Page:Chesterton - Eugenics and Other Evils (Cassell, 1922).djvu/47

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The Lunatic and the Law
35

this sort is in small or great affairs the matter with the madman. He cannot have a vote, because he is the citizen of another country. He is a foreigner. Nay, he is an invader and an enemy; for the city he lives in has been super-imposed on ours.

Now these two things are primarily to be noted in his case. First, that we can only condemn him to a general doom, because we only know his general nature. All criminals, who do particular things for particular reasons (things and reasons which, however criminal, are always comprehensible), have been more and more tried for such separate actions under separate and suitable laws ever since Europe began to become a civilisation—and until the rare and recent re-incursions of barbarism in such things as the Indeterminate Sentence. Of that I shall speak later; it is enough for this argument to point out the plain facts. It is the plain fact that every savage, every sultan, every outlawed baron, every brigand-chief has always used this instrument of the Indeterminate Sentence, which has been recently offered us as something highly scientific and humane. All these people, in short, being barbarians, have always kept their captives captive until they (the barbarians) chose to think the captives were in a fit frame of mind to come out. It is also the plain fact that all that has been called civilisation or progress, justice or liberty, for nearly three thousand years, has had the general direction of treating even the captive as a free man, in so far as some clear case of some defined crime had