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The spirit-rapper; an autobiography

Orestes Augustus Brownson

“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. “‘The night in which I did the deed,’ says the unhappy father, ‘I was so agitated, that I trembled in my whole body.... I am unable to conceive how I could commit a crime so atrocious. I was so agitated, so troubled in my brain, and felt something within me so irresistible, that I was _obliged_ to commit the deed. I was fasting. I was not sick; and I am wholly unable to explain how it was possible for me to do it. Twice before I had had the horrible inclination to kill my child. The first time was last winter, about six weeks before Easter. I was at work making a sledge, and my boy, as usual, was playing near me. In his playfulness, he climbed upon my back, and clasped me round the neck. My wife, thinking he would hinder me from working, called him away; but I loved him so much, that I patiently endured all his frolicsome tricks. I took him upon my knees to play with him, and in that very moment I thought I heard a voice within me, saying, ‘You cannot help it. Your child must die, and you must kill him.’ I was startled, seized with fear, my heart palpitated, and I instantly set him down, rushed out of the room, and went to the mill, where I stayed till nightfall, till my evil thought passed away. “‘The second time was one morning a few days before Easter. My wife was busy with the affairs of the house, and I was lying on the bed, with my child near me. He asked me for some bread, and I gave him a cake, which he eat with great pleasure. At that moment, as I was watching him with tender affection, I thought I heard again a voice within me, saying, in a low tone, ‘You must kill him.’ I shuddered at myself, experienced violent palpitations, and felt a heavy oppression within my breast. I instantly jumped from the bed, and ran out of the house. I began saying my prayers, went to the stable, and busied myself with various labors, and did all in my power to drive away the evil thoughts that beset me. I finally succeeded, but not till midday, in regaining the mastery of myself, and in recovering my tranquillity. In neither of these cases was I drunk, or had been for many weeks previous; nor was I at the third access, when I took the life of my child.’[6] ----- Footnote 6: _Pneumatalogie des Esprits_, p. 186 _et seq._ ----- “Now here was a man who was not sick, who was not in liquor, who was not delirious, who was evidently a mild and loving father, and who yet, in consequence of an impression, killed his child, whom evidently he loved with all a father’s fondness. This man the courts condemn as a horrid murderer.” “And why not?” said Jack. “It is evident his free will remained. Twice he resisted the temptation, and regained the mastery of himself; and nothing proves that he might not have done so the third time, if he had done his best.” “It is possible,” replied Mr. Merton, “and therefore I do not say the man was absolutely innocent. But we see he did struggle against the evil thought, and twice successfully; and he yielded even at last only from an impression, all but irresistible at the moment, and therefore he cannot be said to have had the full possession of his freedom. In proportion as his power of external resistance was diminished by the impression, or the mysterious influence that acted on him, was diminished his responsibility. He who yields only to a powerful temptation, is less guilty than he who does the same deed under only a slight or feeble temptation. The courts should take cognizance of the strength of the impression under which the man acts, and take into the account the more or less resistance that was possible. If the man succumbs only after a long and severe struggle, that should go to mitigate his guilt. “Dr. Cazeauvielh relates the case of a woman who attempted to kill her infant sleeping in the cradle. ‘I am,’ said she to the doctor, ‘the most miserable of beings. Never was anybody like me. The other day I approached the cradle, and I looked upon my darling. Fearing I should do him harm, I went away to the house of my neighbor. Then, in spite of myself, I returned, for _something_ seemed to push me. I went near my infant, and attempted to choke it with my hands, but my legs failed me, and I became senseless.’ This woman, Dr. Cazeauvielh tells us, loved her relations and her child, and her intellectual faculties were not injured. It is true he regards her as insane; but how can there be insanity, with the full possession of the intellectual faculties? She struggled against the _something_ that pushed her, and had a horror of the crime; the law ought, therefore, to treat her with indulgence, yet it does not, because there really is here no delirium. In the middle ages, which you regard as so barbarous and cruel, she would not have been held responsible, because her act would have been explained as the result of a foreign power, which for the time being overcame her resistance, and pushed her to do that for which she had a natural horror. “Yet a difference should no doubt be made between cases like these, where the unhappy person commits a deed for which he has a natural horror, and against which he struggles, and those in which the criminal, so to speak, has a natural relish for his crime, delights, and persists in it. Take the case of Gilles Garnier, which occupied the attention of all France in the reign of Louis the Thirteenth. ‘This man-wolf,’ (_loup-garou_,) says Bodin, ‘carried away a girl from ten to twelve years of age, killed her with his hands and teeth, and eat the flesh from her thighs and arms. Some time afterwards he strangled a boy ten years old, and eat his flesh. Still later he killed another boy, from twelve to thirteen, with the intention of eating him, but was prevented.’ He was arrested, convicted, and burnt alive. There was here no insanity; the horrid deeds were all avowed with the minutest circumstances, the intention was express, and the crime was repeated and persisted in. I cannot regard this monster as innocent, for I cannot discover that he resisted or struggled against the diabolical impulse. “Take the case of Leger, a recent case, related by Dr. Cazeauvielh, from the monster’s own confessions. He lived in a cave, and had an unnatural craving to feed on human flesh. One day he perceived a little girl, ran to her, passed a handkerchief around her body, threw her upon his back, plunged into the woods and hastened to his cave, where he killed and buried her. Arrested three days after, he immediately told his name, where he lived, and said that having received a blow on his head, he had left his country and his family. In his prison he related how he had lived in caverns in the rocks. ‘Wretch,’ said the physician to him,‘you have eaten the heart of this little girl. Confess the truth.’ He then answered in trembling, ‘Yes, I did so, but not all at once.’ After that he sought no longer to conceal his crimes, and with great coolness and indifference related a long series of horrible deeds which he had committed. He revealed them, even to the minutest particulars; he produced the proofs, and pointed out to the court the place of the crime, and the manner in which it had been consummated. The judge had no need to question him, for he himself disclosed all of his own accord. On the trial, his features wore a mild and placid aspect. He seemed quite unconcerned and insensible, except his face assumed an air of gayety and satisfaction during the reading of the indictment. After about half an hour’s deliberation, the court rejected the plea of insanity, and declared him guilty of homicide, with premeditation and lying in wait. He heard his sentence with the same placid indifference, and was executed a few days after. This seems to me to prove that the middle ages were not more severe than we are to-day.” “But Leger,” said Dr. Corning, “was evidently a madman. Georget is right in saying that he was a madman, because none but a madman would say that he had been led to commit murder by a blind and _irresistible_ will.” “That might do to say, if we were certain of the truth of the materialistic doctrines taught at Paris some forty or fifty years ago, but which are now generally rejected. Dr. Cazeauvielh, however, concedes that persons of this description, without being deprived by their madness of free will, are yet carried away, driven onward by an idea, by something indefinable, which is precisely what theologians mean by obsession. The court decided correctly, I think, in rejecting the plea of insanity in the case of the monster Leger, and in condemning him to death, though evidently under Satanic influence when he committed his horrible and disgusting crimes—crimes which recall the Ghouls of the Arabian Nights—because there was no struggle of the human person against the invading spirit. “Satan can by Divine permission enter our bodies, compel, as it were, the human person to stand aside, and use our organs himself, and do whatever he pleases with them; but he cannot annihilate the human person, or take from the soul free will. Always is it in the power of the possessed to resist, morally and effectually, the evil intentions of the devil. The possessed retains his own consciousness, his own intellectual and moral faculties unimpaired, and never confounds himself with the spirit that possesses him. Always, then, does he retain the power of internal protest and struggle. Wherever this power is exercised, and there is clearly a struggle, there is no responsibility attaching to him, whatever the crimes the body, through the possession of the devil, is made to commit. But it may often happen that this power to protest is not exercised, and the possessed yields his moral assent