Fraternity, following lines whose general sense has been sufficiently indicated, has, in particular, established out of the common fund public education as a means of diffusing intellectual gain, which is the great element of growth even in efficient toil, and also of extending into all parts of the body politic a comprehension of the governmental scheme and the organized life of the community, fusing its separate interests in a mutual understanding and regard. It has established, too, protection in the law, for the weak as against the strong, the poor as against the rich, the citizen as against those who would trustee the State for their own benefit; and, on the broad scale, it provides for the preservation of the public health, relief of the unfortunate, the care of all children, and in a thousand humane ways permeates the law with its salutary justice. It has, again, in another great field, established toleration, not in religion merely, but of opinion and practice in general; and thereby largely has built up a mutual and pervading faith in the community as a body in all its parts and interests intending democratic results under human conditions; it has thus bred a habit of reserve at moments of hardship or grave difficulty,--a respect that awaits social justice giving time for it to be brought about,--which as a constituent of national character cannot be too highly prized.
The object of all government, and of every social system is, in its end and summary, to secure justice among mankind. Justice is the most sacred word of men; but it is a thing hard to find. Law, which is its social instrument, deals with external act, general conditions, and mankind in the mass. It is not, like conscience, a searcher of men's bosoms; its knowledge extends no farther than to what shall illuminate the nature of the event it examines; it makes no true ethical award. It is in the main a method of procedure, largely inherited and wholly practical in intent, applied to recurring states of fact; it is a reasonable arrangement for the peaceful facilitation of human business of all social kinds; and to a considerable degree it is a convention, an agreement upon what shall be done in certain sets of circumstances, as an approximation, it may be, to justice, but, at all events, as an advantageous solution of difficulties. This is as true of its criminal as of its civil branches. Its concern is with society rather than the individual, and it sacrifices the individual to society without compunction, applying one rule to all alike, with a view to social, not individual, results, on the broad scale. Those matters which make individual justice impossible,--especially the element of personal responsibility in wrong-doing, how the man came to be what he is and his susceptibility to motives, to reason and to passion, in their varieties, and all such considerations,--law ignores in the main question, however it may admit them in the imperfect form in which only they can be known, as circumstances in extenuation or aggravation. This large part of responsibility, it will seem to every reflective moralist, enters little into the law's survey; and its penalties, at best, are "the rack of this rude world." Death and imprisonment, as it inflicts them, are for the protection of society, not for reformation, though the philanthropic element in the State may use the period of imprisonment with a view to reformation; nor in the history of the punishment of crime, of the vengeance as such taken on men in addition to the social protection sought, has society on the whole been less brutal in its repulse of its enemies than they were in their attack, or shown any eminent justice toward its victims in the sphere of their own lives. It is a terrible and debasing record, up to this century at least, and uniformly corrupted those who were its own instruments. It was the application of force in its most material forms, and dehumanized those upon whom it was exercised, placing them outside the pale of manhood as a preliminary to its work. The lesson that the criminal remains a man, was one taught to the law, not learned from it. On the civil side, likewise, similar reservations must be made, both as regards its formulation and operation. The law as an instrument of justice is a rough way of dealing with the problems of the individual in society, but it is effective for social ends; and, in its total body and practical results, it is a priceless monument of human righteousness, sagacity, and mercy, and though it lags behind opinion, as it must, and postpones to a new age the moral and prudential convictions of the present, it is in its treasury that these at last are stored.