Detail from a portrait by Carroll Beckwith
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Mark Twain (from Fables of Man)
The Ten Commandments were made for man alone. We should think it strange if they had been made for all the animals.
We should say "Thou shalt not kill" is too general, too sweeping. It includes the field mouse and the butterfly. They can't kill. And it includes the tiger, which can't help it.
It is a case of Temperament and Circumstance again. You can arrange no circumstances that can move the field mouse and the butterfly to kill; their temperaments will ill keep them unaffected by temptations to kill, they can avoid that crime without an effort. But it isn't so with the tiger. Throw a lamb in his way when he is hungry, and his temperament will compel him to kill it.
Butterflies and field mice are common among men; they can't kill, their temperaments make it impossible. There are tigers among men, also. Their temperaments move them to violence, and when Circumstance furnishes the opportunity and the powerful motive, they kill. They can't help it.
No penal law can deal out justice; it must deal out injustice in every instance. Penal laws have a high value, in that they protect – in a considerable measure – the multitude of the gentle-natured from the violent minority.
For a penal law is a Circumstance. It is a warning which intrudes and stays a would-be murderer's hand – sometimes. Not always, but in many and many a case. It can't stop the real man-tiger; nothing can do that. Slade had 26 deliberate murders on his soul when he finally went to his death on the scaffold. He would kill a man for a trifle; or for nothing. He loved to kill. It was his temperament. He did not make his temperament, God gave it him at his birth. Gave it him and said Thou shalt not kill. It was like saying Thou shalt not eat. Both appetites were given him at birth. He could be obedient and starve both up to a certain point, but that was as far as he could go. Another man could go further; but not Slade.
Holmes, the Chicago monster, inveigled some dozens of men and women into his obscure quarters and privately butchered them. Holmes's inborn nature was such that whenever he had what seemed a reasonably safe opportunity to kill a stranger he couldn't successfully resist the temptation to do it.
Justice was finally meted out to Slade and to Holmes. That is what the newspapers said. It is a common phrase, and a very old one. But it probably isn't true. When a man is hanged for slaying one man that phrase comes into service and we learn that justice was meted out to the slayer. But Holmes slew sixty. There seems to be a discrepancy in this distribution of justice. If Holmes got justice, the other man got 59 times more than justice.
But the phrase is wrong, anyway. The word is the wrong word. Criminal courts do not dispense "justice" – they can't; they only dispense protections to the community. It is all they can do.