The Scopes Trial
by H.L. Mencken
(The Baltimore Evening Sun, July 27, 1925)
It was plain to everyone, when Bryan came to Dayton, that his great days were behind him -- that he was now definitely an old man, and headed at last for silence. There was a vague, unpleasant manginess about his appearance; he somehow seemed dirty, though a close glance showed him carefully shaved, and clad in immaculate linen. All the hair was gone from the dome of his head, and it had begun to fall out, too, behind his ears, like that of the late Samuel Gompers. The old resonance had departed from his voice: what was once a bugle blast had become reedy and quavering. Who knows that, like Demosthenes, he had a lisp? In his prime, under the magic of his eloquence, no one noticed it. But when he spoke at Dayton it was always audible.
When I first encountered him, on the sidewalk in front of the Hicks brothers law office, the trial was yet to begin, and so he was still expansive and amiable. I had printed in the Nation, a week or so before, an article arguing that the anti-evolution law, whatever its unwisdom, was at least constitutional -- that policing school teachers was certainly not putting down free speech. The old boy professed to be delighted with the argument, and gave the gaping bystanders to understand that I was a talented publicist. In turn I admired the curious shirt he wore -- sleeveless and with the neck cut very low. We parted in the manner of two Spanish ambassadors.
But that was the last touch of affability that I was destined to see in Bryan. The next day the battle joined and his face became hard. By the end of the first week he was simply a walking malignancy. Hour by hour he grew more bitter. What the Christian Scientists call malicious animal magnetism seemed to radiate from him like heat from a stove. From my place in the court-room, standing upon a table, I looked directly down upon him, sweating horribly and pumping his palm-leaf fan. His eyes fascinated me: I watched them all day long. They were blazing points of hatred. They glittered like occult and sinister gems. Now and then they wandered to me, and I got my share. It was like coming under fire.
What was behind that consuming hatred? At first I thought that it was mere evangelical passion. Evangelical Christianity, as everyone knows, is founded upon hate, as the Christianity of Christ was founded upon love. But even evangelical Christians occasionally loose their belts and belch amicably; I have known some who, off duty, were very benignant. In that very courtroom, indeed, were some of them -- for example, old Ben McKenzie, Nestor of the Dayton bar, who sat beside Bryan. Ben was full of good humor. He made jokes with Darrow. But Bryan only glared.
One day it dawned on me that Bryan, after all, was an evangelical Christian only by sort of afterthought -- that his career in this world, and the glories thereof, had actually come to an end before he ever began whooping for Genesis. So I came to this conclusion: that what really moved him was a lust for revenge. The men of the cities had destroyed him and made a mock of him; now he would lead the yokels against them. Various facts clicked into the theory, and I hold it still. The hatred in the old man's burning eyes was not for the enemies of God; it was for the enemies of Bryan.
Thus he fought his last fight, eager only for blood. It quickly became frenzied and preposterous, and after that pathetic. All sense departed from him. He bit right and left, like a dog with rabies. He descended to demagogy so dreadful that his very associates blushed. His one yearning was to keep his yokels heated up -- to lead his forlorn mob against the foe. That foe, alas, refused to be alarmed. It insisted upon seeing the battle as a comedy. Even Darrow, who knew better, occasionally yielded to the prevailing spirit. Finally, he lured poor Bryan into a folly almost incredible.
I allude to his astounding argument against the notion that man is a mammal. I am glad I heard it, for otherwise I'd never believe it. There stood the man who had been thrice a candidate for the Presidency of the Republic -- and once, I believe, elected -- there he stood in the glare of the world, uttering stuff that a boy of eight would laugh at! The artful Darrow led him on: he repeated it, ranted for it, bellowed it in his cracked voice. A tragedy, indeed! He came into life a hero, a Galahad, in bright and shining armor. Now he was passing out a pathetic fool.
Worse, I believe that he somehow sensed the fact -- that he realized his personal failure, whatever the success of the grotesque cause he spoke for. I had left Dayton before Darrow's cross-examination brought him to his final absurdity, but I heard his long speech against the admission of expert testimony, and I saw how it fell flat and how Bryan himself was conscious of the fact. When he sat down he was done for, and he knew it. The old magic had failed to work; there was applause but there was no exultant shouts. When, half an hour later, Dudley Field Malone delivered his terrific philippic, the very yokels gave him five times the clapper-clawing that they had given to Bryan.
This combat was the old leader's last, and it symbolized in more than one way his passing. Two women sat through it, the one old and crippled, the other young and in the full flush of beauty. The first was Mrs. Bryan; the second was Mrs. Malone. When Malone finished his speech the crowd stormed his wife with felicitations, and she glowed as only a woman can who has seen her man fight a hard fight and win gloriously. But no one congratulated Mrs. Bryan. She sat hunched in her chair near the judge, apparently very uneasy. I thought then that she was ill -- she has been making the round of sanitariums for years, and was lately in the hands of a faith-healer -- but now I think that some appalling prescience was upon her, and that she saw in Bryan's eyes a hint of the collapse that was so near.
He sank into his seat a wreck, and was presently forgotten in the blast of Malone's titanic rhetoric. His speech had been maundering feeble and often downright idiotic. Presumably, he was speaking to a point of law, but it was quickly apparent that he knew no more law than the bailiff at the door. So he launched into mere violet garrulity. He dragged in snatches of ancient chautauqua addresses; he wandered up hill and down dale. Finally, Darrow lured him into that fabulous imbecility about man as a mammal. He sat down one of the most tragic asses in American history.
It is the national custom to sentimentalize the dead, as it is to sentimentalize men about to be hanged. Perhaps I fall into that weakness here. The Bryan I shall remember is the Bryan of his last weeks on earth -- broken, furious, and infinitely pathetic. It was impossible to meet his hatred with hatred to match it. He was winning a battle that would make him forever infamous wherever enlightened men remembered it and him. Even his old enemy, Darrow, was gentle with him at the end. That cross-examination might have been ten times as devastating. It was plain to everyone that the old Berseker Bryan was gone -- that all that remained of him was a pair of glaring and horrible eyes.
But what of his life? Did he accomplish any useful thing? Was he, in his day, of any dignity as a man, and of any value to his fellow-men? I doubt it. Bryan, at his best, was simply a magnificent job-seeker. The issues that he bawled about usually meant nothing to him. He was ready to abandon them whenever he could make votes by doing so, and to take up new ones at a moment's notice. For years he evaded Prohibition as dangerous; then he embraced it as profitable. At the Democratic National Convention last year he was on both sides, and distrusted by both. In his last great battle there was only a baleful and ridiculous malignancy. If he was pathetic, he was also disgusting.
Bryan was a vulgar and common man, a cad undiluted. He was ignorant, bigoted, self-seeking, blatant and dishonest. His career brought him into contact with the first men of his time; he preferred the company of rustic ignoramuses. It was hard to believe, watching him at Dayton, that he had traveled, that he had been received in civilized societies, that he had been a high officer of state. He seemed only a poor clod like those around him, deluded by a childish theology, full of an almost pathological hatred of all learning, all human dignity, all beauty, all fine and noble things. He was a peasant come home to the dung-pile. Imagine a gentleman, and you have imagined everything that he was not.
The job before democracy is to get rid of such canaille. If it fails, they will devour it.
The Scopes Trial
by H.L. Mencken
(The Baltimore Evening Sun, September 14, 1925)
The Liberals, in their continuing discussion of the late trial of the infidel Scopes at Dayton, Tenn., run true to form. That is to say, they show all their habitual lack of humor and all their customary furtive weakness for the delusions of Homo neanderthalensis. I point to two of their most enlightened organs: the eminent New York World and the gifted New Republic. The World is displeased with Mr. Darrow because, in his appalling cross-examination of the mountebank Bryan, he did some violence to the theological superstitions that millions of Americans cherish. The New Republic denounces him because he addressed himself, not to "the people of Tennessee" but to the whole country, and because he should have permitted "local lawyers" to assume "the most conspicuous position in the trial."
Once more, alas, I find myself unable to follow the best Liberal thought. What the World's contention amounts to, at bottom, is simply the doctrine that a man engaged in combat with superstition should be very polite to superstition. This, I fear, is nonsense. The way to deal with superstition is not to be polite to it, but to tackle it with all arms, and so rout it, cripple it, and make it forever infamous and ridiculous. Is it, perchance, cherished by persons who should know better? Then their folly should be brought out into the light of day, and exhibited there in all its hideousness until they flee from it, hiding their heads in shame.
True enough, even a superstitious man has certain inalienable rights. He has a right to harbor and indulge his imbecilities as long as he pleases, provided only he does not try to inflict them upon other men by force. He has a right to argue for them as eloquently as he can, in season and out of season. He has a right to teach them to his children. But certainly he has no right to be protected against the free criticism of those who do not hold them. He has no right to demand that they be treated as sacred. He has no right to preach them without challenge. Did Darrow, in the course of his dreadful bombardment of Bryan, drop a few shells, incidentally, into measurably cleaner camps? Then let the garrisons of those camps look to their defenses. They are free to shoot back. But they can't disarm their enemy.
The meaning of religious freedom, I fear, is sometimes greatly misapprehended. It is taken to be a sort of immunity, not merely from governmental control but also from public opinion. A dunderhead gets himself a long-tailed coat, rises behind the sacred desk, and emits such bilge as would gag a Hottentot. Is it to pass unchallenged? If so, then what we have is not religious freedom at all, but the most intolerable and outrageous variety of religious despotism. Any fool, once he is admitted to holy orders, becomes infallible. Any half-wit, by the simple device of ascribing his delusions to revelation, takes on an authority that is denied to all the rest of us.
I do not know how many Americans entertain the ideas defended so ineptly by poor Bryan, but probably the number is very large. They are preached once a week in at least a hundred thousand rural churches, and they are heard too in the meaner quarters of the great cities. Nevertheless, though they are thus held to be sound by millions, these ideas remain mere rubbish. Not only are they not supported by the known facts; they are in direct contravention of the known facts. No man whose information is sound and whose mind functions normally can conceivably credit them. They are the products of ignorance and stupidity, either or both.
What should be a civilized man's attitude toward such superstitions? It seems to me that the only attitude possible to him is one of contempt. If he admits that they have any intellectual dignity whatever, he admits that he himself has none. If he pretends to a respect for those who believe in them, he pretends falsely, and sinks almost to their level. When he is challenged he must answer honestly, regardless of tender feelings. That is what Darrow did at Dayton, and the issue plainly justified the act. Bryan went there in a hero's shining armor, bent deliberately upon a gross crime against sense. He came out a wrecked and preposterous charlatan, his tail between his legs. Few Americans have ever done so much for their country in a whole lifetime as Darrow did in two hours.
The caveat of the New Republic is so absurd that it scarcely deserves an answer. It is based upon a complete misunderstanding of the situation that the Scopes trial revealed. What good would it have done to have addressed an appeal to the people of Tennessee? They had already, by their lawful representatives, adopted the anti-evolution statute by an immense majority, and they were plainly determined to uphold it. The newspapers of the State, with one or two exceptions, were violently in favor of the prosecution, and applauded every effort of the rustic judge and district attorney to deprive the defense of its most elemental rights.
True enough, there was a minority of Tennesseeans on the other side -- men and women who felt keenly the disgrace of their State, and were eager to put an end to it. But their time had passed; they had missed their chance. They should have stepped forward at the very beginning, long before Darrow got into the case. Instead, they hung back timorously, and so Bryan and the Baptist pastors ran amok. There was a brilliant exception: John R. Neal. There was another: T.R. Elwell. Both lawyers. But the rest of the lawyers of the State, when the issue was joined at last, actually helped the prosecution. Their bar associations kept up a continuous fusillade. They tried their best to prod the backwoods Dogberry, Raulston, into putting Darrow into jail.
There was but one way to meet this situation and Darrow adopted it. He appealed directly to the country and to the world. He had at these recreant Tennesseeans by exhibiting their shame to all men, near and far. He showed them cringing before the rustic theologians, and afraid of Bryan. He turned the State inside out, and showed what civilization can come to under Fundamentalism. The effects of that cruel exposure are now visible. Tennessee is still spluttering -- and blushing. The uproar staggered its people. And they are doing some very painful thinking. Will they cling to Fundamentalism or will they restore civilization? I suspect that the quick decision of their neighbor, Georgia, will help them to choose. Darrow did more for them, in two weeks, than all their pastors and politicians had done since the Civil War.
His conduct of the case, in fact, was adept and intelligent from beginning to end. It is hard, in retrospect, to imagine him improving it. He faced immense technical difficulties. In order to get out of the clutches of the village Dogberry and before judges of greater intelligence he had to work deliberately for the conviction of his client. In order to evade the puerile question of that client's guilt or innocence and so bring the underlying issues before the country, he had to set up a sham battle on the side lines. And in order to expose the gross ignorance and superstition of the real prosecutor, Bryan, he had to lure the old imposter upon the stand.
It seems to me that he accomplished all of these things with great skill. Scopes was duly convicted, and the constitutional questions involved in the law will now be heard by competent judges and decided without resort to prayer and moving pictures. The whole world has been made familiar with the issues, and the nature of the menace that Fundamentalism offers to civilization is now familiar to every schoolboy. And Bryan was duly scotched, and, if he had lived, would be standing before the country today as a comic figure, tattered and preposterous.
All this was accomplished, in infernal weather, by a man of sixty-eight, with the scars of battles all over him. He had, to be sure, highly competent help. At his table sat lawyers whose peculiar talents, in combination, were of the highest potency -- the brilliant Hays, the eloquent Malone, the daring and patriotic Tennesseean, Neal. But it was Darrow who carried the main burden, and Darrow who shaped the final result. When he confronted Bryan at last, the whole combat came to its climax. On the one side was bigotry, ignorance, hatred, superstition, every sort of blackness that the human mind is capable of. On the other side was sense. And sense achieved a great victory.