The State has suddenly and quietly gone mad. It is talking nonsense and it can't stop.
Now it is perfectly plain that government ought to have, and must have, the same sort of right to use exceptional methods occasionally that the private householder has to have a picnic or to sit up all night on New Year's Eve. The State, like the householder, is sane if it can treat such exceptions as exceptions. Such desperate remedies may not even be right; but such remedies are endurable as long as they are admittedly desperate. Such cases, of course, are the communism of food in a besieged city; the official disavowal of an arrested spy; the subjection of a patch of civil life to martial law; the cutting of communication in a plague; or that deepest degradation of the commonwealth, the use of national soldiers not against foreign soldiers, but against their own brethren in revolt. Of these exceptions some are right and some wrong; but all are right in so far as they are taken as exceptions. The modern world is insane, not so much because it admits the abnormal as because it cannot recover the normal.
We see this in the vague extension of punishments like imprisonment; often the very reformers who admit that prison is bad for people propose to reform them by a little more of it. We see it in panic legislation like that after the White Slave scare, when the torture of flogging was revived for all sorts of ill-defined and vague and variegated types of men. Our fathers were never so mad, even when they were torturers. They stretched the man out on the rack. They did not stretch the rack out, as we are doing. When men went witch-burning they may have seen witches everywhere --- because their minds were fixed on witchcraft. But they did not see things to burn everywhere, because their minds were unfixed. While tying some very unpopular witch to the stake, with the firm conviction that she was a spiritual tyranny and pestilence, they did not say to each other, "A little burning is what my Aunt Susan wants, to cure her of her back-biting," or "Some of these faggots would do your Cousin James good, and teach him to play with poor girls' affections."
Now the name of all this is Anarchy. It not only does not know what it wants, but it does not even know what it hates. It multiplies excessively in the more American sort of English newspapers. When this new sort of New Englander burns a witch the whole prairie catches fire. These people have not the decision and detachment of the doctrinal ages. They cannot do a monstrous action and still see it is monstrous. Wherever they make a stride they make a rut. They cannot stop their own thoughts, though their thoughts are pouring into the pit.
A final instance, which can be sketched much more briefly, can be found in this general fact: that the definition of almost every crime has become more and more indefinite, and spreads like a flattening and thinning cloud over larger and larger landscapes. Cruelty to children, one would have thought, was a thing about as unmistakable, unusual and appalling as parricide. In its application it has come to cover almost every negligence that can occur in a needy household. The only distinction is, of course, that these negligences are punished in the poor, who generally can't help them, and not in the rich, who generally can. But that is not the point I am arguing just now. The point here is that a crime we all instinctively connect with Herod on the bloody night of Innocents has come precious near being attributable to Mary and Joseph when they lost their child in the Temple. In the light of a fairly recent case (the confessedly kind mother who was lately jailed because her confessedly healthy children had no water to wash in) no one, I think, will call this an illegitimate literary exaggeration. Now this is exactly as if all the horror and heavy punishment, attached in the simplest tribes to parricide, could now be used against my son who had done any act that could colourably be supposed to have worried his father, and so affected his health. Few of us would be safe.
Another case out of hundreds is the loose extension of the idea of libel. Libel cases bear no more trace of the old and just anger against the man who bore false witness against his neighbour than "cruelty" cases do of the old and just horror of the parents that hated their own flesh. A libel case has become one of the sports of the less athletic rich --- a variation on baccarat, a game of chance. A music-hall actress got damages for a song that was called "vulgar," which is as if I could fine or imprison my neighbour for calling my handwriting "rococo." A politician got huge damages because he was said to have spoken to children about Tariff Reform; as if that seductive topic would corrupt their virtue, like an indecent story. Sometimes libel is defined as anything calculated to hurt a man in his business; in which case any new tradesman calling himself a grocer slanders the grocer opposite. All this, I say, is Anarchy; for it is clear that its exponents possess no power of distinction, or sense of proportion, by which they can draw the line between calling a woman a popular singer and calling her a bad lot; or between charging a man with leading infants to Protection and leading them to sin and shame. But the vital point to which to return is this. That it is not necessarily nor even specially, an anarchy in the populace. It is an anarchy in the organ of government. It is the magistrates --- voices of the governing class --- who cannot distinguish between cruelty and carelessness. It is the judges (and their very submissive special juries) who cannot see the difference between opinion and slander.