Naturally it is much more easy to abstain from committing injustice than to repair it after it is done. It is often very difficult and very painful to face the consequences of our evil ways, especially when all satisfaction is gone and nothing remains but the hard exigencies of duty. And duty is a thing that it costs very little to shirk when one is already hardened by a habit of injustice. That is why rest.i.tution is so little heard of in the world. It is a fact to be noted that the Catholic Church is the only religious body that dares to enforce strictly the law of reparation. Others vaguely hold it, but rarely teach it, and then only in flagrant cases of fraud. But she allows none of her children to approach the sacraments who has not already repaired, or who does not promise in all sincerity to repair, whatever wrong he may have done to the neighbor. Employers of Catholic help sometimes feel the effects of this uncompromising att.i.tude of the Church; they are astonished, edified and grateful.

We recall with pleasure an incident of an apostate going about warning people against the turpitudes of Rome and especially against the extortions of her priests through the confessional. He explained how the benighted papist was obliged under pain of eternal d.a.m.nation to confess his sins to the priest, and then was charged so much for each fault he had been guilty of. An incredulous listener wanted to know if he, the speaker, while in the toils of Rome had ever been obliged thus to disgorge in the confessional, and was answered with a triumphant affirmation. At which the wag hinted that it would be a good thing not to be too outspoken in announcing the fact as his reputation for honesty would be likely to suffer thereby, for he knew, and all Catholics knew, who were those whose purse the confessor pries open.

CHAPTER XCV.

UNDOING THE EVIL.

WHENEVER a person, through a spirit of Police or grossly culpable negligence, becomes responsible for serious bodily injury sustained by another, he is bound, as far as in him lies, to undo the wrong and repair the injustice committed. The law of personal rights that forbade him to lay violent hands on another, now commands that the evil be removed by him who placed it. True, physical pain and tortures cannot be repaired in kind; physical injury and disability are not always susceptible of adequate reparation. But there is the loss incurred as a result of such disability, and this loss may affect, not one alone, but many.

Death, too, is of course absolutely irreparable. But the killing of the victim in nowise extinguishes the obligation of reparation. The princ.i.p.al object is removed; but there remain the loss of wages, the expenses necessitated by illness and death; there may be a family dependent on the daily toil of the unfortunate and made dest.i.tute by his removal. One must be blind indeed not to see that all these losses are laid at the door of the criminal, a direct result of his crime, foreseen, too, at least confusedly, since there is a moral fault; and these must be made good, as far as the thing is possible, otherwise the sin will not be forgiven.

Slander must be retracted. If you have lied about another and thereby done him an injury, you are bound in conscience to correct your false statement, to correct it in such a manner as to undeceive all whom you may have misled. This retraction must really retract, and not do just the contrary, make the last state of things worse than the first, which is sometimes the case. Prudence and tact should suggest means to do this effectively: when, how and to what extent it should be done, in order that the best results of reparation may be obtained. But in one way or another, justice demands that the slanderer contradict his lying imputations and remove by so doing the stain that besmirches the character of his victim.

Of course, if it was by truth and not falsehood, by detraction and not calumny, that you a.s.sailed and injured the reputation of another, there is no gainsaying the truth; you are not justified in lying in order to make truth less damaging. The harm done here is well nigh irreparable.

But there is such a thing as trying to counteract the influence of evil speech by good words, by mentioning qualities that offset defects, by setting merit against demerit; by attenuating as far as truth will allow the circ.u.mstances of the case, etc. This will place your victim in the least unfavorable light, and will, in some measure, repair the evil of detraction.

Scandal must be repaired, a mightily difficult task; to reclaim a soul lost to evil through fatal inducements to sin is paramount, almost, to raising from the dead. It is hard, desperately hard, to have yourself accepted as an angel of light by those for whom you have long been a demon of iniquity. Good example! Yes, that is about the only argument you have. You are handicapped, but if you wield that argument for good with as much strength and intensity as you did for evil, you will have done all that can be expected of you, and something may come of it.

The wrong of bodily contamination is a deep one. It is a wrong, and therefore unjust, when it is effected through undue influence that either annuls consent, or wrings it from the victim by cajolery, threat, or false promise. It becomes immeasurably aggravated when the victim is abandoned to bear alone the shame and burdensome consequences of such injustice.

Matrimony is the ordinary remedy; the civil law will force it; conscience may make it an obligation, and does make it, unless, in rare cases, there be such absolute incompatibility as to make such a contract an ineffective and ridiculous one, an inefficient remedy, or none at all. When such is the case, a pecuniary compensation is the only alternative. A career has been blasted, a future black with despair stares the victim in the face, if she must face it unaided; a burden forced upon her that must be borne for years, entailing considerable expense. The man responsible for such a state of affairs, if he expects pardon for his crime, must shoulder the responsibility in a manner that will repair at least in part the grave injustice under which his victim labors.

If both share the guilt, then both must share the burden. If one shirks, the other must a.s.sume the whole. The great victim is the child.

That child must get a Christian bringing-up, or some one will suffer for it; its faith must be safeguarded. If this cannot be done at home, then it must be placed where this can be done. If it is advantageous for the parent or parents that their offspring be raised in ignorance of its origin, it is far more advantageous for the child itself. Let it be confided to good hands, but let the money necessary for its support be forthcoming, since this is the only way to make reparation for the evil of its birth.

I would add a word in regard to the injustice, frequent enough, of too long deferring the fulfilment of marriage promises. For one party, especially, this period of waiting is precarious, fraught with danger and dangerous possibilities. Her fidelity makes her sacrifice all other opportunities, and makes her future happiness depend on the fulfilment of the promise given. Charms do not last forever; attractions fade with the years. If affection cools, she is helpless to stir up the embers without unmentionable sacrifice. There is the peril. The man who is responsible for it, is responsible for a good deal. He is committing an injustice; there is danger of his not being willing to repair it, danger that he may not be able to repair it. His line of duty is clear.

Unless for reasons of the gravest importance, he cannot in surety of conscience continue in a line of conduct that is repugnant alike to natural reason and common decency, and that smacks of moral make-up that would not bear the scrutiny of close investigation.

CHAPTER XCVI.

PAYING BACK.

A MAN who has stolen, has nothing more urgent and imperative to perform, on this side of eternity, than the duty of refunding the money or goods unjustly acquired, or the value thereof. He may possibly consider something else more important; but if he does, that man has somehow unlearned the first principles of natural honesty, ignores the fundamental law that governs the universe, and he will have a difficult time convincing the Almighty that this ignorance of his is not wholly culpable. The best and only thing for him to do is to make up his mind to pay up, to disgorge his ill-gotten goods, to make good the losses sustained by his neighbor through his fault.

He may, or may not, have profited to any great extent by his criminal proceedings; but there is no doubt that his victim suffered injustice; and that precisely is the root of his obligation. The stolen goods may have perished in his hands and he have nothing to show; the same must be said of the victim the moment his possessions disappeared; with this difference, however, that justice was not violated in one case, and in the other, it was. The lawful owner may be dead, or unfindable among the living; but wherever he may be, he never intended that the thief should enjoy the fruit of his crime. The latter's t.i.tle, vitiated in its source, cannot be improved by any circ.u.mstance of the owner's whereabouts. No one may thrive on one's own dishonesty.

You say this is hard; and in so saying, you lend testimony to the truth of the axiom that honesty is the best policy. There is no one but will agree with you; but such a statement, true though it be, helps matters very little. It is always hard to do right; blame Adam and Eve for it, and think of something more practicable. But must I impoverish myself?

Not to the extent of depriving yourself of the necessaries of life. But you must deprive yourself to the extent of settling your little account, even if you suffer something thereby. But how shall I be able to refund it all! You may never be able to refund it all; but you may start in immediately and do the best you can; resolve to keep at it; never revoke your purpose to cancel the debt. In case your lease of life expires before full justice is done, the Almighty may take into consideration your motives and opportunities. They do say that h.e.l.l is paved with good intentions; but these intentions are of the sort that are satisfied with never coming to a state of realization.

But I shall lose my position, be disgraced, prosecuted and imprisoned.

This might happen if you were to write out a brief of your crime and send the same, signed and sworn to, to your employer. But this is superfluous. You might omit the details and signature, enclose the sum and trust luck for the rest. Or you might consult your spiritual adviser; he might have had some experience in this line of business.

The essential is not that you be found out, but that you refund.

It may happen that several are concerned in a theft. In this case, each and every partic.i.p.ant, in the measure of his guilt, is bound to make rest.i.tution. Guilt is the object, rest.i.tution is the shadow; the following is fatal. To order or advise the thing done; to influence efficaciously its doing; to a.s.sist in the deed or to profit knowingly thereby, to shield criminally the culprit, etc., this sort of co-operation adds to the guilt of sin the burden of rest.i.tution. Silence or inaction, when plain duty would call for words and deeds to prevent crime, incriminates as well as active partic.i.p.ation, and creates an obligation to repair.

There is more. Conspiracy in committing an injustice adds an especial feature to the burden of rest.i.tution. If the parties to the crime had formed a preconcerted plan and worked together as a whole in its accomplishment, every individual that furnished efficient energy to the success of the undertaking is liable, in conscience, not for a share of the loss, but for the sum total. This is what is called solidarity; solidarity in crime begets solidarity in reparation. It means that the injured party has a just claim for damages, for all damages sustained, against any one of the culprits, each one of whom, in the event of his making good the whole loss, has recourse against the others for their share of the obligation. It may happen, and does, that one or several abscond, and thus shirk their part of the obligation; the burden of rest.i.tution may thus be unevenly distributed. But this is one of the risks that conspirators in sin must take; the injured party must be protected first and in preference to all others.

No Catholic can validly receive the sacrament of penance who refuses to a.s.sume the responsibility of rest.i.tution for injustices committed, and who does not at least promise sincerely to acquit himself at the first favorable opportunity and to the extent of his capacity. This means that only on these conditions can the sin be forgiven by G.o.d. That man is not disposed sufficiently to receive absolution who continually neglects opportunities to keep his promise; who refuses to pay any, because he cannot pay all; who decides to leave the burden of rest.i.tution to his heirs, even with the wherewith to do so. It is better not to go to confession at all than to go with these dispositions; it is better to wait until you can make up your mind.

CHAPTER XCVII.

GETTING RID OF ILL-GOTTEN GOODS.

IT may happen that a person discover among his legitimately acquired possessions something that does not in reality belong to him. He may have come by it through purchase, donation, etc.; he kept it in good faith, thinking that he had a clear t.i.tle to it. He now finds that there was an error somewhere, and that it is the property of some one else. Of course, he is not the lawful owner, and does not become such by virtue of his good faith; although, in certain given circ.u.mstances, if the good faith, or ignorance of error, last long enough, a t.i.tle may be acquired by prescription, and the possessor become the lawful owner.

But we are not considering the question of prescription.

It is evident, then, that our friend must dispossess himself in favor of the real owner, as soon as the latter comes upon the scene and proves his claim. But the possessor may in all innocence have alienated the goods, destroyed or consumed them; or they may have perished through accident or fatality. In the latter case, nothing remains to refund, no one is to blame, and the owner must bear the loss. Even in the former case, if the holder can say in conscience that he in nowise became richer by the possession and use of the goods in question, he is not bound to make rest.i.tution. If, however, there be considerable profits, they rightly belong to the owner, and the possessor must refund the same.

But the question arises as to how the holder is to be compensated for the expenditure made in the beginning and in good faith when he purchased the goods which he is now obliged to hand over to another.

Impartial justice demands that when the rightful owner claims his goods, the holder relinquish them, and he may take what he gets, even if it be nothing. He might claim a compensation if he purchased what he knew to be another's property, acting in the interests of that other and with the intention of returning the same to its owner. Otherwise, his claim is against the one from whom he obtained the article, and not against him to whom he is obliged to turn it over.

He may, if he be shrewd enough, antic.i.p.ate the serving of the owner's claim and secure himself against a possible loss by selling back for a consideration the goods in question to the one from whom he bought them. But this cannot be done after the claim is presented; besides, this proceeding must not render it impossible for the owner to recover his property; and he must be notified as to the whereabouts of said property. This manoeuvre works injustice unto no one. The owner stands in the same relation to his property as formerly; the subsequent holder a.s.sumes an obligation that was always his, to refund the goods or their value, with recourse against the antecedent seller.

The moment a person shirks the responsibility of refunding the possessions, by him legitimately acquired, but belonging rightfully to another, that person becomes a possessor in bad faith and stands towards the rightful owner in the position of a thief. Not in a thousand years will he be able to prescribe a just t.i.tle to the goods.

The burden of rest.i.tution will forever remain on him; if the goods perish, no matter how, he must make good the loss to the owner. He must also disburse the sum total of profits gathered from the illegal use of said goods. If values fluctuate during the interval of criminal possession, he must compute the amount of his debt according to the values that prevailed at the time the lawful owner would have disposed of his goods, had he retained possession.

Finally, there may be a doubt as to whether the object I possess is rightfully mine or not. I must do my best to solve that doubt and dear the t.i.tle to ownership. If I fail, I may consider the object mine and may use it as such. If the owner turn up after the prescribed time, so much the worse for the owner. An uncertainty may exist, not as to my proprietorship, but as to whom the thing does belong. If my possession began in good faith and I am unable to determine the ownership, I may consider myself the owner until further developments shed more light on the matter.

It is different when the object was originally acquired in bad faith.

In such a case, first, the ill-gotten goods can never be mine; then, there is no sanction in reason, conscience or law for the conduct of those who run immediately to the first charitable inst.i.tution and leave there their conscience money; or who have ma.s.ses said for the repose of the souls of those who have been defrauded, before they are dead at all perhaps. My first care must be to locate the victim; or, if he be certainly deceased or evidently beyond reach, the heirs of the victim of my fraud. When all means fail and I am unable to find either the owner or his heirs, then, and not till then, may I dispose of the goods in question. I must a.s.sume in such a contingency as this, that the will of the owner would be to expend the sum on the most worthy cause; and that is charity. The only choice then that remains with me is, what hospital, asylum or other enterprise of charity is to profit by my sins, since I myself cannot be a gainer in the premises.

It might be well to remark here that one is not obliged to make rest.i.tution for more than the damages call for. Earnestness is a good sign, but it should not blind us or drive us to an excess of zeal detrimental to our own lawful interests. When there is a reasonable and insolvable doubt as to the amount of reparation to be made, it is just that such a doubt favor us. If we are not sure if it be a little more or a little less, the value we are to refund, we may benefit by the uncertainty and make the burden we a.s.sume as light as in all reason it can be made. And even if we should happen to err on the side of mercy to ourselves, without our fault, justice is satisfied, being fallible like all things human.

CHAPTER XCVIII.

WHAT EXCUSES FROM RESt.i.tUTION.

THOSE who do not obtain full justice from man in this world will obtain it in the next from G.o.d. If we do not meet our obligations this side of the tribunal of the just Judge, He will see to it that our accounts are equitably balanced when the time for the final reckoning comes. This supposes, naturally, that non-fulfilment of obligations is due on our part to unwillingness--a positive refusal, or its equivalent, wilful neglect, to undo the wrongs committed. For right reason and G.o.d's mercy must recognize the existence of a state of unfeigned and hopeless disability, when it is impossible for the delinquent to furnish the wherewithal to repair the evils of which he has been guilty. When this condition is permanent, and is beyond all remedy, all claims are extinguished against the culprit, and all losses incurred must be ascribed to "an act of G.o.d," as the coroner says. For no mart can be held to what is impossible.

Chief among these moral, as well as legal, bankrupts is the good-for-nothing fellow who is sorry too late, who has nothing, has no hopes of ever having anything, and who therefore can give nothing. You cannot extract blood from a beet, nor shekels from an empty purse. Then a man may lose all his belongings in a catastrophe, and after striving by labor and economy to pay off his debts, may see himself obliged to give up the task through sickness, misfortune or other good causes. He has given all he has, he cannot give more. Even though liabilities were stacked up mountain-high against him, he cannot be held morally responsible, and his creditors must attribute their losses to the misfortune of life--a rather unsubstantial consolation, but as good a one as the poor debtor has.

There are other cases where the obligations of rest.i.tution are not annulled, but only cancelled for the time being, until such a time as circ.u.mstances permit their being met without grave disaster to the debtor. The latter may be in such a position that extreme, or great, want would stare him in the face, if he parted with what he possesses to make rest.i.tution. The difficulty here is out of all proportion with the injustice committed for, after all, one must live, and charity begins at home, our first duty is toward ourselves. The creditors of this man have no just claim against him until he improves his circ.u.mstances; in the meantime, the burden of responsibility is lifted from his shoulders.

The same must be said when the paying off of a debt at any particular time, be it long or short, would cripple a man's finances, wipe out his earnings to such an extent as to make him fall considerably below his present position in life. We might take a case during the late coal famine, of a man who, in order to fill his contracts of coal at six dollars a ton, would be obliged to buy it at fifteen and twenty dollars a ton; and thereby sacrifice his fortune. The thing could not be expected, it is preposterous. His obligee must wait and hope for better times.

A man's family is a part of himself. Therefore the payment of a just debt may be deferred In order to shield from want parents, wife, children, brothers or sisters. Life, limb and reputation are greater possessions than riches; consequently, rather than jeopardize these, one may, for the time, put aside his obligations to make rest.i.tution.

All this supposes, of course, that during the interval of delay the creditor does not suffer inconveniences greater than, or as great as, those the debtor seeks to avoid. The latter's right to defer payment ceases to exist the moment it comes into conflict with an equal right of the former to said payment. It is against reason to expect that, after suffering a first injustice, the victim should suffer a second in order to spare the guilty party a lesser or an equal injury. Preference therefore must be given to the creditor over the debtor when the necessity for sacrifice is equal, and leniency must be refused when it becomes cruelty to the former.

Outside these circ.u.mstances, which are rare indeed, it will be seen at once that the creditor may act an unjust part in pressing claims that accidentally and temporarily become invalid. He has a right to his own, but he is not justified in vindicating that right, if in so doing, he inflicts more damage than equity calls for. The culprit has a right not to suffer more than he deserves, and it is mock justice that does not respect that right. If the creditor does suffer some loss by the delay, this might be a circ.u.mstance to remember at the final settlement but for the present, there is an impediment to the working of justice, placed by the fatal order of things and it is beyond power to remove it.

CHAPTER XCIX.

DEBTS.