Saxon ancestors imposed as penalty for murder a fine proportioned to the rank of the victim, while our law knows no distinction of rank, and protects the lowest from the highest, the poorest from the richest, by the uniform penalty of death, is looked upon as evidence of their barbarism and our civilization. And so, that piracy, and robbery, and slave-trading, and blackmailing, were once regarded as legitimate occupations, is conclusive proof of the rude state of development from which we have so far progressed.
But it is a matter of fact that, in spite of our laws, any one who has money enough and wants to kill another may go into any one of our great centers of population and business, and gratify his desire, and then surrender himself to justice, with the chances as a hundred to one that he will suffer no greater penalty than a temporary imprisonment and the loss of a sum proportioned partly to his own wealth and partly to the wealth and standing of the man he kills. His money will be paid, not to the family of the murdered man, who have lost their protector; not to the state, which has lost a citizen; but to lawyers who understand how to secure delays, to find witnesses, and get juries to disagree.
And so, if a man steal enough, he may be sure that his punishment will practically amount but to the loss of a part of the proceeds of his theft; and if he steal enough to get off with a fortune, he will be greeted by his acquaintance as a viking might have been greeted after a successful cruise. Even though he robbed those who trusted him; even though he robbed the widow and the fatherless; he has only to get enough, and he may safely flaunt his wealth in the eyes of day.
Now, the tendency in this direction is an increasing one. It is shown in greatest force where the inequalities in the distribution of wealth are greatest, and it shows itself as they increase. If it be not a return, to barbarism, what is it? The failures of justice to which I have alluded are only illustrative of the increasing debility of our legal machinery in every department. It is becoming common to hear men
