sin. The anomaly and injustice of the distinction are obvious, and Lecky shews that even under Christianity there was a strong tendency to excuse, and thereby indirectly countenance, suicide by women in order to escape violation of their chastity.

Lecky has said that "the doctrine of suicide was indeed the culminating point of Roman stoicism. The proud, selfreliant, unbending character of the philosopher could only be sustained when he felt that he had a sure refuge against the extreme forms of suffering or despair." We may concede the legitimacy of the doctrine as applying to cases of hopeless physical ailment and suffering, although not to the domain of merely mental distress.

Christianity out-stoicised the Stoics and, notwithstanding fanatical extremes and abuses, the morale of modern civilization owes much to the arbitrary dogma. The church was building better than it knew, ingraining a sentiment that has been of prime importance in social evolution. Instead of the liberty to quit when worsted and despairing, there was substituted a dictate of conscience, and incidentally of pride, that one must still struggle on, ignoring personal consequences and immediate results, with faith in the great result that some day must be achieved.

Much has been eloquently written, both by the Roman Stoics and by moderns, in praise or extenuation of suicide. The merit of this literature is merely rhetorical, consisting as it does of variations upon the trite theme that a man may do as he wills with his own and that nothing is more essentially his own than his life. Illogical, begging the whole question, perhaps, but instinct with the very soul of modern evolution are the words of one who, by a lifetime of physical suffering and indomitable achievement, had earned the right to speak:

"The ship rides trimmed, and from the eternal shore
Thou hearest airy voices; but not yet

Depart, my soul, not yet awhile depart.

Freedom is far, rest far. Thou art with life

Too closely woven, nerve with nerve intwined;
Service still craving service, love for love.
Love for dear love, still suppliant with tears.
Alas, not yet thy human task is done!

A bond at birth is forged; a debt doth lie
Immortal on mortality. It grows-

By vast rebound it grows, unceasing growth;

Gift upon gift, alms upon alms, upreared,

From man, from God, from Nature, till the soul
At that so huge indulgence stands amazed.

Leave not my soul, the unfoughten field, nor leave

Thy debts dishonored, nor thy place desert
Without due service rendered. For thy life,
Up, Spirit, and defend that fort of clay,
Thy body, now beleaguered; whether soon
Or late she fall; whether to-day thy friends
Bewail thee dead, or, after years, a man
Grown old in honor and. the friend of peace.
Contend, my soul, for moments and for hours."

As Robert Louis Stevenson thus voiced the enthusiasm of struggle and endurance to the bitter end-a spirit different alike from the passionless brooding of Nirvana and the proud resignation of Seneca and Cato-Arthur Hugh Clough sounded the concomitant modern note of faith:

"If hopes were dupes, fears may be liars;

It may be, in yon smoke concealed,
Your comrades chase e'n now and fliers,

And, but for you, possess the field.

For while the tired waves, vainly breaking,

Seem here no painful inch to gain,

Far back. through creeks and inlets making,
Comes silent, flooding in, the main!"

The complexity and the strain of modern life conduce to the increase of suicide. For the conservation of the Christian tradition for the utilitarian good there is in it, many practical suggestions occur. Two of the more important may briefly be mentioned.

There is no more tragic lot in the modern world than that of Jean Valjean, because of its inhuman ostracism, and because it affects only comparatively few whom the law is successful in making examples of, while others, of equal moral guilt but who are shrewder, or wealthier, escape. The policy of indeterminate sentence of criminals should further evolve the social rehabilitation of repentant convicts. Under arbitrary standards now prevailing the only alternatives offered to many a normal person who has made a mis-step under grave temptation is a life-long incognito, confirmed criminality, or suicide.

It is probable that the real cause of many suicides is simple ennui. Some unfortunate strait, emotional or financial, may offer the occasion, but underlying is a feeling of slow growth that the game is no longer worth the candle. Suicides of this class are apt to be past middle life and to be childless.

If many lives have proved worth living to their normal close after an extraordinary gift is as dead as if it had belonged to another person, certainly a life that has never

known the zest of the exercise of genius may still find happiness, notwithstanding disillusionment and emotional letting down. The late E. P. Whipple in his essay on Wordsworth pointed out that in a revision of his works published late in his life there was omitted from the poem, "Louisa," a delicate conceit that her smiles as they passed away

"Are hidden in her eyes."

The critic was doubtless right in suggesting a loss of power on the poet's part to perceive the beauty of the line, and it may be taken as typical of the atrophy of fancy and sentiment, when "youth, the dream departs" and "takes something from our hearts," that " never comes again." Lyrical poetry and certain forms of fanciful and sentimental prose are essentially an expression of the vividness and intensity of early years. There are of course exceptional poets and exceptional moments of aged poets. But as a rule it is better to cease production, not, as Rossini is said to have done, from sheer laziness, but, as Thomas Bailey Aldrich did, from self-knowledge and self-control. If Donald G. Mitchell could fill out contented and useful years, though the basis of his permanent fame had long gone out, the suicidal ennui of an average person is at least aggravated egoism, even though the deed do not amount to cowardice through running away from definite responsibilty or duty.

New York City.

WILBUR LARREMORE.

CONSIDERATION AND MOTIVE AS ESSENTIALS TO A BINDING AGREEMENT.

In business circles a strong sentiment prevails that an agreement once entered into and expressed in due form should be binding without any consideration being given or received therefor. The giving of a nominal consideration for the purpose of legalizing a promise is not favourably received. It impresses the average man as archaic. And on whether or not this notion is correct, depends the future of the doctrine of consideration.

The doctrine has more than once been subjected to criticism, and its right to existence has been questioned. Its historical and theoretical significance have been ably examined but its merits and demerits from a practical standpoint have been neglected. It is the opinion of the writer that the common-law doctrine of consideration, viewed in connection with motive is a living force in the law of contracts and has proved itself superior to all other known methods of evidencing an intention to enter into a legally enforceable agreement.

At the outset it is important to distinguish between moral obligations and legal obligations. All promises should be fulfilled but this does not imply that the law should enforce them. A promissory note should be paid even though no value was given for it. But payment should not be compelled by law even though the opinion and practices of the business world are to the contrary. A naked promise, even when in the form of a writing is not a proper subject for legal sanction.

It is an every day event for some one person to desire to become legally obligated to another for a sum of money; for which obligation such person wants, and will take nothing in return. Accordingly he writes out and signs a promise to pay, which he delivers to the other; and thereupon all goes well until the promisor begins to weary of his promise, and declines to pay. These agreements rarely get into Court for the reason that a lawyer will invariably discourage a suit unless there is a chance of working in a consideration edgewise. Now whenever such a state of affairs exists it is quite evident that the promisor has some sort of motive. for entering into the promise; and he naturally feels that

if he promises at all he wants that promise to have legal force. He wishes to incur a legal obligation. By the common law, of course, no legal effect is given to such a promise unless it is supported by some consideration either given by the promisee or received by the promisor; or the agreement is under seal. The most worthy motive imaginable can not render a gratuitous promise binding in our law.1

The question then, is, should the law permit a legal liability to attach to such a gratuitous promise, or should it require that something of value be given or done for the promise before granting it recognition; and the answer is that the law should permit whatever universal custom demands, provided that it is warranted by long centuries of legal experience.

To illustrate the transaction referred to: A is indebted to X for $1,000 but is compelled, we will say, to leave town for parts unknown. B however, who is a friend of A's and desirous of helping him in every way possible, wishes to become responsible to X for A's debt; and this for the reason that he does not care to have it appear that A is unscrupulous and has departed secretly for the purpose of avoiding payment; and for the further reason that he would like to see X get what is justly due to him. Such are his motives; and accordingly he goes to X, states the case, and ends by giving him a written promise to pay $1,000. This is done in the best of faith; and yet it is very doubtful whether both parties intend or believe that promise to have legal force.

This kind of transaction is usually accomplished through the medium of a promissory note, though sometimes by a written agreement starting off with the stock phrase: "In consideration of one dollar to me in hand paid, etc."-. no dollar in fact having been paid, neither of which have any legal efficacy whatever, although it is invariably the opinion that a promise to pay in the form of a note is good notwithstanding no consideration is given therefor; and when they are held bad both parties to the transaction receive a shock. The law, however, is clear. If the promisee

1

Bearing in mind that this argument is concerned with such cases only as are mentioned above, and where no other legal consideration exists: and that as to such cases the requirement that some consideration be actually given for the promise, is not simply a technical and useless formality but is the kind of evidence the law will insist upon before it will enforce an otherwise voluntary promise.