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acts is what impresses the character, and gives it a tendency in a particular direction. And that is why I say, if memory were abolished, constitutionally bad people would remain at their original and normal degree of badness, instead of going from bad to worse, as they always have done hitherto in the history of mankind. Memory is the principle of moral degeneration. Remembered sin is the most utterly diabolical influence in the universe. It invariably either debauches or martyrizes men and women, accordingly as it renders them desperate and hardened, or makes them a prey to undying grief and self-contempt. When I consider that more sin is the only anodyne for sin, and that the only way to cure the ache of conscience is to harden it, I marvel that even so many as do essay the bitter and hopeless way of repentance and reform. In the main, the pangs of conscience, so much vaunted by some, do most certainly drive ten deeper into sin where they bring one back to virtue."

"But," remarked Henry, "suppose there were no memory, and men did forget their acts, they would remain just as responsible for them as now."

"Precisely; that is, not at all," replied the doctor.

"You don't mean to say there is no such thing as responsibility, no such thing as justice. Oh, I see, you deny free will. You are a necessitarian."

The doctor waved his hand rather contemptuously.

"I know nothing about your theological distinctions; I am a doctor. I say that there is no such thing as moral responsibility for past acts, no such thing as real justice in punishing them, for the reason that human beings are not stationary existences, but changing, growing, incessantly progressive organisms, which in no two moments are the same. Therefore justice, whose only possible mode of proceeding is to punish in present time for what is done in past time, must always punish a person more or less similar to, but never identical with, the one who committed the offence, and therein must be no justice.

"Why, sir, it is no theory of mine, but the testimony of universal consciousness, if you interrogate it aright, that the difference between the past and present selves of the same individual is so great as to make them different persons for all moral purposes. That single fact we were just speaking of--the fact that no man would care for vengeance on one who had injured him, provided he knew that all memory of the offence had been blotted utterly from his enemy's mind--proves the entire proposition. It shows that it is not the present self of his enemy that the avenger is angry with at all, but the past self. Even in the blindness of his wrath he intuitively recognizes the distinction between the two. He only hates the present man, and seeks vengeance on him in so far as he thinks that he exults in remembering the injury his past self did, or, if he does not exult, that he insults and humiliates him by the bare fact of remembering it. That is the continuing offence which alone keeps alive the avenger's wrath against him. His fault is not that he did the injury, for _he_ did not do it, but that he remembers it.

"It is the first principle of justice, isn't it, that nobody ought to be punished for what he can't help? Can the man of to-day prevent or affect what he did yesterday, let me say, rather, what the man did out of whom he has grown--has grown, I repeat, by a physical process which he could not check save by suicide. As well punish him for Adam's sin, for he might as easily have prevented that, and is every whit as accountable for it. You pity the child born, without his choice, of depraved parents. Pity the man himself, the man of today who, by a process as inevitable as the child's birth, has grown on the rotten stock of yesterday. Think you, that it is not sometimes with a sense of loathing and horror unutterable, that he feels his fresh life thus inexorably knitting itself on, growing on, to that old stem? For, mind you well, the consciousness of the man exists alone in the present day and moment. There alone he lives. That is himself. The former days are his dead, for whose sins, in which he had no part, which perchance by his choice never would have been done, he is held to answer and do penance. And you thought, young man, that there was such a thing as justice !"

"I can see," said Henry, after a pause, "that when half a lifetime has intervened between a crime and its punishment, and the man has reformed, there is a certain lack of identity. I have always thought punishments in such cases very barbarous. I know that I should think it hard to answer for what I may have done as a boy, twenty years ago.

"Yes," said the doctor, "flagrant cases of that sort take the general eye, and people say that they are instances of retribution rather than justice. The unlikeness between the extremes of life, as between the babe and the man, the lad and the dotard, strikes every mind, and all admit that there is not any apparent identity between these widely parted points in the progress of a human organism. How then? How soon does identity begin to decay, and when is it gone--in one year, five years, ten years, twenty years, or how many? Shall we fix fifty years as the period of a moral statute of limitation, after which punishment shall be deemed barbarous? No, no. The gulf between the man of this instant and the man of the last is just as impassable as that between the baby and the man. What is past is eternally past. So far as the essence of justice is concerned, there is no difference between one of the cases of punishment which you called barbarous, and one in which the penalty follows the offence within the hour. There is no way of joining the past with the present, and there is no difference between what is a moment past and what is eternally past."

"Then the assassin as he withdraws the stiletto from his victim's breast is not the same man who plunged it in."

"Obviously not," replied the doctor. "He may be exulting in the deed, or, more likely, he may be in a reaction of regret. He may be worse, he may be better. His being better or worse makes it neither more nor less just to punish him, though it may make it more or less expedient. Justice demands identity; similarity, however close, will not answer. Though a mother could not tell her twin sons apart, it would not make it any more just to punish one for the other's sins."

"Then you don't believe in the punishment of crime?" said Henry.

"Most emphatically I do," replied the doctor; "only I don't believe in calling it justice or ascribing it a moral significance. The punishment of criminals is a matter of public policy and expediency, precisely like measures for the suppression of nuisances or the prevention of epidemics. It is needful to restrain those who by crime have revealed their likelihood to commit further crimes, and to furnish by their punishment a motive to deter others from crime."

"And to deter the criminal himself after his release," added Henry.

"I included him in the word 'others,'" said the doctor. "The man who is punished is other from the man who did the act, and after punishment he is still other."

"Really, doctor," observed Henry, "I don't see that a man who fully believes your theory is in any need of your process for obliterating his sins. He won't think of blaming himself for them any way."

"True," said the doctor, "perfectly true. My process is for those who cannot attain to my philosophy. I break for the weak the chain of memory which holds them to the past; but stronger souls are independent of me. They can unloose the iron links and free themselves. Would that more had the needful wisdom and strength thus serenely to put their past behind them, leaving the dead to bury their dead, and go blithely forward, taking each new day as a life by itself, and reckoning themselves daily new-born, even as verily they are! Physically, mentally, indeed, the present must be for ever the outgrowth of the past, conform to its conditions, bear its burdens; but moral responsibility for the past the present has none, and by the very definition of the words can have none. There is no need to tell people that they ought to regret and grieve over the errors of the past. They can't help doing that. I myself suffer at times pretty sharply from twinges of the rheumatism which I owe to youthful dissipation. It would be absurd enough for me, a quiet old fellow of sixty, to take blame to myself for what the wild student did, but, all the same, I confoundedly wish he hadn't.

"Ah, me!" continued the doctor. "Is there not sorrow and wrong enough in the present world without having moralists teach us that it is our duty to perpetuate all our past sins and shames in the multiplying mirror of memory, as if, forsooth, we were any more the causers of the sins of our past selves than of our fathers' sins. How many a man and woman have poisoned their lives with tears for some one sin far away in the past! Their folly is greater, because sadder, but otherwise just like that of one who should devote his life to a mood of fatuous and imbecile self-complacency over the recollection of a good act he had once done. The consequences of the good and the bad deeds our fathers and we have done fall on our heads in showers, now refreshing, now scorching, of rewards and of penalties alike undeserved by our present selves. But, while we bear them with such equanimity as we may, let us remember that as it is only fools who flatter themselves on their past virtues, so it is only a sadder sort of fools who plague themselves for their past faults."

Henry's quick ear caught a rustle in the retiring-room. He stepped to the door and looked in. Madeline was sitting up.


CHAPTER XII.


Her attitude was peculiar. Her feet were on the floor, her left hand rested on the sofa by her side, her right was raised to one temple and checked in the very act of pushing back a heavy braid of hair which had been disarranged in sleep. Her eyebrows were slightly contracted, and she was staring at the carpet. So concentrated did her faculties appear to be in the effort of reflection that she did not notice Henry's entrance until, standing by her aide, he asked, in a voice which he vainly tried to steady--

"How do you feel ?"

She did not look up at him at all, but replied, in the dreamy, drawling tone of one in a brown study--

"I--feel--well. I'm--ever--so--rested."

"Did you just wake up?" he said, after a moment. He did not know what to say.

She now glanced up at him, but with an expression of only partial attention, as if still retaining a hold on the clue of her thoughts.

"I've been awake some time trying to think it out," she said.

"Think out what?" he asked, with a feeble affectation of ignorance. He was entirely at loss what course to take with her.

"Why, what it was that
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