1906-7. TRANSACTIONS. 77 



not scrupulously careful of the means which he uses to accomplish 

 his purpose. I have sometimes thought that the judges might 

 help more than they do, in the formation of healthier "and higher 

 ideals of forensic conduct; but I am afraid that the defects to 

 which I have alluded are too inseparably^a part of the competitive 

 system to hope that the lawyers shall take the lead in the exit 

 from what is sometimes called Machiavellism (a). 



Crime and Modern Society. — The partial picture which I 

 have thus attempted of present-day affairs must be still further 

 darkened. For statistics leave us no room for doubt that the 

 quantity of crime is ever on the increase; and that, measured 

 merely by the number of offences against the law, the day of 

 Machiavelli was very much better than our own. Let me give 

 you some figures taken from a recent and excellent work by Dr 

 A. G. Hall, of Columbia University (Crime in its Relations to 

 Social Progress.) 



"In Germany convictions rose from 329,968 in 1882, to 

 463,584 in 1897. In Austria the increase was from an average of 

 1331.7 per 100,000 of the population in 1871-5, to 2277.2 in 1891-4. 

 In Italy from 514.58 per 100,000 in 1881-5 to 740.37 in 1891-5. 

 In England and Wales the number of persons held for trial has 

 nearly doubled within forty years; rising from 389,502 in 1857, to 

 720,441 in 1896. " 



The Paradox. — Do I then say that morality has relapsed 

 during the last 400 years? No, far from it. Upon the contrary, 

 progress, although slow, has been well marked. But how so? The 

 Clergy and lawyers and society are as bad now as then, and crime has 

 very much increased, and yet you allege improvement? 



My friends, at first sight the statement is paradoxical, but 

 it is nevertheless true, that one of the best tests of a rising morality 

 — a rising civilization and culture — is an increase in the quantity 

 of crime. 



See what I mean: — Suppose that for the first time a liquor- 

 license, or a prohibition Act is adopted, what is the immediate 

 effect? Undoubtedly an increase in crime? Many acts which 

 were unbranded before, are now declared to be criminal — the list 

 of crimes has been lengthened, and the number of offenders con- 

 sequently increased. 



Until the reign of Victoria embezzlements of many sorts — 

 by agents, trustees, &c., were disregarded by the criminal law. 



(c) See Lecky's Map of Life, p. 109. 



