Part 27 (1/2)
If law and justice are identical and to comply with the law is invariably to do justice, then what can be the distinction between the progressive and the conservative? On the other hand, the revolutionist has no alternative but to hold that law and justice are not the same, and so he is obliged to subscribe to the benevolent character of all crimes which are altruistic and social in their purposes, whether they are reactionary or anarchistic in tendency.
Now the second axiom, which is to the effect that there is no city or country in the world in which it is possible to obey the law thoroughly, is also self-evident. A certain cla.s.s of common crimes, such as robbery, cheating and swindling, murder and the like, are followed by a species of automatic punishment in all quarters of the civilized world, in spite of exceptions in specific cases, which result from the intervention of political bosses and similar influences; but there are other offenses which meet with no such automatic punishment. In these pardon and penalty are meted out in a spirit of pure opportunism.
I was discussing Zurdo Olivares one day with Emiliano Iglesias in the office of _El Radical_, when I asked him:
”How was it that Zurdo Olivares could save himself after playing such an active role in the tragic week at Barcelona?”
”Zurdo's salvation was indirectly owing to me,” replied Iglesias.
”But, my dear sir!”
”Yes, indeed.”
”How did that happen?”
”Very naturally. There were three cases to be tried; one was against Ferrer, one against Zurdo, and another against me. A friend who enjoyed the necessary influence, succeeded in quas.h.i.+ng the case against me, as a matter of personal favour, and as it seemed rather barefaced to make an exception alone in my favour, it was decided to include Zurdo Olivares, who, thanks to the arrangement, escaped being shot.”
”Then, if an influential friend of yours had not been a member of the Ministry, you would both have been shot in the moat at Montjuich?”
”Beyond question.”
And this took place in the heyday of Conservative power.
THE STERNNESS OF THE LAW
There are men who believe that the State, as at present const.i.tuted, is the end and culmination of all human effort. According to this view, the State is the best possible state, and its organization is considered so perfect that its laws, discipline and formulae are held to be sacred and immutable in men's eyes. Maura and all conservatives must be reckoned in this group, and Lerroux too, appears to belong with them, as he holds discipline in such exalted respect.
On the other hand, there are persons who believe that the entire legal structure is only a temporary scaffolding, and that what is called justice today may be thought savagery tomorrow, so that it is the part of wisdom not to look so much to the rule of the present as to the illumination of the future.
Since it is impossible to effect in practice automatic enforcement of the law, especially in the sphere of political crimes, because of the unlimited power of pardon vested in the hands of our public men, it would seem judicious to err upon the side of mercy rather than upon that of severity. Better fail the law and pardon a repulsive, b.l.o.o.d.y beast such as Chato de Cuqueta, than shoot an addle-headed unfortunate such as Clemente Garcia, or a dreamer like Sanchez Moya, whose hands were innocent of blood.
It was pointed out a long time ago that laws are like cobwebs; they catch the little flies, and let the big ones pa.s.s through.
How very severe, how very determined our politicians are with the little flies, but how extremely affable they are with the big ones!
XVII
MILITARY GLORY
No, I have not made up my mind upon the issues of this war. If it were possible to determine what is best for Europe, I should of course desire it, but this I do not know, and so I am uncertain. I am preoccupied by the consequences which may follow the war in Spain. Some believe that there will be an increase of militarism, but I doubt it.