence it had become certain that the Turks would send an expedition to Egypt; and Napoleon viewing the garrisons in Syria as the advanced guard of such an expedition, saw the best chance for general victory in meeting these troops beforehand, and destroying them in detail. About nineteen days brought him within view of the Syrian fields. On the last day of February he slept at the Arimathea of the Gospel. In a day or two after his army was before Jaffa, (the Joppa of the Crusaders,)—a weak place, but of some military interest,[Footnote: It is singular that some peculiar interest has always settled upon Jaffa, no matter who was the military leader of the time, or what the object of the struggle. From Julius Caesar, Joppa enjoyed some special privileges and immunities—about a century after, in the latter years of Nero, a most tragical catastrophe happened at Joppa to the Syrian pirates, by which the very same number perished as in the Napoleon massacre, viz. something about 4000. In the 200 years of the Crusades, Joppa revived again into military verdure. The fact is, that the shore of Syria is pre-eminently deficient in natural harbors, or facilities for harbors—those which exist have been formed by art and severe contest with the opposition of nature. Hence their extreme paucity, and hence their disproportionate importance in every possible war.] from the accident of being the very first fortified town to those entering Palestine from the side of Egypt. On the 4th of March this place was invested; on the 6th, barely forty-eight hours after, it was taken by storm. This fact is in itself important; because it puts an end to the pretence so often brought forward, that the French army had been irritated by a long resistance. Yet, supposing the fact to have been so, how often in the history of war must every reader have met with cases where honorable terms were granted to an enemy merely on account of his obstinate resistance? But then here, it is said, the resistance was wilfully pushed to the arbitration of a storm. Even that might be otherwise stated; but, suppose it true, a storm in military law confers some rights upon the assailants which else they would not have had—rights, however, which cease with the day of storming. Nobody denies that the French army might have massacred all whom they me't in arms at the time and during the agony of storming. But the question is, Whether a resistance of forty-eight hours could create the right, or in the least degree palliate the atrocity, of putting prisoners to death in cold blood? Four days after the storming, when all things had settled back into the quiet routine of ordinary life, men going about their affairs as usual, confidence restored, and, above all things, after the faith of a Christian army had been pledged to these prisoners that not a hair of their heads should be touched, the imagination is appalled by this wholesale butchery—even the apologists of Napoleon are shocked by the amount of murder, though justifying its principle. They admit that there were two divisions of the prisoners—one of fifteen hundred, the other of two thousand five hundred. Their combined amount is equal to a little army; in fact, just about that army with which we fought and won the battle of Maida in Calabria. They composed a force equal to about six English regiments of infantry on the common establishment. Every man of these four thousand soldiers, chiefly brave Albanians—every man of this little army was basely, brutally, in the very spirit of abject poltroonery, murdered—murdered as foully as the infants of Bethlehem; resistance being quite hopeless, not only because they had surrendered their arms, but also because, in reliance on Christian honor, they had quietly submitted to have their hands confined with ropes behind their backs. If this blood did not lie heavy on Napoleon's heart in his dying hours, it must have been because a conscience originally callous had been seared by the very number of his atrocities.
Now, having stated the case, let us review the casuistical apologies put forward. What was to be done with these prisoners? There lay the difficulty. Could they be retained according to the common usage with regard to prisoners? No; for there was a scarcity of provisions, barely sufficient for the French army itself. Could they be transported to Egypt by sea? No; for two English line-of-battle ships, the Theseus and the Tiger, were cruising in the offing, and watching the interjacent seas of Egypt and Syria. Could they be transported to Egypt by land? No; for it was not possible to spare a sufficient escort; besides, this plan would have included the separate difficulty as to food. Finally, then, as the sole resource left, could they be turned adrift? No; for this was but another mode of saying, 'Let us fight the matter over again; reinstate yourselves as our enemies; let us leave Jaffa re infectâ, and let all begin again de novo'—since, assuredly, say the French apologists, in a fortnight from that date, the prisoners would have been found swelling the ranks of those Turkish forces whom Napoleon had reason to expect in front.
Before we take one step in replying to these arguments, let us cite two parallel cases from history: they are interesting for themselves, and they show how other armies, not Christian, have treated the self-same difficulty in practice. The first shall be a leaf taken from the great book of Pagan experience; the second from Mahometan: and both were cases in which the parties called on to cut the knot had been irritated to madness by the parties lying at their disposal.
1. The Pagan Decision.—In that Jewish war of more than three years' duration, which terminated in the destruction of Jerusalem, two cities on the lake of Gennesaret were besieged by Vespasian. One of these was Tiberias: the other Tarichæ. Both had been defended with desperation; and from their peculiar situation upon water, and amongst profound precipices, the Roman battering apparatus had not been found applicable to their walls. Consequently the resistance and the loss to the Romans had been unexampled. At the latter siege Vespasian was present in person. Six thousand five hundred had perished of the enemy. A number of prisoners remained, amounting to about forty thousand. What was to be done with them? A great council was held, at which the commander-in-chief presided, assisted (as Napoleon) by his whole staff. Many of the officers were strongly for having the whole put to death: they used the very arguments of the French—'that, being people now destitute of habitations, they would infallibly urge any cities which received them into a war:' fighting, in fact, henceforward upon a double impulse—viz. the original one of insurrection, and a new one of revenge. Vespasian was sensible of all this; and he himself remarked, that, if they had any indulgence of flight conceded, they would assuredly use it against the authors of that indulgence. But still, as an answer to all objections, he insisted on the solitary fact, that he had pledged the Roman faith for the security of their lives; 'and to offer violence, after he had given them his right hand, was what he could not bear to think of.' Such are the simple words of Josephus. In the end, overpowered by his council, Vespasian made a sort of compromise. Twelve hundred, as persons who could not have faced the hardships of captivity and travel, he gave up to the sword. Six thousand select young men were transported as laborers into Greece, with a view to Nero's scheme, then in agitation, for cutting through the isthmus of Corinth; the main body, amounting to thirty thousand, were sold for slaves; and all the rest, who happened to be subjects of Agrippa, as a mark of courtesy to that prince, were placed at his disposal. Now, in this case, it will be alleged that perhaps the main feature of Napoleon's case was not realized, viz. the want of provisions. Every Roman soldier carried on his shoulders a load of seventeen days' provisions, expressly in preparation for such dilemmas; and Palestine was then rank with population gathered into towns. This objection will be noticed immediately: but, meantime, let it be remembered that the prisoners personally appeared before their conquerors in far worse circumstances than the garrison of Jaffa, except as to the one circumstance (in which both parties stood on equal ground) of having had their lives guaranteed. For the prisoners of Gennesaret were chiefly aliens and fugitives from justice, who had no national or local interest in the cities which they had tempted or forced into insurrection; they were clothed with no military character whatever; in short, they were pure vagrant incendiaries. And the populous condition of Palestine availed little towards the execution of Vespasian's sentence: nobody in that land would have bought such prisoners; nor, if they would, were there any means available, in the agitated state of the Jewish people, for maintaining their purchase. It would, therefore, be necessary to escort them to Caesarea, as the nearest Roman port for shipping them: thence perhaps to Alexandria, in order to benefit by the corn vessels: and from Alexandria the voyage to remoter places would be pursued at great cost and labor—all so many objections exactly corresponding to those of Napoleon, and yet all overruled by the single consideration of a Roman (viz. a Pagan) right hand pledged to the fulfilment of a promise. As to the twelve hundred old and helpless people massacred in cold blood, as regarded themselves it was a merciful doom, and one which many of the Jerusalem captives afterwards eagerly courted. But still it was a shocking case. It was felt to be so by many Romans themselves: Vespasian was overruled in that instance: and the horror which settled upon the mind of Titus, his eldest son, from that very case amongst others, made him tender of human life, and anxiously merciful, through the great tragedies which were now beginning to unrol themselves.
2. The Mahometan Decision.—The Emperor Charles V., at different periods, twice invaded the piratical states in the north of Africa. The last of these invasions, directed against Algiers, failed miserably, covering the Emperor with shame, and strewing both land and sea with the wrecks of his great armament. But six years before, he had conducted a most splendid and successful expedition against Tunis, then occupied by Heyradin Barbarossa, a valiant corsair and a prosperous usurper. Barbarossa had an irregular force of fifty thousand men; the Emperor had a veteran army, but not acclimatized, and not much above one half as numerous. Things tended, therefore, strongly to an equilibrium. Such were the circumstances—such was the position on each side: Barbarossa, with his usual adventurous courage, was drawing out of Tunis in order to fight the invader: precisely at that moment occurred the question of what should be done with the Christian slaves. A stronger case cannot be imagined: they were ten thousand fighting men; and the more horrible it seemed to murder so many defenceless people, the more dreadfully did the danger strike upon the imagination. It was their number which appalled the conscience of those who speculated on their murder; but precisely that it was, when pressed upon the recollection, which appalled the prudence of their Moorish masters. Barbarossa himself, familiar with bloody actions, never hesitated about the proper course: 'massacre without mercy' was his proposal. But his officers thought otherwise: they were brave men; 'and,' says Robertson, 'they all approved warmly of his intention to fight. But, inured as they were to scenes of bloodshed, the barbarity of his proposal filled them with horror; and Barbarossa, from the dread of irritating them, consented to spare the lives of the slaves.' Now, in this case, the penalty attached to mercy, in case it should turn out unhappily for those who so nobly determined to stand the risk, cannot be more tragically expressed, than by saying that it did turn out unhappily. We need not doubt that the merciful officers were otherwise rewarded; but for this world and the successes of this world the ruin was total. Barbarossa was defeated in the battle which ensued; flying pell-mell to Tunis with the wrecks of his army, he found these very ten thousand Christians in possession of the fort and town: they turned his own artillery upon himself: and his overthrow was sealed by that one act of mercy—so unwelcome from the very first to his own Napoleonish temper.
Thus we see how this very case of Jaffa had been Settled by Pagan and Mahometan casuists, where courage and generosity happened to be habitually prevalent. Now, turning back ta the pseudo-Christian army, let us very briefly review the arguments for them. First, there were no provisions. But how happened that? or how is it proved? Feeding the prisoners from the 6th to the 10th inclusively of March, proves that there was no instant want. And how was it, then, that Napoleon had run his calculations so narrowly! The prisoners were just 33 per cent, on the total French army, as originally detached from Cairo. Some had already perished of that army: and in a few weeks more, one half of that army had perished, or six thousand men, whose rations were hourly becoming disposable for the prisoners. Secondly, a most important point, resources must have been found in Jaffa.
But thirdly, if not, if Jaffa were so ill-provisioned, how had it ever dreamed of standing a siege? And knowing its condition, as Napoleon must have done from deserters and otherwise, how came he to adopt so needless a measure as that of storming the place? Three days must have compelled it to surrender upon any terms, if it could be really true that, after losing vast numbers of its population in the assault (for it was the bloodshed of the assault which originally suggested the interference of the aides-de-camp,) Jaffa was not able to allow half-rations even to a part of its garrison for a few weeks. What was it meant that the whole should have done, had Napoleon simply blockaded it? Through all these contradictions we see the truth looming as from behind a mist: it was not because provisions failed that Napoleon butchered four thousand young men in cold blood; it was because he wished to signalize his entrance into Palestine by a sanguinary act, such as might strike terror far and wide, resound through Syria as well as Egypt, and paralyze the nerves of his enemies. Fourthly, it is urged that, if he had turned the prisoners loose, they would have faced him again in his next battle. How so? Prisoners without arms? But then, perhaps, they could have retreated upon Acre, where it is known that Djezzar, the Turkish pacha, had a great magazine of arms. That might have been dangerous, if any such retreat had been open. But surely the French army, itself under orders for Acre, could at least have intercepted the Acre route from the prisoners. No other remained but that through the defiles of Naplous. In this direction, however, there was no want of men. Beyond the mountains cavalry only were in use: and the prisoners had no horses, nor habits of acting as cavalry. In the defiles it was riflemen who were wanted, and the prisoners had no rifles; besides that, the line of the French operations never came near to that route. Then, again, if provisions were so scarce, how were the unarmed prisoners to obtain them on the simple allegation that they had fought unsuccessfully against the French!
But, finally, one conclusive argument there is against this damnable atrocity of Napoleon's, which, in all future Lives of Napoleon, one may expect to see-noticed, viz., that if the circumstances of Palestine were such as to forbid the ordinary usages of war, if (which we are far from believing) want of provisions made it indispensable to murder prisoners in cold blood—in that case a Syrian war became impossible to a man of honor; and the guilt commences from a higher point than Jaffa. Already at Cairo, and in the elder stages of the expedition, planned in face of such afflicting necessities, we read the counsels of a murderer; of one rightly carrying such a style of warfare towards the ancient country of the assassins; of one not an apostate merely from Christian humanity, but from the lowest standard of soldierly honor. He and his friends abuse Sir Hudson Lowe as a jailer. But far better to be a jailer, and faithful to one's trust, than to be the cut-throat of unarmed men.
One consideration remains, which we reserve to the end; because it has been universally overlooked, and because it is conclusive against Napoleon, even on his own hypothesis of an absolute necessity. In Vespasian's case it does not appear that he had gained anything for himself, or for his army, by his promise of safety to the enemy: he had simply gratified his own feelings by holding out prospects of final escape. But Napoleon had absolutely seduced the four thousand men from a situation of power, from vantage-ground, by his treacherous promise. And when the French apologists plead—'If we had dismissed the prisoners we should soon have had to fight the battle over again'—they totally forget the state of the facts: they had not fought the battle at all: they had evaded the battle as to these prisoners: as many enemies as could have faced them de novo, so many had they bought off from fighting. Forty centuries of armed men, brave and despairing, and firing from windows, must have made prodigious havoc: and this havoc the French evaded by a trick, by a perfidy, perhaps unexampled in the annals of military men.
II. Piracy.-It is interesting to trace the revolutions of moral feeling. In the early stages of history we find piracy in high esteem. Thucydides tells us that ληστεια, or robbery, when conducted at sea, (i. e. robbery on non-Grecian people,) was held in the greatest honor by his countrymen in elder ages. And this, in fact, is the true station, this point of feeling for primitive man, from which we ought to view the robberies and larcenies of savages. Captain Cook, though a good and often a wise man, erred in this point. He took a plain Old Bailey view of the case; and very sincerely believed, (as all sea-captains ever have done,) that a savage must be a bad man, who would purloin anything that was not his. Yet it is evident that the poor child of uncultured nature, who saw strangers descending, as it were from the moon, upon his aboriginal forests and lawns, must have viewed them under the same angle as the Greeks of old. They were no part of any system to which he belonged; and why should he not plunder them? By force if he could: but, where that was out of the question, why should he not take the same credit for an undetected theft that the Spartan gloried in taking? To be detected was both shame and loss; but he was certainly entitled to any glory which might seem to settle upon success, not at all less than the more pretending citizen of Sparta. Besides all which, amongst us civilized men the rule obtains universally—that the state and duties of peace are to be presumed until war is proclaimed. Whereas, amongst rude nations, war is understood to be the rule—war, open or covert, until suspended by express contract. Bellum inter omnes is the natural state of things for all, except those who view themselves as brothers by natural affinity, by local neighborhood, by common descent, or who make themselves brothers by artificial contracts. Captain Cook, who overlooked all this, should have begun by arranging a solemn treaty with the savages amongst whom he meant to reside for any length of time. This would have prevented many an angry broil then, and since then: it would also have prevented his own tragical fate. Meantime the savage is calumniated and misrepresented, for want of being understood.
There is, however, amongst civilized nations a mode of piracy still tolerated, or which was tolerated in the last war, but is now ripe for extinction. It is that war of private men upon private men, which goes on under the name of privateering. Great changes have taken place in our modes of thinking within the last twenty-five years; and the greatest change of all lies in the thoughtful spirit which we now bring to the investigation of all public questions. We have no doubt at all that, when next a war arises at sea, the whole system of privateering will be condemned by the public voice. And the next step after that will be, to explode all war whatsoever, public or private, upon commerce. War will be conducted by belligerents and upon belligerents exclusively. To imagine the extinction of war itself, in the present stage of human advance, is, we fear, idle. Higher modes of civilization—an earth more universally colonized—the homo sapiens of Linnaeus more humanized, and other improvements must pave the way for that: but amongst the earliest of those improvements, will be the abolition of war carried into quarters where the spirit of war never ought to penetrate. Privateering will be abolished. War, on a national scale, is often ennobling, and one great instrument of pioneering for civilization; but war of private citizen upon his fellow, in another land, is always demoralizing.
III. Usury.—This ancient subject of casuistry we place next to piracy, for a significant reason: the two practices have both changed their public reputation as civilization has advanced, but inversely—they have interchanged characters. Piracy, beginning in honor, has ended in infamy: and at this moment it happens to be the sole offence against society in which all the accomplices, without pity or intercession, let them be ever so numerous, are punished capitally. Elsewhere, we decimate, or even centesimate: here, we are all children of Rhadamanthus. Usury, on the other hand, beginning in utter infamy, has travelled upwards into considerable esteem; and Mr. '10 per shent' stands a very fair chance of being pricked for sheriff next year; and, in one generation more, of passing for a great patriot. Charles Lamb complained that, by gradual changes, not on his part, but in the spirit of refinement, he found himself growing insensibly into 'an indecent character.' The same changes which carry some downwards, carry others up; and Shylock himself will soon be viewed as an eminent martyr or confessor for the truth as it is in the Alley. Seriously, however, there is nothing more remarkable in the history of casuistical ethics, than the utter revolution in human estimates of usury. In this one point the Hebrew legislator agreed with the Roman—Deuteronomy with the Twelve Tables. Cicero mentions that the elder Cato being questioned on various actions, and how he ranked them in his esteem, was at length asked, Quid fœnerari?—how did he rank usury? His indignant answer was, by a retorted question—Quid hominem occidere?—what do I think of murder? In this particular case, as in some others, we must allow that our worthy ancestors and forerunners upon this terraqueous planet were enormous blockheads. And their 'exquisite reason' for this opinion on usury, was quite worthy of Sir Andrew Aguecheek:—'money,' they argued, 'could not breed money: one guinea was neither father nor mother to another guinea: and where could be the justice of making a man pay for the use of a thing which that thing could never produce?' But, venerable blockheads, that argument applies to the case of him who locks up his borrowed guinea. Suppose him not to lock it up, but to buy a hen, and the hen to lay a dozen eggs; one of those eggs will be so much per cent.; and the thing borrowed has then produced its own foenus. A still greater inconsistency was this: Our ancestors would have rejoined—that many people did not borrow in order to produce, i. e. to use the money as capital, but in order to spend, i. e. to use it as income. In that case, at least, the borrowers must derive the foenus from some other fund than the thing borrowed: for, by the supposition, the thing borrowed has been spent. True; but on the same principle these ancestors ought to have forbidden every man to sell any article whatsoever to him who paid for it out of other funds than those produced by the article sold. Mere logical consistency required this: it happens, indeed, to be impossible: but that only argues their entire non-comprehension of their own doctrines.
The whole history of usury teems with instruction: 1st, comes the monstrous absurdity in which the proscription of usury anchored; 2d, the absolute compulsion and pressure of realities in forcing men into a timid abandonment of their own doctrines; 3d, the unconquerable power of sympathy, which humbled all minds to one level, and forced the strongest no less than the feeblest intellects into the same infatuation of stupidity. The casuistry of ancient moralists on this question, especially of the scholastic moralists, such as Suarrez, &c.—the oscillations by which they ultimately relaxed and tied up the law, just as their erring conscience, or the necessities of social life prevailed, would compose one of the interesting chapters in this science. But the Jewish relaxation is the most amusing: it coincides altogether with the theory of savages as to property, which we have already noticed under the head of Piracy. All men on earth, except Jews, were held to be fair subjects for usury; not as though usury were a just or humane thing: no—it was a belligerent act: but then all foreigners in the Jewish eye were enemies for the same reason that the elder Romans had a common term for an enemy and a stranger. And it is probable that many Jews at this day, in exercising usury, conceive themselves to be seriously making war, in a privateering fashion, upon Christendom, and practising reprisals on the Gentiles for ruined Jerusalem.
IV. Bishop Gibson's Chronicon Preciosum.—Many people are aware that this book is a record of prices, as far as they were recoverable, pursued through six centuries of English History. But they are not aware that this whole inquiry is simply the machinery for determining a casuistical question. The question was this:—An English College, but we cannot say in which of our universities, had been founded in the reign of Henry VI., and between 1440 and 1460—probably it might be King's College, Cambridge. Now, the statutes of this college make it imperative upon every candidate for a fellowship to swear that he does not possess an estate in land of inheritance, nor a perpetual pension amounting to five pounds per annum, It is certain, however, that the founder did not mean superstitiously so much gold or silver as made nominally the sum of five pounds, but so much as virtually represented the five pounds of Henry VI.'s time—so much as would buy the same quantity of ordinary comfort. Upon this, therefore, arose two questions for the casuist: (1.) What sum did substantially represent, in 1706, (the year of publishing the Chron. Preciosum,) that nominal £5 of 1440? (2.) Supposing this ascertained, might a man with safe conscience retain his fellowship by swearing that he had not £5 a-year, when perhaps he had £20, provided that £20 were proved to be less in efficacy than the £5 of the elder period? Verbally this was perjury: was it such in reality and to the conscience?
The Chronicle is not, as by its title the reader might suppose, a large folio: on the contrary, it is a small octavo of less than 200 pages. But it is exceedingly interesting, very ably reasoned, and as circumstantial in its illustrations as the good bishop's opportunities allowed him to make it. In one thing he was more liberal than Sir William Petty, Dr. Davenant, &c., or any elder economists of the preceding century; he would have statistics treated as a classical or scholar-like study; and he shows a most laudable curiosity in all the questions arising out of his main one. His answer to that is as follows: 1st, that £5 in Henry VI.'s time contained forty ounces of silver, whereas in Queen Anne's it contained only nineteen ounces and one-third; so that, in reality, the £5 of 1440, was, even as to weight of silver, rather more than £10 of 1706. 2d, as to the efficacy of £10 in Henry VI.'s reign: upon reviewing the main items of common household (and therefore of common academic) expenditure, and pursuing this review through bad years and good years, the bishop decides that it is about equal to £25 or £30 of Queen Anne's reign. Sir George Shuckburgh has since treated this casuistical problem more elaborately: but Bishop Gibson it was, who, in his Chronicon Preciosum, first broke the ice.
After this, he adds an ingenious question upon the apparently parallel case of a freeholder swearing himself worth 40s. per annum as a qualification for an electoral vote: ought not he to hold himself perjured in voting upon an estate often so much below the original 40s. contemplated by Parliament, for the very same reason that a collegian is not perjured in holding a fellowship, whilst, in fact, he may have four or five times the nominal sum privileged by the founder? The bishop says no; and he distinguishes the case thus: the college £5 must always mean a virtual £5—a £5 in efficacy, and not merely in name. But the freeholder's 40s. is not so restricted; and for the following reason—that this sum is constantly coming under the review of Parliament. It is clear, therefore, from the fact of not having altered it, that Parliament is satisfied with a merely nominal 40s., and sees no reason to alter it. True, it was a rule enacted by the Parliament of 1430; at which time 40s. was even in weight of silver equal to 80s. of 1706; and in virtue or power of purchasing equal to £12 at the least. The qualification of a freeholder is, therefore, much lower in Queen Anne's days than in those of Henry VI. But what of that? Parliament, it must be presumed, sees good reason why it should be lower. And at all events, till the law operates amiss, there can be no reason to alter it.
A case of the same kind with those argued by Bishop Gibson arose often in trials for larceny—we mean as to that enactment which fixed the minimum for a capital offence. This case is noticed by the bishop, and juries of late years often took the casuistry into their own hands. They were generally thought to act with no more than a proper humanity to the prisoner; but still people thought such juries incorrect. Whereas, if Bishop Gibson is right, who allows a man to swear positively that he has not £5 a-year, when nominally he has much more, such juries were even technically right. However, this point is now altered by Sir Robert Peel's reforms. But there are other cases, and especially those which arise not between different times but between different places, which will often require the same kind of casuistry as that which is so ably applied by the good and learned bishop.
V. Suicide.—It seems passing strange that the main argument upon which Pagan moralists relied in their unconditional condemnation of suicide, viz. the supposed analogy of our situation in life to that of a sentinel mounting guard, who cannot, without a capital offence, quit his station until called off by his commanding officer, is dismissed with contempt by a Christian moralist, viz. Paley. But a stranger thing still is—that the only man who ever wrote a book in palliation of suicide, should have been not only a Christian—not only an official minister and dignitary of a metropolitan Christian church—but also a scrupulously pious man. We allude, as the reader will suppose, to Dr. Donne, Dean of St. Paul's. His opinion is worthy of consideration. Not that we would willingly diminish, by one hair's weight, the reasons against suicide; but it is never well to rely upon ignorance or inconsideration for the defence of any principle whatever. Donne's notion was, (a notion, however, adopted in his earlier years,) that as we do not instantly pronounce a man a murderer upon hearing that he has killed a fellow-creature, but, according to the circumstances of the case, pronounce his act either murder, or manslaughter, or justifiable homicide; so by parity of reason, suicide is open to distinctions of the same or corresponding kinds; that there may be such a thing as self-homicide not less than self-murder—culpable self-homicide —justifiable self-homicide. Donne called his Essay by the Greek name Biathanatos,[Footnote: This word, however, which occurs nowhere that we remember, except in Lampridius, one of the Augustan historians, is here applied to Heliogabalus; and means, not the act of suicide, but a suicidal person. And possibly Donne, who was a good scholar, may so mean it to be understood in his title-page. Heliogabalus, says Lampridius, had been told by the Syrian priests that he should be Biathanatos, i. e. should commit suicide. He provided, therefore, ropes of purple and of gold intertwisted, that he might hang himself imperatorially. He provided golden swords, that he might run himself through as became Caesar. He had poisons inclosed in jewels, that he might drink his farewell heeltaps, if drink he must, in a princely style. Other modes of august death he had prepared. Unfortunately all were unavailing, for he was murdered and dragged through the common sewers by ropes, without either purple or gold in their base composition. The poor fellow has been sadly abused in history; but, after all, he was a mere boy, and as mad as a March hare.] meaning violent death. But a thing equally strange and a blasphemy almost unaccountable, is the fancy of a Prussian or Saxon baron, who wrote a book to prove that Christ committed suicide, for which he had no other argument than that, in fact, he had surrendered himself unresistingly into the hands of his enemies, and had in a manner caused his own death. This, however, describes the case of every martyr that ever was or can be. It is the very merit and grandeur of the martyr, that he proclaims the truth with his eyes open to the consequences of proclaiming it. Those consequences are connected with the truth, but not by a natural link: the connection is by means of false views, which it is the very business of the martyr to destroy. And, if a man founds my death upon an act which my conscience enjoys, even though I am aware and fully warned that he will found my death upon it, I am not, therefore, guilty of suicide. For, by the supposition, I was obliged to the act in question by the highest of all obligations, viz. moral obligation, which far transcends all physical obligation; so that, whatever excuse attaches to a physical necessity, attaches, a fortiori, to the moral necessity. The case is, therefore, precisely the same as if he had said,—'I will put you to death if the frost benumbs your feet.' The answer is—'I cannot help this effect of frost.' Far less can I help revealing a celestial truth. I have no power, no liberty, to forbear. And, in killing me, he punishes me for a mere necessity of my situation and my knowledge.
It is urged that brutes never commit suicide—except, indeed, the salamander, who has been suspected of loose principles in this point; and we ourselves know a man who constantly affirmed that a horse of his had committed suicide, by violently throwing himself from the summit of a precipice. 'But why,'—as we still asked him—'why should the horse have committed felony on himself? Were oats rising in the market?—or was he in love?—or vexed by politics?—or could a horse, and a young one rising four, be supposed to suffer from taedium vitae?' Meantime, as respects the general question of brute suicides, two points must be regarded,—1st, That brutes are cut off from the vast world of moral and imaginative sufferings entailed upon man; 2dly, That this very immunity presupposes another immunity—
'A cool suspense from pleasure and from pain,'
in the far coarser and less irritable animal organization which must be the basis of an insulated physical sensibility. Brutes can neither suffer from intellectual passions, nor, probably, from very complex derangements of the animal system; so that in them the motives to suicide, the temptations to suicide, are prodigiously diminished. Nor are they ever alive to 'the sublime attractions of the grave.' It is, however, a humiliating reflection, that, if any brutes can feel such aspirations, it must be those which are under the care of man. Doubtless the happiness of brutes is sometimes extended by man; but also, too palpably, their misery.
Why suicide is not noticed in the New Testament is a problem yet open to the profound investigator.
VI. Duelling.—No one case, in the vast volume of casuistry, is so difficult to treat with justice and reasonable adaptation to the spirit of modern times, as this of duelling. For, as to those who reason all upon one side, and never hearken in good faith to objections or difficulties, such people convince nobody but those who were already convinced before they began. At present, (1839,) society has for some years been taking a lurch to one side against duelling: but inevitably a reaction will succeed; for, after all, be it as much opposed as it may to Christianity, duelling performs such important functions in society as now constituted—we mean by the sense of instant personal accountability which it diffuses universally amongst gentlemen, and all who have much sensibility to the point of honor—that, for one life which it takes away as an occasional sacrifice, it saves myriads from outrage and affronts—millions from the anxiety attached to inferior bodily strength. However, it is no part of our present purpose to plead the cause of duelling, though pleaded it must be, more fairly than it ever has been, before any progress will be made in suppressing it.
But the point which we wish to notice at present, is the universal blunder about the Romans and Greeks. They, it is alleged, fought no duels; and occasion is thence taken to make very disadvantageous reflections upon us, the men of this Christian era, who, in defiance of our greater light, do fight duels. Lord Bacon himself is duped by this enormous blunder, and founds upon it a long speech in the Star-Chamber.
Now, in the first place, who does not see that, if the Pagans really were enabled by their religion to master their movements of personal anger and hatred, the inevitable inference will be to the disadvantage of Christianity. It would be a clear case. Christianity and Paganism have been separately tried as means of self-control; Christianity has flagrantly failed; Paganism succeeded universally; not having been found unequal to the task in any one known instance.
But this is not so. A profounder error never existed. No religious influence whatever restrained the Greek or the Roman from fighting a duel. It was purely a civic influence, and it was sustained by this remarkable usage—in itself a standing opprobrium to both Greek and Roman—viz. the unlimited license of tongue allowed to anger in the ancient assemblies and senates. This liberty of foul language operated in two ways: 1st, Being universal, it took away all ground for feeling the words of an antagonist as any personal insult; so he had rarely a motive for a duel. 2dly, the anger was thus less acute; yet, if it were acute, then this Billingsgate resource furnished an instantaneous vehicle for expectorating the wrath. Look, for example, at Cicero's orations against Mark Antony, or Catiline, or against Piso. This last person was a senator of the very highest rank, family, connections; yet, in the course of a few pages, does Cicero, a man of letters, polished to the extreme standard of Rome, address him by the elegant appellations of 'filth,' 'mud,' 'carrion,' (projectum cadaver.) How could Piso have complained? It would have been said-'Oh, there's an end of republican simplicity, if plain speaking is to be put down.' And then it would have been added invidiously—'Better men than ever stood in your shoes have borne worse language. Will you complain of what was tolerated by Africanus, by Paulus Aemilius, by Marius, by Sylla?' Who could reply to that? And why should Piso have even wished to call out his foul-mouthed antagonist? On the contrary, a far more genial revenge awaited him than any sword could have furnished. Pass but an hour, and you will hear Piso speaking—it will then be his turn—every dog has his day; and, though not quite so eloquent as his brilliant enemy, he is yet eloquent enough for the purposes of revenge—he is eloquent enough to call Cicero 'filth,' 'mud,' carrion.'
No: the reason of our modern duelling lies deeper than is supposed: it lies in the principle of honor—a direct product of chivalry—as that was in part a product of Christianity. The sense of honor did not exist in Pagan times. Natural equity, and the equity of civil laws—those were the two moral forces under which men acted. Honor applies to cases where both those forces are silent. And precisely because they had no such sense, and because their revenge emptied itself by the basest of all channels, viz. foul speaking and license of tongue, was it that the Greeks and Romans had no duelling. It was no glory to them that they had not, but the foulest blot on their moral grandeur.
How it was that Christianity was able, mediately, to generate the principle of honor, is a separate problem. But this is the true solution of that common casuistical question about duelling.