“Out of the Christian society,” continued Mr. Merton, “where there are
wanting the means which Christians have to defend themselves against his
approaches, and to drive him away, his power is, no doubt, far greater.
Among Mahometans, and among the pagan tribes of Asia, Africa, and
America, inhabiting a land which has, so to speak, never been baptized,
or sprinkled with holy water, his power is still very great; and, if we
may credit the well-attested reports of our missionaries, almost as
great as ever. He recovers his power, too, in Christian nations in
proportion as they recede from the faith and piety of the Gospel, and
fall anew into heathenism.”
“But there are some difficulties, under the point of view of
jurisprudence, in the way of your doctrine of Satanic invasion,”
interposed Jack. “Suppose a man possessed by a devil kills another, or
commits some act which the law regards as a crime, is the man guilty,
and to be punished?”
“You are a lawyer,” replied Mr. Merton, “and nothing is more natural
than that you should ask that question. The difficulties you suggest,
however, are no greater on the supposition of Satanic invasion than on
any other theory. They are the same, whether we contend that the person
is subjected by Satan or by mesmerism, by a primitive or elemental force
of nature, or by what some manigraphs call madness without delirium, or
instinctive insanity. The question turns on the fact whether the man is
involuntarily and completely subjugated, or whether he retains the
exercise of his free will; or, in other words, whether the actions are
really his, or those of the power that oppresses or subjugates him. For
myself, I think our courts are beginning to adopt a very dangerous
doctrine with regard to insanity, and are admitting the plea of insanity
where it ought not to be entertained. In an Eastern city, not long
since, it was gravely contended by counsel, that a man must be held to
be insane and irresponsible, because his crimes were so aggravated.
Under this lies a dangerous principle, which, in its development, will
lead to the conclusion that all great criminals are insane and
irresponsible. But in regard to another class of cases, cases in which
there obviously is no inebriety, ill health, or delirium, and yet in
which the person seems to himself to be irresistibly urged by a foreign
power, against his will, to the commission of horrible acts, I think the
law, or the practice of the courts, is quite too severe. I take a case
cited to my hand by a respectable French writer, that of a father who
killed his young son. The father was an honest, temperate, and
industrious man, of a mild and affectionate disposition, and it is clear
that he loved his son with great tenderness.
Public-domain text, read in full here on John Shaqi.
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