"Interviews are allowed in the visiting room on the appointed days," he said, without looking at Nekhludoff.
"But I have a petition to the Emperor, which I want signed."
"You can give it to me."
"I must see the prisoner myself. I was always allowed to before."
"That was so, before," said the inspector, with a furtive glance at Nekhludoff.
"I have a permission from the governor," insisted Nekhludoff, and took out his pocket-book.
"Allow me," said the inspector, taking the paper from Nekhludoff with his long, dry, white fingers, on the first of which was a gold ring, still without looking him in the eyes. He read the paper slowly. "Step into the office, please."
This time the office was empty. The inspector sat down by the table and began sorting some papers that lay on it, evidently intending to be present at the interview.
When Nekhludoff asked whether he might see the political prisoner, Doukhova, the inspector answered, shortly, that he could not. "Interviews with political prisoners are not permitted," he said, and again fixed his attention on his papers. With a letter to Doukhova in his pocket, Nekhludoff felt as if he had committed some offence, and his plans had been discovered and frustrated.
When Maslova entered the room the inspector raised his head, and, without looking at either her or Nekhludoff, remarked: "You may talk," and went on sorting his papers. Maslova had again the white jacket, petticoat and kerchief on. When she came up to Nekhludoff and saw his cold, hard look, she blushed scarlet, and crumbling the hem of her jacket with her hand, she cast down her eyes. Her confusion, so it seemed to Nekhludoff, confirmed the hospital doorkeeper's words.
Nekhludoff had meant to treat her in the same way as before, but could not bring himself to shake hands with her, so disgusting was she to him now.
"I have brought you bad news," he said, in a monotonous voice, without looking at her or taking her hand. "The Senate has refused."
"I knew it would," she said, in a strange tone, as if she were gasping for breath.
Formerly Nekhludoff would have asked why she said she knew it would; now he only looked at her. Her eyes were full of tears. But this did not soften him; it roused his irritation against her even more.
The inspector rose and began pacing up and down the room.
In spite of the disgust Nekhludoff was feeling at the moment, he considered it right to express his regret at the Senate's decision.
"You must not despair," he said. "The petition to the Emperor may meet with success, and I hope---"
"I'm not thinking of that," she said, looking piteously at him with her wet, squinting eyes.
"What is it, then?"
"You have been to the hospital, and they have most likely told you about me--"
"What of that? That is your affair," said Nekhludoff coldly, and frowned. The cruel feeling of wounded pride that had quieted down rose with renewed force when she mentioned the hospital.
"He, a man of the world, whom any girl of the best families would think it happiness to marry, offered himself as a husband to this woman, and she could not even wait, but began intriguing with the medical assistant," thought he, with a look of hatred.
"Here, sign this petition," he said, taking a large envelope from his pocket, and laying the paper on the table. She wiped the tears with a corner of her kerchief, and asked what to write and where.
He showed her, and she sat down and arranged the cuff of her right sleeve with her left hand; he stood behind her, and silently looked at her back, which shook with suppressed emotion, and evil and good feelings were fighting in his breast--feelings of wounded pride and of pity for her who was suffering--and the last feeling was victorious.
He could not remember which came first; did the pity for her first enter his heart, or did he first remember his own sins--his own repulsive actions, the very same for which he was condemning her? Anyhow, he both felt himself guilty and pitied her.
Having signed the petition and wiped her inky finger on her petticoat, she got up and looked at him.
"Whatever happens, whatever comes of it, my resolve remains unchanged," said Nekhludoff. The thought that he had forgiven her heightened his feeling of pity and tenderness for her, and he wished to comfort her. "I will do what I have said; wherever they take you I shall be with you."
"What's the use?" she interrupted hurriedly, though her whole face lighted up.
"Think what you will want on the way--"
"I don't know of anything in particular, thank you."
The inspector came up, and without waiting for a remark from him Nekhludoff took leave, and went out with peace, joy, and love towards everybody in his heart such as he had never felt before. The certainty that no action of Maslova could change his love for her filled him with joy and raised him to a level which he had never before attained. Let her intrigue with the medical assistant; that was her business. He loved her not for his own but for her sake and for God's.
And this intrigue, for which Maslova was turned out of the hospital, and of which Nekhludoff believed she was really guilty, consisted of the following:
Maslova was sent by the head nurse to get some herb tea from the dispensary at the end of the corridor, and there, all alone, she found the medical assistant, a tall man, with a blotchy face, who had for a long time been bothering her. In trying to get away from him Maslova gave him such a push that he knocked his head against a shelf, from which two bottles fell and broke. The head doctor, who was passing at that moment, heard the sound of breaking glass, and saw Maslova run out, quite red, and shouted to her:
"Ah, my good woman, if you start intriguing here, I'll send you about your business. What is the meaning of it?" he went on, addressing the medical assistant, and looking at him over his spectacles.
The assistant smiled, and began to justify himself. The doctor gave no heed to him, but, lifting his head so that he now looked through his spectacles, he entered the ward. He told the inspector the same day to send another more sedate assistant-nurse in Maslova's place. And this was her "intrigue" with the medical assistant.
Being turned out for a love intrigue was particularly painful to Maslova, because the relations with men, which had long been repulsive to her, had become specially disgusting after meeting Nekhludoff. The thought that, judging her by her past and present position, every man, the blotchy assistant among them, considered he had a right to offend her, and was surprised at her refusal, hurt her deeply, and made her pity herself and brought tears to her eyes.
When she went out to Nekhludoff this time she wished to clear herself of the false charge which she knew he would certainly have heard about. But when she began to justify herself she felt he did not believe her, and that her excuses would only strengthen his suspicions; tears choked her, and she was silent.
Maslova still thought and continued to persuade herself that she had never forgiven him, and hated him, as she told him at their second interview, but in reality she loved him again, and loved him so that she did all he wished her to do; left off drinking, smoking, coquetting, and entered the hospital because she knew he wished it. And if every time he reminded her of it, she refused so decidedly to accept his sacrifice and marry him, it was because she liked repeating the proud words she had once uttered, and because she knew that a marriage with her would be a misfortune for him.
She had resolutely made up her mind that she would not accept his sacrifice, and yet the thought that he despised her and believed that she still was what she had been, and did not notice the change that had taken place in her, was very painful. That he could still think she had done wrong while in the hospital tormented her more than the news that her sentence was confirmed.
CHAPTER XXX.
THE ASTONISHING INSTITUTION CALLED CRIMINAL LAW.
Maslova might be sent off with the first gang of prisoners, therefore Nekhludoff got ready for his departure. But there was so much to be done that he felt that he could not finish it, however much ti
me he might have. It was quite different now from what it had been. Formerly he used to be obliged to look for an occupation, the interest of which always centred in one person, i.e., Dmitri Ivanovitch Nekhludoff, and yet, though every interest of his life was thus centred, all these occupations were very wearisome. Now all his occupations related to other people and not to Dmitri Ivanovitch, and they were all interesting and attractive, and there was no end to them. Nor was this all. Formerly Dmitri Ivanovitch Nekhludoff's occupations always made him feel vexed and irritable; now they produced a joyful state of mind. The business at present occupying Nekhludoff could be divided under three headings. He himself, with his usual pedantry, divided it in that way, and accordingly kept the papers referring to it in three different portfolios. The first referred to Maslova, and was chiefly that of taking steps to get her petition to the Emperor attended to, and preparing for her probable journey to Siberia.
The second was about his estates. In Panovo he had given the land to the peasants on condition of their paying rent to be put to their own communal use. But he had to confirm this transaction by a legal deed, and to make his will, in accordance with it. In Kousminski the state of things was still as he had first arranged it, i.e., he was to receive the rent; but the terms had to be fixed, and also how much of the money he would use to live on, and how much he would leave for the peasants' use. As he did not know what his journey to Siberia would cost him, he could not decide to lose this revenue altogether, though he reduced the income from it by half.
The third part of his business was to help the convicts, who applied more and more often to him. At first when he came in contact with the prisoners, and they appealed to him for help, he at once began interceding for them, hoping to lighten their fate, but he soon had so many applications that he felt the impossibility of attending to all of them, and that naturally led him to take up another piece of work, which at last roused his interest even more than the three first. This new part of his business was finding an answer to the following questions: What was this astonishing institution called criminal law, of which the results were that in the prison, with some of the inmates of which he had lately become acquainted, and in all those other places of confinement, from the Peter and Paul Fortress in Petersburg to the island of Sakhalin, hundreds and thousands of victims were pining? What did this strange criminal law exist for? How had it originated?
From his personal relations with the prisoners, from notes by some of those in confinement, and by questioning the advocate and the prison priest, Nekhludoff came to the conclusion that the convicts, the so-called criminals, could be divided into five classes. The first were quite innocent people, condemned by judicial blunder. Such were the Menshoffs, supposed to be incendiaries, Maslova, and others. There were not many of these; according to the priest's words, only seven per cent., but their condition excited particular interest.
To the second class belong persons condemned for actions done under peculiar circumstances, i.e., in a fit of passion, jealousy, or drunkenness, circumstances under which those who judged them would surely have committed the same actions.
The third class consisted of people punished for having committed actions which, according to their understanding, were quite natural, and even good, but which those other people, the men who made the laws, considered to be crimes. Such were the persons who sold spirits without a license, smugglers, those who gathered grass and wood on large estates and in the forests belonging to the Crown; the thieving miners; and those unbelieving people who robbed churches.
To the fourth class belonged those who were imprisoned only because they stood morally higher than the average level of society. Such were the Sectarians, the Poles, the Circassians rebelling in order to regain their independence, the political prisoners, the Socialists, the strikers condemned for withstanding the authorities. There was, according to Nekhludoff's observations, a very large percentage belonging to this class; among them some of the best of men.
The fifth class consisted of persons who had been far more sinned against by society than they had sinned against it. These were castaways, stupefied by continual oppression and temptation, such as the boy who had stolen the rugs, and hundreds of others whom Nekhludoff had seen in the prison and out of it. The conditions under which they lived seemed to lead on systematically to those actions which are termed crimes. A great many thieves and murderers with whom he had lately come in contact, according to Nekhludoff's estimate, belonged to this class. To this class Nekhludoff also reckoned those depraved, demoralised creatures whom the new school of criminology classify as the criminal type, and the existence of which is considered to be the chief proof of the necessity of criminal law and punishment. This demoralised, depraved, abnormal type was, according to Nekhludoff, exactly the same as that against whom society had sinned, only here society had sinned not directly against them, but against their parents and forefathers.
Among this latter class Nekhludoff was specially struck by one Okhotin, an inveterate thief, the illegitimate son of a prostitute, brought up in a doss-house, who, up to the age of 30, had apparently never met with any one whose morality was above that of a policeman, and who had got into a band of thieves when quite young. He was gifted with an extraordinary sense of humour, by means of which he made himself very attractive. He asked Nekhludoff for protection, at the same time making fun of himself, the lawyers, the prison, and laws human and divine.
Another was the handsome Fedoroff, who, with a band of robbers, of whom he was the chief, had robbed and murdered an old man, an official. Fedoroff was a peasant, whose father had been unlawfully deprived of his house, and who, later on, when serving as a soldier, had suffered much because he had fallen in love with an officer's mistress. He had a fascinating, passionate nature, that longed for enjoyment at any cost. He had never met anybody who restrained himself for any cause whatever, and had never heard a word about any aim in life other than enjoyment.
Nekhludoff distinctly saw that both these men were richly endowed by nature, but had been neglected and crippled like uncared-for plants.
He had also met a tramp and a woman who had repelled him by their dulness and seeming cruelty, but even in them he could find no trace of the criminal type written about by the Italian school, but only saw in them people who were repulsive to him personally, just in the same way as some he had met outside the prison, in swallow-tail coats wearing epaulettes, or bedecked with lace. And so the investigation of the reasons why all these very different persons were put in prison, while others just like them were going about free and even judging them, formed a fourth task for Nekhludoff.
He hoped to find an answer to this question in books, and bought all that referred to it. He got the works of Lombroso, Garofalo, Ferry, List, Maudsley, Tard, and read them carefully. But as he read he became more and more disappointed. It happened to him as it always happens to those who turn to science not in order to play a part in it, nor to write, nor to dispute, nor to teach, but simply for an answer to an every-day question of life. Science answered thousands of different very subtle and ingenious questions touching criminal law, but not the one he was trying to solve. He asked a very simple question: "Why, and with what right, do some people lock up, torment, exile, flog, and kill others, while they are themselves just like those whom they torment, flog, and kill?" And in answer he got deliberations as to whether human beings had free will or not. Whether signs of criminality could be detected by measuring the skulls or not. What part heredity played in crime. Whether immorality could be inherited. What madness is, what degeneration is, and what temperament is. How climate, food, ignorance, imitativeness, hypnotism, or passion act. What society is. What are its duties, etc., etc.
These disquisitions reminded him of the answer he once got from a little boy whom he met coming home from school. Nekhludoff asked him if he had learned his spelling.
"I have," answered the boy.
"Well, then, tell me, how do you spell 'leg'?"
"A
dog's leg, or what kind of leg?" the boy answered, with a sly look.
Answers in the form of new questions, like the boy's, was all Nekhludoff got in reply to his one primary question. He found much that was clever, learned much that was interesting, but what he did not find was an answer to the principal question: By what right some people punish others?
Not only did he not find any answer, but all the arguments were brought forward in order to explain and vindicate punishment, the necessity of which was taken as an axiom.
Nekhludoff read much, but only in snatches, and putting down his failure to this superficial way of reading, hoped to find the answer later on. He would not allow himself to believe in the truth of the answer which began, more and more often, to present itself to him.
CHAPTER XXXI.
NEKHLUDOFF'S SISTER AND HER HUSBAND.
The gang of prisoners, with Maslova among them, was to start on the 5th July. Nekhludoff arranged to start on the same day.
The day before, Nekhludoff's sister and her husband came to town to see him.
Nekhludoff's sister, Nathalie Ivanovna Rogozhinsky, was 10 years older than her brother. She had been very fond of him when he was a boy, and later on, just before her marriage, they grew very close to each other, as if they were equals, she being a young woman of 25, he a lad of 15. At that time she was in love with his friend, Nikolenka Irtenieff, since dead. They both loved Nikolenka, and loved in him and in themselves that which is good, and which unites all men. Since then they had both been depraved, he by military service and a vicious life, she by marriage with a man whom she loved with a sensual love, who did not care for the things that had once been so dear and holy to her and to her brother, nor even understand the meaning of those aspirations towards moral perfection and the service of mankind, which once constituted her life, and put them down to ambition and the wish to show off; that being the only explanation comprehensible to him.
Nathalie's husband had been a man without a name and without means, but cleverly steering towards Liberalism or Conservatism, according to which best suited his purpose, he managed to make a comparatively brilliant judicial career. Some peculiarity which made him attractive to women assisted him when he was no longer in his first youth. While travelling abroad he made Nekhludoff's acquaintance, and managed to make Nathalie, who was also no longer a girl, fall in love with him, rather against her mother's wishes who considered a marriage with him to be a misalliance for her daughter. Nekhludoff, though he tried to hide it from himself, though he fought against it, hated his brother-in-law.