The University of Texas at Austin

Law in Popular Culture collection

Legal Studies Forum
Volume 16, Number 3 (1992)
reprinted by permission Legal Studies Forum

DREISER'S SENSE OF "INJUSTICE" IN AN AMERICAN TRAGEDY

RICHARD C. STERNE
Simmons College

    Since about 1880, European and American trial fiction, like literature
in general, has been strongly influenced by Darwinism and, to a lesser extent,
Marxism. An important concept for both social Darwinists and Marxists has
been that of natural law, or laws, in the sense in which Darwin uses the term
in Chapter Four, "Natural Selection; or the Survival of the Fittest," in The
Origin of Species.1 He says that he means "by nature, only the aggregate action
and product of many natural laws, and by laws the sequence of events as ascer-
tained by us."' Completely in harmony with this descriptive notion of natural
law is Oliver Wendell Holmes's definition, "for legal purposes," of  "a right" -
a definition whose cynicism, or realism, is that of much modern fiction that
deals with the law:
... for legal purposes a right is only the hypostasis of a prophecy -
the imagination of a substance supporting the fact that the public 
force will be brought to bear upon those who do things said to con-
travene it - just as we talk of the force of gravitation accounting for 
the conduct of bodies in space.2
     The word "only" is worth noting in both Darwin's and Holmes's
definition. The word is used, clearly, in order to contrast what each writer
thinks of as a straightforward, descriptive way of discussing "nature," or "a
right," with the specious prescriptiveness that had been attached to these terms
before the enlightened nineteenth century. For the ethical "natural law" that
Sophocles adumbrated in Antigone, that Aristotle pointed to in his Rhetoric,
that Aquinas defined in Christian terms, and that having been secularized in the
seventeenth century by thinkers like Grotius and Locke, had been transmuted
into "natural rights" in the eighteenth century by Voltaire, Diderot, and others,
had come to be widely regarded in Victoria's day as an antiquated pre-
scientific concept.3
     This does not mean, however, that Western authors of trial fiction who
were influenced by Darwin or Marx dismissed the proposition that human
beings needed laws, based on ethical concepts, to regulate their behavior. What
these writers did, however, tend overwhelmingly to reject was the idea of
"natural" ethical laws on which all men and women, in all times and places,
could agree. An admirable character in Roger Martin du Gard's Darwinist

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"Dreyfus" novel, Jean Barois, refuses to be discouraged by the murky outcome
of the Dreyfus affair. For he is convinced that "present conceptions of truth
and justice will be superseded by superior ones."4 It is not clear that Martin
du Gard subscribes to this vague faith that tomorrow will be better, but at least
he permits it to be expressed in opposition to the bitter remark by one of the
other characters, that Justice and Truth are "pompous words that mean noth.
ing " (Martin du Gard, 273). Susan Glaspell says nothing at all about the future
of justice in her implicitly Darwinist short story, "A Jury of Her Peers." But
she invites us to infer that when society regularly permits women to sit on
juries, the ends of justice will be better served than they are in the Midwestern
community, circa 1917, of the story, that is dominated by men and their stolid
ideas about "evidence" and "the law." Bertolt Brecht, a bit like Martin du
Gard's optimist, postpones, but in Marxist terms, and to a specific historical
moment, the advent of a truer justice than the one that has previously obtained.
His Caucasian Chalk Circle contrasts with the chaotic injustice of medieval
"Grusinia," satirically dramatized in the body of the play, the humane ultil-
tarianism which, in a didactic preface set in the post-World War II Soviet
:Union, resolves a dispute between two collective farms. Brecht's assumption,
which is shared by Mr. Max, Bigger Thomas's lawyer in Richard Wright's
Native Son, is that a Marxist revolution can ethically transform our institutions,
including that of the trial or hearing.
     In short, much trial fiction influenced by Darwin or Marx attempts to
replace a natural law based on a supposedly innate ethical sense in man, with
the notion of an evolving or emergent ethical understanding. Dreiser's An
American Tragedy, however, stands apart in its bleak Darwinism - its preoccu-
pation with the struggle for existence and its evident lack of faith in "tomor-
row" - from works like those I have mentioned.
     Dreiser, one of many children born to a poor immigrant couple, dis-
covered the struggle for existence at an early age. He sometimes went to bed
hungry, and with one of his brothers he picked up coal along the tracks of the
Terre Haute and Evansville Railroad in order to help heat the family home.5
An ardent temperament, rebelling against his father's literal, superstitious
Catholicism, led him on a quest for sexual pleasure and material success. His
tendency to see life as governed by "forces," or by natural laws of the mechanis-
tic kind, rather than by traditional ethical natural laws, was strengthened by
both his journalistic experiences and his reading. Herbert Spencer, the popular
social Darwinist philosopher, destroyed - Dreiser wrote in A Book About
Myself - the last vestiges of his belief in immutable, supernaturally sanctioned
moral laws. In the writings of the biologist Jacques Loeb, Dreiser found human
behavior likened to the tropistic reactions of plants. From Freud, either in-
directly or directly, he acquired a sense of the relationship between an adult's
attitudes towards sex and the experiences he has had as a child.6 For the con-

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ventional morality consisting of fulminations against the indulgence of appetite,
which is articulated in Dreiser's fiction by characters like the minister in Jennie
Gerhardt and Clyde's parents in An American Tragedy, he had little respect.
Yet, despite the generally mechanistic cast of his thought, he did evoke now
and then in fiction written before An American Tragedy - Bob Ames's idealis-
tic advice to Carrie in Sister Carrie constitutes one example - a moral sense
based on "sympathy." Sympathy makes the Dreiser characters who possess it
appealing, though not necessarily "fit" from a Darwinian point of view: Jennie
Gerhardt, lovingly loyal to a man who has married a woman more socially
polished than she, stays with him during his fatal illness, then envisages a bleak,
lonely old age.
     Perhaps Dreiser was influenced up to a point  by Spencer's observation
that "sympathy is the root of both justice and beneficence." Implicit in this
formulation is a fundamental precept of Judeo-Christian natural law - the
golden rule, which is based on a capacity for sympathetic identification with
one's fellows. Taken together with comments on the prospects for an "ad-
vance" of the sentiment of justice during "peaceful phases" of history, Spencer's
remark about sympathy makes him something of a moral optimist.7 Dreiser
was not to adopt a comparable perspective until he arrived, in the 1930s and
1940s, at a kind of fusion of communism and Elias Hicks's Quakerism. Several
years before beginning to work on An American Tragedy, he wrote in a newspa-
per piece that there was
really only the golden suggestion (not a golden rule) which softens life
greatly and makes it more endurable, but it is not a law.
The "first law," Dreiser said,
(in so far as humanity is concerned) is self-preservation .... only the
fit, or those favored by accident or chance, regardless of moral or
inherent worth, can or do survive.8
Clyde Griffiths, the anti-hero of An American Tragedy, is plainly not one of the
fit. He is neither resolute nor ruthless enough to seize what he wants in a
sensate, materialistic society. At the same time, although capable of feeling
sympathy for others who are in distress, he is so weakly guided by "the golden
suggestion," so mastered by his dream of a glamorous, successful marriage, that
he plans and causes the death of a woman without money whom he has made
pregnant. Dreiser's account of his short life, with its climax in Roberta Alden's
drowning and Clyde's trial for murder, emphasizes the hypocrisy of a society
that lives chiefly by the law of the jungle, but that preaches morality and uses
the legal system to punish those too weak or clumsy to conceal or explain away
their particular "crimes."
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     The final scenes in Clyde's life, involving his virtually filial relationship
to the Reverend Duncan McMillan, indicate that Dreiser, despite the "hardness"
of his Darwinism - in comparison to that of other writers of trial fiction - is
in a sense haunted by the ghost of traditional, ethical natural law. But Dreiser
is essentially faithful, in An American Tragedy, to his view that the law of the
jungle prevails in human life; and therefore he cannot go beyond articulating
compassion for his botched and bungled fellow creatures: he cannot really ex-
press a sense of "injustice."
     Clyde Griffiths is haphazardly raised by parents who wander from city
to city conducting an evangelical Protestant mission. He perceives, as a child
that while his father and mother are constantly preaching "the love and mercy
and care of God for him and for all, the family is always hard up, never well
clothed. In Kansas City, where the Griffiths are living when the novel begins,
Clyde's older sister, Esta, is seduced by a handsome actor's "chemic witchery"
(21); she runs away with him to St. Louis where, instead of marrying her as he
had promised, he deserts her. Although Clyde's parents conceal from him and
his younger sister and brother the details of what has happened - including
Esta's pregnancy - Clyde realizes that sex is involved, and he concludes that
all this "religious emotion and talk ... hadn't saved Esta" (26). Fifteen years
old, wanting to quit school and make his way in the glamorous world outside
the drab mission, he finds a job at the Hotel Green-Davidson. Here his senses
and imagination are stirred by glimpses of fashionably dressed, evidently suc-
cessful and happy young men and women, and by the stories he hears of sexual
adventures, some of them involving bellboys and women staying at the hotel.
His own initiation, by a "Venus," (70) occurs in a brothel that Dreiser calls an
"erotic temple," (~\71) and it actually seems to be the most sacred place in the
coldly secular world of An American Tragedy.
     This experience leads Clyde to look for "a free pagan girl of his own"
(70) on whom he can spend some of ihe money he is making at the hotel. He
soon thinks he has found one, in Hortense Briggs, who will, however, behave
as calculatingly towards him as the actor had done towards Esta. Clyde is
completely confused when he finds that Esta has returned to Kansas City, and
that his mother has secretly been visiting her - and thus deceiving him. Yet
this deception, and Esta's confession to him of her own foolishness in getting
into trouble, permit him to rationalize any misadventure that he imagines
might come to Hortense through a liaison with him. Even though Clyde does
not lack sympathy for his sister, the law of survival of the fittest is impressing
itself strongly on his mind.
     Hortense, who is quite "fit," controls Clyde by hinting that she will be
"nice" to him if he buys her a fur jacket she has seen in a store window. Com-
pletely bewitched by her, he makes a down payment on the jacket, but an

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accident suddenly changes his life. An automobile in which he and Hortense
are riding with hotel bellboys and their dates hits a little girl, then smashes into
some paving stones. Hortense, concerned only that her beauty may have been
marred by facial cuts runs home. Clyde, fearful of capture by the police, but
somewhat less selfish (more "sympathetic") than she, helps to place the injured
driver and an injured girl in more comfortable positions in the car, before
running towards an open field, where he begins to crawl away to safety.
     After fleeing to St. Louis, he reads in a newspaper about the little girl's
death and the hospitalization and arrest of the driver, who has charged the
passengers with being as guilty as he, "since they had urged him to make speed
at the time and against his will - a claim which was true enough, as Clyde
knew" (161). Three years later, while living, in Chicago as "Harry Tenet,"
Clyde meets one of the other automobile passengers, Ratterer, who tells him
that the driver hid been sentenced to a year in jail, "not so much for killing the
little girl, but for taking the car" (which belonged to his father's wealthy
employer), and "running it without a license and not stopping when signaled."
(166)
     This subliminal message to Clyde about the relative importance in his
society of property and human life is supplemented by a somewhat analogous
message from his mother. Writing to "Harry Tenet" from Denver, where the
family now lives, she urges Clyde to "cling to the teachings of our Savior,"
always remembering that "right is might"; but almost in the same breath she
advises him to write to his "rich and successful" uncle in Lycurgus, New York,
to ask for a job in his collar business (163-65). There is no indication that
Clyde is troubled by this suggestion that he serve both God and Mammon. But
his later inability, in his relationship with Roberta, to act in either a steadily
compassionate or a singlemindedly ruthless way, seems due in part to his
mother's unconsciously ambivalent teaching.
     At the Chicago Union League Club, where Ratterer has found him a
bellboy job, and later noticed that the rich uncle is a guest, Clyde contrives to
meet Samuel Griffiths. Somewhat remorseful because his ineffectual brother,
Asa, had been all but disinherited by their father, Griffiths is impressed by
Clyde's apparent intelligence and ambition, and writes to him soon after their
meeting to offer him a job. Clyde accepts it.
     Walking about Lycurgus shortly after arriving there, he is struck by the
contrast between a miserable slum, "the like of which . . . he had not seen
outside of Chicago or Kansas City" (187), and the "arresting company of
houses" on the same residential street. One of these homes, which he especially
admires, has
trees, walks, newly groomed if bloomless flower beds, a large garage at
the rear, a large fountain to the left of the house as he faced it, in the
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center of which was a boy holding a swan in his arms, and to the right
of the house one lone cast iron stag pursued by some cast iron dogs
... (188)
     He learns that this is Samuel Griffiths' house, and while he does not
suspect that he himself will become the hunted stag rather than the possessor
of a beautiful swan, his thoughts evince his "unfitness." For he fears intensely
an investigation by his "uncle or his cousin or some friend or agent of theirs"
of his past life: "The matter of that slain child in Kansas City! His parents,
miserable makeshift life! Esta!" (189).
     The cousin he is thinking of is his uncle's son, Gilbert, whom he
strongly resembles, and who as secretary of the Griffiths Collar and Shirt
Company has coldly informed him that he will be starting in the "shrinking
room" of the factory (182). A major motif in An American Tragedy is the
characters' intense interest in their position on the social scale. Clyde, con-
temptuously treated by Gilbert, feels inferior to him, and looks down in his
turn on the collar factory employees - who respect and fear him simply
because of his surname - and on the people he meets at his "commonplace"
boarding house. Dreiser, whom H.L. Mencken described as "the Hindenburg
of the novel"10 has none of Moliere's deftness; but he makes Clyde behave like
a kind of small-time Tartuffe when, after Samuel Griffiths has ordered Gilbert
to promote Clyde to a twenty-five dollar position as an assistant foreman, he
begins to attend a Presbyterian Church to which the Griffiths occasionally go.
     People "know" each other, in the urban society Dreiser depicts, almost
entirely in terms of their supposed status, as this is indicated by dress, speech,
and the presence or absence of self-assurance. Clyde's rise in the factory hierar-
chy, which enables him to buy new clothes and move to a better boarding
:house, where his landlady offers a special rate because of his striking resemb-
lance to his well-known cousin, makes him especially attractive to the female
employees he now supervises. Sternly instructed though he has been by Gilbert
not to associate personally with any of these women, he enjoys erotic fantasies
in which his new status plays a key part. He muses about some of the employ-
ees who are of a "pagan and pleasure-loving turn" (238) in a way that foreshad-
ows his shallow relationship with Roberta:
. . . it might be possible ... without detection ... for him to play with
one or another of them - or all of them in turn if his interest should
eventually carry him so far - without being found out, particularly if
beforehand he chose to impress on them the fact that he was condescen-
ding when he noticed them at all. (239)
     Instead of becoming a Don Juan, however, he finds himself especially
drawn to a young woman who has been hired on a trial basis and whom Clyde,
now elevated to stamping room supervisor, decides to retain in her job. It is

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notable that although Dreiser's description of Roberta Alden's background
immediately recalls Clyde's to us - her parents are poor, her father is a "neb-
ulous" blunderer (244), like Clyde's father - she thinks of him from the begin-
ning as a glamorous Griffiths. The Clyde she falls in love with is largely a
fiction created by her conventional, impressionable mind. And Clyde's strong
feeling for her is inseparable from his conviction that he can dominate her, as
he has not been able to dominate Hortense Briggs. Darwin's observations on
sexual selection are pertinent to the genesis of this romance: Clyde's bright
plumage, for Roberta, is his Griffiths name; Roberta's sexual appeal for Clyde
is not only gracefulness and vulnerability, but her, obvious adulation of him.
     Corresponding in power to Roberta's illusion about Clyde is his fantasy
about a young friend of one of the Griffiths daughters - Sondra Finchley. He
has met her on the evening of the supper - the only invitation his uncle has
extended to him - at the Griffiths' house. The vain, self-assured daughter of
a newly rich industrialist, Sondra has had an "electric," tormenting effect on
him. Clearly unattainable, as he imagines, she becomes a goddess of Beauty-
and-Wealth in his mind.
     Clyde's essential passiveness and timidity, which prevent him from
attempting to win Sondra, are evident even at the beginning of his acquaintance
with Roberta. For it is she who initiates a conversation with him, at work.
In spite of her initiative, however, their first meeting outside the factory is
accidental - at a lake on a Sunday afternoon, while he is thinking of "that
beautiful Sondra Finchley," and only then of the poor but attractive Roberta,
"and the world which she as well as he was occupying here" (257). Once the
fortuitous meeting occurs, Clyde's "chemisms" do send him in hot pursuit of
Roberta, despite the Griffiths' ukase against fraternization with female workers.
He becomes her initiator, teaching her - overcoming religious scruples like his
own mother's - to dance, then persuading her to move from the house of one
of her friends where her every move is watched, to a lodging with a separate
entrance. There, by promising never to desert her, he overcomes her last
hesitations. Dreiser effectively evokes the mixture of guilt feelings and erotic
exhilaration in both Clyde and Roberta; and later, Clyde's cock-of-the-walk
reflection that since she was "willing to sacrifice herself for him in this fashion,
must there not be others" (300)?
     Dreiser repeatedly presents human behavior, not as relatively autono-
mous, as writers in the ethical natural law tradition - like Dante, William
Langland, Lope de Vega, Voltaire - had conceived it, but as determined by
drives, or inhibitions, or environmental forces, or accidents. A chance evening
meeting with Sondra shapes Clyde's life decisively. She mistakes him in the
dark for Gilbert, whose indifference to her has wounded her vanity, and imme-
diately she finds Clyde interesting. She relishes the thought of both striking

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back at Gil and exercising her sway over his cousin. Clyde, his confidence
buoyed by sexual success with Roberta, and by a recent invitation from a
factory official to join an important golf club, decides not to visit Roberta that
evening. During the following months, he keeps breaking appointments with
her in order to accept Sondra's social invitations.
     He is made keenly aware, however, that his relative poverty is a hard-
ship among the sleek young beasts of Lycurgus. A wealthy girl tells him at a
party that although some people think he is better looking than Gil,
that won't help you much ... unless you have money - that is, if you
want to run with people who have .... People like money even more
than they do looks. (320)
     This lapidary truth is brought strongly home to him after Roberta finds
herself pregnant. Clyde has been continuing the clandestine affair with her
only because he cannot find a creditable way to end it. A fit Darwinian would
contrive to desert the pregnant woman he no longer loves, and brazenly deny
any charge that he was responsible for her condition. Clyde, however, sensitive
as he is to "conventional or moral stimuli" (371), and pressed hard by the
desperate Roberta to help her, obtains some pills - which do not work, then
finds a doctor who, he has heard, might be willing to perform an abortion. In
a pathetic scene, Roberta goes alone to Dr. Glenn's office, Clyde having insisted
that his name "can't be pulled into this without trouble for both of us" (387).
When she tells Glenn of her problem, he refuses on moral grounds to do what
she asks, and tries to persuade her to discuss the predicament with her parents.
But the heart of the matter is clearly her lack of the money that people "like
even more than they do looks." For the doctor,
in several cases in the past ten years where family and other neighbor-
hood and religious considerations had made it seem quite advisable...
had assisted in extricating frqm the consequences of their folly several
young girls of good family "Who had fallen from grace and could not
otherwise be rescued, [but] he was opposed to aiding . . . any lapses or
tangles not heavily sponsored by others. It was too dangerous. (400)
     Dreiser observes sardonically, after Roberta has again visited Glenn and
again been turned down, that the doctor gave no hint that he could be induced
to act "as indeed he could act. It was against his prejudices and ethics" (410).
     Clyde keeps playing for time with the terrified Roberta, who grows
increasingly insistent on marriage. Although he is unable to avoid comparing
Roberta's situation to Esta's some years earlier, he still coolly asks himself
who had come to Esta's rescue? And after all, if only he could extricate himself
from this mess, and marry Sondra, he would be

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the equal, if not the superior, of Gilbert Griffiths himself and all those
others who originally had ignored him here - joint heir (with Sondra's
brother) to all the Finchley means. (425)
     When Roberta is four months pregnant, he receives two letters - one
a baby-talk invitation from "Sonda" to "Clydie-Mydie" (Hortense, also using
baby-talk narcissistically, had addressed it to the fur jacket she coveted) to visit
her at the Finchleys' summer place, where "we'd ride and drive and swim and
dance" (433); the other from Roberta, who is anxiously waiting at her parents'
home for him to take her on the wedding trip he has hinted at. Her predica-
ment, which she has managed to hide from her family, causes Clyde "one of his
old time twinges of remorse and pity" - he is able "to sympathize deeply, if
gloomily" with her (434) - but the weight of her dependence on him makes
him long to run away with and marry Sondra.
     At this point Clyde happens to read a newspaper report of an "Acciden-
tal Double Tragedy" at a western Massachusetts lake. A rowboat that had been
rented by a man and a girl had been found, upside-down, near the shore. The
girl's body had eventually been discovered, but there was still no trace of the
man's. Pondering the news item as he goes to bed that night,
he was struck by the thought ... supposing that he and Roberta - no,
say he and Sondra - (no, Sondra could swim so well, and so could he)
- he and Roberta were in a small boat somewhere and it should cap-
size at the very time, say, of this dreadful complication which was so
harassing him? (440)
Clyde's brief flirtation here -with the idea of dying along with Sondra ("Double
Tragedy," the newspaper headline says) is consistent with his general passive-
ness, and indicates - particularly when taken together with his complete
bungling of the eventual murder plan - that his grasp of realities is much
weaker than his fantasies.
     Although Clyde feels that even to think of such a solution as drowning
Roberta is to commit "a horrible, terrible crime" (440), the dark thought
returns after an excursion with Sondra and her friends to Big Bittern, a virtually
uninhabited Adirondack region dotted with "lonesome lakes" (458). After
Roberta writes again, threatening to let the world "know how you have treated
me" (469), he telephones her to say he will take her away, vaguely mentioning
a little trip, "somewhere before they got married or after" (470).
     Roberta's death comes about in a manner sufficiently different from
what Clyde has envisioned, to make him (and many readers of the novel)
uncertain about the extent of his guilt. Dreiser's depiction of the death scene
on the lonely lake epitomizes that combination of chance, "chemisms," psycho-
logical factors, and material circumstances that constitutes for him - in contrast

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to the relatively clear-cut tales that the prosecution and defense attorneys will
tell in court - the human situation. The crucial events in the rowboat result
from Clyde's sudden inability to do what he has planned:
. . . turn swiftly and savagely to one side or the other - leap up
upon the left wale or right and upset the boat; or failing that, rock it
swiftly, and if Roberta protested too much, strike her with the carnera
in his hand, or one of the oars at his right.
Instead, he suffers a "sudden palsy of the will" (491). His tormented facial
expression frightens Roberta, who cries out and, by crawling along the keel,
attempts to  approach him, since he seems about to fall either into the boat or
into the water. As she draws near him, "seeking to take his hands in hers and
the camera from him in order to put it into the boat," Clyde strikes out at her,
"but not even then with any intention to do other than free himself of her -
... her presence forever - ...!" This description of his intention, and the passage
that follows it, convey an impression of the event that differs, as we shall see,
from the impression that Clyde himself gives to the Reverend Duncan
McMillan later in the novel. (It will be, however, a crucial element of Clyde's
lying courtroom testimony about what happened on the lake that he in no way
injured Roberta who, he will say, precipitated the overturning of the boat by
jumping up in excitement at his offer of marriage.)
    Dreiser, after telling us that Clyde's sole intention was to "free himself"
from Roberta "forever," continues:
Yet (the camera still unconsciously held tight) pushing at her with such
vehemence as not only to strike her lips and nose and chin with it, but
to throw her back sidewise toward the left wale which caused the boat
to careen to the very water's edge. And then he, stirred by her sharp
scream, (as much due to the lurch of the boat, as the cut on her nose
and lip), rising and reaching half to assist and recapture her and half to
apologize for the unintended blow - yet in so doing completely capsiz-
ing the boat - himself and Roberta being as instantly thrown into the
water. And the left wale of the boat as it turned, striking Roberta on
the head as she sank and then rose for the first time, her frantic, con-
torted face turned to Clyde, who by now had righted himself. (492-93)
     Dreiser's language indicates that what has happened so far is an accident,
for the boat's capsizing is due to Clyde's effort "to assist and recapture her and
to apologize for the unintended blow." What happens next, however, is
described in such a way that even in the heavily "determined" world of Drei-
ser's novel it strikes us as moral wrongdoing on Clyde's part. Roberta, unable
to swim, calls for help, but a "voice at his ear" tells him that an accident is
saving him the labor of what he has sought.

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And then Clyde, the sound of Roberta'a cries still in his ears, that last
frantic, white, appealing look in her eyes, swimming heavily, gloomily
and darkly to shore. (493-94)
     Among Clyde's many blunders in planning Roberta's death was his
failure to realize that she might leave incriminating evidence at the lakeside inn
where they had registered. There, soon after her drowned body is recovered,
a letter to her mother is found in her coat, saying, "We're up here and we're
going to be married, but this is for your eyes alone" (499). The County Dis-
trict Attorney, when shown this letter by the County Coroner - who men-
tions other suspicious aspects of the event, one of which is that the man's body
has not yet been found - agrees tacitly with his view that the case has good
political potentialities. For the District Attorney, who hopes to win a judge-
ship in a forthcoming election, stands to benefit among prospective voters from
a timely, important criminal conviction. But as his attention focuses increasing-
ly on Clyde - who will be arrested at Twelfth Lake, where Sondra and her
friends are vacationing - he comes to have additional reasons for zealously
prosecuting the case. "The son of a poor farmer's widow," District Attorney
Mason had denied himself all pleasures in childhood in order to help his moth-
er; and as an adult,, he looked upon those "with whom life had dealt more
kindly as too favorably treated" (504). Clyde Griffiths, Mason soon learns he
is far from wealthy, he loathes because of the latter's close association with the
"wretched . . . indifferent" rich (516). And because Mason suffers from a
"psychic sex scar" (504) as the result of a facial injury in adolescence, he envies
and despises Clyde's evident popularity with women. Happily for Mason,
another of Clyde's blunders has been to leave in a trunk in the Lycurgus room
the final fifteen letters that Roberta had sent him, as well as many notes and
invitations from Sondra, and letters from his mother that include two addressed
to Harry Tenet, in Chicago. When newspaper editors from all over the United
States ask Mason for more information about the case, and especially about the
"beautiful wealthy girl with whom it was said this Griffiths was in love," the
District Attorney, "over-awed by the wealth of the Finchleys and the Griffiths,"
simply replies that she is
the daughter of a very wealthy manufacturer of Lycurgus, whose name
he did not care to furnish....
But Mason does not hesitate to show reporters the bundle of letters from
Roberta - for, as Dreiser mordantly observes, "who was there to protect her"
(577).
     As far as Clyde's relationship to the Samuel Griffiths family is con-
cerned, he suffers more than he benefits from it. On the one hand, pre-trial
press reports emphasize his connections with the well-to-do:

[343]

CLYDE GRIFFITHS, NEPHEW OF THE WEALTHY 
COLLAR MANUFACTURER OF LYCURGUS,
NEW YORK." (622)

On the other hand, no member of the wealthy Griffiths family gets in touch
with him, or makes any public statement about him. Samuel Griffiths is honest
enough to ask himself whether his having ignored Clyde for eight months after
putting him to work in the factory basement might have been "at least a
contributing cause to all this horror" (586). And - though chiefly because
some sort of a defense on the part of the Griffiths would . . . be expected by
the public" - he does authorize the engagement and payment of competent
lawyers to defend his nephew. Griffiths knew, however, of other criminal
lawyers, "very distinguished" ones, who
for a sufficient retainerv, ia change of venue, motions, appeals, etc.,
might and no doubt would be able to delay and eventually effect an
ultimate verdict of something less than death, if such were the wish of
the head of this very important family.
But such a "hotly contested trial as this" would result in a great deal of publi-
city, "and did Mr. Samuel Griffiths want that"(589)?
     Thus, Dreiser indicates that in this world where the unfit fall, Clyde is
condemned to die because money is not available to him to hire the most
"distinguished" lawyers - just as Roberta was condemned to continue her preg-
nancy because neither she nor Clyde could afford to pay enough to buy an
abortion. Neither the golden rule, the most compassionate commandment of
the Judeo-Christian version of natural law (that universal law which Aristotle
said was "binding on all men," and which "every one to some extent div-
ines")," nor the "golden suggestion," competes effectively in An American
Tragedy with hard Darwinian law.
     In Clyde's trial, the "truths" presented to the jury by lawyers for the
prosecution and the defense differ - through deceptive and distorted presenta-
tions of evidence, and through the suppression of some important details -
from the truth that Dreiser, as omniscient narrator, has communicated to us.
In effect, each side in the case creates its own art-work or fiction, in the hope
that the jury will accept it as a conclusive marshalling of "the facts."
     The prosecution has a strong evidential case. The eagerness, however,
of one of Mason's assistants to prevent Clyde from escaping "justice" has led
him to practice what he considers an excusable deception. He has threaded a
strand of Roberta's hair through the lens of the camera which had caused the
bruises about her head. This maneuver - of which Mason himself is appar-
ently unaware - is calculated to have a powerful effect in a courtroom where
feeling against Clyde is already high. For the printing in newspapers, before

[344]

the trial, of excerpts from Roberta's "more poetic and gloomy" letters has
produced
a wave of hatred for Clyde as well as a wave of pity for her - the
poor, lonely, country girl who has had no one but him - and he cruel,
faithless, - a murderer even. (577)
The smash hit of the trial is the dramatic, occasionally lachrymose reading by
Mason - who has told local newspapermen how strongly he has been moved
of her letters. Dreiser remarks that
the moist eyes and the handkerchiefs and the coughs in the audience
and among the jurors attested their import. (661)
     As for Sondra's letters to Clyde, Mason has considered them vital to his
case until her father puts pressure on him through the chairman of the Repub-
lican Party's state Central Committee, not in any way to use either the girl's
name or her letters. Since Clyde himself does not want the name of his goddess
to be mentioned in the trial, an agreement is reached to refer to her only as
"Miss X." Thus a mysterious element is introduced into the courtroom, where
it might have been in Clyde's interest for his attorneys to deal more openly
with his obsession.
     Just as Sondra Finchley's well-connected father is able to force Mason
to keep her name out of the trial, Samuel Griffiths can prevent Belknap and
Jephson, the lawyers who have been retained for Clyde, from using as they had
hoped to do the defense of insanity, or "brain storm":
a temporary aberration due to love and an illusion of grandeur aroused
in Clyde by Sondra Finchley and the threatened disruption by Roberta
of all his dreams and plans.
     This argument, which at least has the merit of analyzing more accu-
rately Clyde's mental condition when he planned the murder than does the
defense finally settled upon, is vetoed by Griffiths both because it would re-
quire perjured testimony that Clyde was of unsound mind, and because it
would reflect on "the Griffiths' blood and brain" (607).
     Consequently, as a line of defense that Samuel Griffiths will pay for,
Clyde's lawyers come up with the notion of a "change of heart." Neither
believing the sincere account Clyde has given them of what happened in the
boat, nor thinking that the jury will believe it, Jephson, the shrewder of his
two attorneys, tells him that he must tell an effective lie in order to convince
the jury of the essential truth of his "not guilty" plea. Clyde must say on the
witness stand that when he went away with Roberta, he intended only to try
to persuade her to free him because of his love for "Miss X"; that after spending
two nights with Roberta during the trip he had a change of heart, became
ashamed of himself, and decided to offer to marry her if she felt she could not

[345]

let him go; that he actually made this offer in the boat, and that the acciden~
was precipitated by Roberta's jumping up in excitement, or gratitude, to co
towards him.
     It is true that this ingenious piece of fiction does not account for
Clyde's swimming fifty feet to shore, instead of thirty-five feet to rescue the
drowning Roberta. Nor does it explain his having earlier buried a canera
tripod which he took time to dig up while Roberta drowned. But it turns out,
that with respect to his failure to help Roberta, the judge's charge to the jury
appears to favor him:
"If the jury finds that Roberta Alden accidentally or involuntarily fell
out of the boat and that the defendant made no attempt to rescue her,
that does not make the defendant guilty and the jury must find the
defendant 'not guilty.'"
For that matter, the judge's only other reference in his charge to what hap-
pened in the boat should have favored Clyde, had the jury known what Dreiser
as narrator has said about Clyde's striking out at Roberta - "but not even then
with any intention to do other than free himself of her - ... her presence
forever ... !" For the judge's instruction with respect to the "fatal accident" is:
... if the jury finds that the defendant in any way, intentionally, there
and then brought about or contributed to that fatal accident, either by
a blow or otherwise, it must find the defendant guilty."(736)
     With the exception of one of its members, however, the all-male jury
has been "convinced of Clyde's guilt before ever they sat down" (638-39) in the
courtroom. Thus, when Clyde re-enacts, on Mason's orders during cross-exami-
nation, the way he had pushed at Roberta with the camera, the jurors - recal-
ling the testimony of five doctors that the injuries to Roberta showed she had
at least been stunned - assume that,Clyde has deliberately been minimizing the
force he had used.
   It is also significant, as far as the atmosphere in the courtroom is con-
cerned that after Mason has forced Clyde to admit to having continued his
sexual liaison with Roberta even after seeking "Miss X's" company, an irate
'woodsman cries out vengefully, "'Why don't they kill the God-damned bastard
and be done with him?"' (721) During the jury's deliberations, one man -
politically opposed to Mason (who has won his judgeship during the trial) -
holds out against convicting Clyde, until
he was threatened with exposure and the public rage and obloquy
which was sure to follow in case the jury was hung .... Whereupon,
having a satisfactory drug business in North Mansfield, he at once
decided that it was best to pocket this opposition to Mason and agree. (737)
[346]

     Ironically, after the failure of his phony "change of heart" defense leads
to his being condemned to die, Clyde acts in such a way as to help bring about
his own execution. Through his mother, who in a sad and grotesque turn of
events has come east as a paid special newspaper correspondent - in order to
earn money for an appeal of Clyde's case - he meets an evangelical lay preach-
er, the Reverend Duncan McMillan. This high-minded though sexually "re-
pressed and sublimated" man, "sorrowing with misery yearning toward an
impossible justice," has been persuaded by Mrs. Griffiths that Clyde is about to
be unjustly executed
by the pitiful but none-the-less romantic and poetic letters of [Roberta]
which should never have been poured forth upon a jury of men at all.
(777)
McMillan visits Clyde in jaill, quotes the Bible to him, and becomes his con-
fidant. Although, the forceful, zealous McMillan is the type of person who
would not have moved him at all earlier in his life, Clyde responds strongly to
him in these new, desperate circumstances. Needing to confess, and to discover
the extent of his actual guilt, he rejects as "shabby, false," the thought that
while his appeal is pending it would be impolitic to go back on the lying
testimony he had given in court. Pouring out his story to the minister, he
admits that he had had no "change of heart." In the boat, just before Roberta
rose to come to him, "there had been a complex, troubled state, bordering, as
he now saw it, almost upon trance or palsy." Perhaps, he says, this was partly
due to "the shame of so much cruelty" in connection with his plan to strike
her. But at the same time)
there was anger, too, - hate, maybe - because of her determination to
force him to do what he did not wish to do....
     He goes on to tell McMillan that "perhaps" - for he is not sure even
now - that anger had given the blow with the camera "its so destructive
force! Despite his immediate qualification that "in rising he was seeking to
save her," (793) the minister concludes from Clyde's further admission that he
had not wanted to save Roberta from drowning, that "'in your heart was mur-
der then.'" And Clyde reflectively replies, "'Yes, yes ... I have thought since
It must have been that way."' (795).
     Consequently, when after the appeal of Clyde's conviction has been
turned down, McMillan goes to plead for mercy with the New York State
Governor, the minister says only that Clyde has "'come into a new understan-
ding of life, duty, his obligations to man and God"' (802-03). And although

[347]

McMillan asks - at least partly because he opposes capital punishment -- that
the sentence be commuted to life imprisonment, the Governor refuses, having
decided
from something in McMillan's manner that he, like all others, appar-
ently was satisfied as to Clyde's guilt. (803)
     It is clear to the reader that McMillan has concluded - not in terms of
the "law" as it was conveyed in the trial judge's charge to the jury, but in terms
of morality - or ethical natural law - that Clyde was guilty of premeditated
murder. His conclusion is understandable; but as far as the circumstances of
Roberta's death are concerned, there is a detail that presents the reader with
problem. For Clyde's account in his confession to McMillan of what happened
in the boat differs subtly from Dreiser's "omniscient" account. Clyde says that
there had been some anger "that had given the blow its so destructive force.*
In the omniscient description, Clyde yielded - as Roberta attempted to ap-
proach him - "to a tide of submerged hate, not only for himself, but Roberta
. . . " but he feared "to act in any way." Then, as she drew near him,
seeking to take his hand in hers and the camera from him in order
put it in the boat, he flinging out at her, but not even then with any
intention to do other than free himself of her - her touch - her plead-
ing - consoling sympathy - her presence forever - God! (492)
The key difference between the two accounts is that Clyde's accentuates the
possibility of a link between his anger and the blow's "destructive force," while
the omniscient one emphasizes the absence of any intention on his part, in
vehemently pushing the camera at Robert, "to do other than free himself of
her." Why is Clyde harder on himself than the all-knowing narrator is?
     The answer, I believe, is that Clyde's moral impulse (or "superego"
which has been weak during the long period of "pagan" rebellion against his
parents' intense religious moralizing, becomes unusually strong when he is with
McMillan, who while as forceful as his mother, is more sympathetic than either
her or his father. It is not accurate to say, as one critic of An American Tragedy
does, that
at the last crucial moment Dreiser gives Clyde a hitherto undemon-
strated moral sense which recoils at a hitherto undemonstrated principle
of internal evil.12
For Clyde's moral sense has certainly been demonstrated earlier in the novel.
just before Roberta told him of her pregnancy, he felt guilty over "his recent
treatment of her," and Dreiser remarks:
Being sensitive to conventional or moral stimuli as he still was, he
could not quite achieve a discreditable thing, even where his own
[348]

highest ambitions were involved, without a measure of regret or at least
shame. (371)
And while reading the letter from Roberta whose tone contrasts so strongly
with that of the note he has just received from Sondra, Clyde "experienced one
of his oldtime twinges of remorse and pity in regard to her":
For after all, this was not her fault. She had so little to look forward
to - nothing but her work or a commonplace marriage. For the first
time in many days, really... he was able to ... sympathize deeply,
if gloomily. (434)
Furthermore, after Clyde has deserted the drowning Roberta, and swum to
shore, he can not escape the thought of his moral responsibility:
For had he not refused to go to her rescue, and when he might have
saved her, and -when the fault for casting her in the water, however
acciidentally, was so truly his? And yet - and yet ... (494)
     The essential point about his moral sense is that it manifests itself only
in reaction to particular situations. It is too weak to serve as a guide to the
conduct of his life. His most powerful guides have been his "chemisms" and
the values of a society that teaches him that "money makes the mare go." Only
to McMillan does he attempt to tell the truth about what he did to Roberta,
and how he had come to do it. But the hardness on himself of his confession
- is it his mother's moral sense (rather than her tough practicality) within him
that speaks of the force of the anger behind the blow? - militates against his
last chance to survive.
     On direct examination during his trial, Clyde explains that the name
"Tenet," beneath which he hid for a time, was that of a boy he once knew.
When Jephson asks him if he hasn't thought that he might be doing an injustice
in using that name "to cover the identity of a fellow who was running away,"
Clyde answers, "'No, sir, I thought there were lots of Tenets."' Obviously al-
luding to Clyde's unintentional pun, Dreiser remarks that although an "indul-
gent smile might have been expected at this point.... so antagonistic and bitter
was the general public toward Clyde that such levity was out of the question
in this courtroom" (674-75). So while Clyde, without intending to do so,
points to the relativism that is one of the cultural implications of Darwinism,
the audience at the trial enacts a ritual of condemnation of the man they have
come to regard "absolutely" as a vicious criminal. There are indeed in the
world Dreiser depicts, many opinions that are held to be true; and as Dreiser
shows life in An American Tragedy, we do not determine as free agents, the
tenets we live by; rather, those tenets are determined for us in ways we cannot
adequately understand.

[349]

     For this reason, Dreiser's sense of "injustice" in An American Tragedy
can only be a sense of the unfairness of life itself. For injustice is an ethical
concept, and in order to discuss a character in ethical terms we must believe in
his relative autonomy. The whole tendency, however, of this novel is to show
how "forces" within and outside Clyde impel him to the actions he takes at Big
Bittern and afterwards. Dreiser notes that the more sympathetic of his two
lawyers, Belknap, had when young been caught between a pregnant girl with
whom he had been amusing himself and a girl he wanted to marry. He had
been extricated by his wealthy father's timely engagement of "the services of
the family doctor" (592-93). In the world that Dreiser depicts, an adherence to
either "conventional" morality or to a "golden suggestion" that derives from
ethical natural law seems to subvert the individual's efforts to succeed, or some-
times even to survive. Thrasymachus's cynical definition of justice in Plato's
Republic must be amended a little in order to be fully pertinent to An American
Tragedy: Justice is the interest of the stronger "organisms."

[350]

ENDNOTES

1. Charles Darwin, The Origin of Species by Means of Natural Selection; or the Preservation
of  Favored Races in the Struggle for Life, and The Descent of Man and Selection in Relation to Sex
(New York: Modern Library, n.d.) 64.

2. Oliver Wendell Holmes, "Natural Law," Collected Legal Papers (New York: Harcourt,
1920) 310-16, rpt. American Thought: Civil War to World War I, ed. Perry Miller (New York-
Rinehart, 1954) 209.

3. Equating the "law of nature" with "universal law," Aristotle says that "there really is,
as every one to some extent divines, a natural justice and injustice that is binding on all men,
even on those who have no association or covenant with each other. It is this that Sophocles'
Antigone clearly means when she says that' the burial of Polyneices was a just act in spite of the
prohibition: she means that it was just by nature." Rhetoric, tr. W. Rhys Roberts, Rhetoric,
Poetics (1954; New York: Modern Library, 1984) 78. A. P. d'Entreves quotes Aquinas's definition
of natural law as a "participation in the Eternal law by rational creatures"; d'Entreves also ob-
serves that by the "eve of the American and French Revolutions the theory of natural law had
been turned into a theory of natural rights." Natural Law. An Introduction to Legal Philosophy
(London: Hutchinson, 1951) 39, 60.

4. Roger Martin du Gard, Jean Barois, tr. Stuart Gilbert (Indianapolis: Bobbs-Merill, 1969)
237.

5. W.A. Swanberg, Dreiser (New York: Scribner's, 1965) 7.

6. Donald Pizer, The Novels of  Theodore Dreiser.- A Critical Study (Minneapolis: U. Of
Minn. Pr., 1976) 10, 212-13.

7. Herbert Spencer, The Principles of Ethics, 2 vols (New York, 1895), 1, 147-48. C.R.B.
Dunlop in "Human Law and Natural Law in the Novels of Theodore Dreiser," 19 Amer J. of
Jurisprudence 61 (1974), observes that Dreiser tried to modify his complete negation of morality
by adding to it Spencer's idea of "the great equation." This equation provides for a certain
equilibrium in the universe, so that if - as in the case of Dreiser's protagonist in the novel, The
Financier - "a strong man becomes too powerful, he will be brought down ... by the principle
of balance or equation which operates throughout the universe of animals and men . . . ."
Dunlop does not, however, find this great equation - or any other principle that mitigates
Dreiser's denial of moral order in the universe - in An American Tragedy, even though Dreiser
"seems to have spent much of his life searching for a substitute for a God-given natural law."
See "Law and Justice in Dreiser's An American Tragedy," 6 Univ. of British Columhia L Review
379 (1972). Both of these articles are thoughtful early contributions to law-and-literature scholar-
ship. 

8. Theodore Dreiser. A Selection of Uncollected Prose, ed. Donald Pizer (Detroit: Wayne
State U Pr., 1977) 226.

9. Theodore Dreiser, An American Tragedy (New York: New American Library, 1964)
Subsequent references to this text will be identified by page numbers in parentheses in
the body of the paper.

10. H.L. Mencken, "A Literary Behemoth," Smart Set 47 December, 1915), c/rpt. Theodore
Dreiser: The Critical Reception, ed. Jack Salzman (New York: David Lewis, 1972) 239.

11. Aristotle, note 3, supra.

12. Charles Thomas Samuels, "Mr. Trilling, Mr. Warren and An American Tragedy, Dreiser:
A Collection of Critical Essays, ed. John Lydenberg, (Englewood Cliffs, NJ.: Prentice-Hall, 1971)
169.