It is a greater to steal a potater,
is brilliant, but erroneous. Logically there are no degrees of crime; a misdemeanor is as hardy a defiance of the community as a felony. The distinction is an administrative fiction to facilitate punishment. It is thought that rather than condemn a misdemeanant to perpetual restraint in prison or death on the gallows jurors would acquit him; and indubitably they would. The purpose of these feeble remarks is to lead public opinion upward through flowery paths of reason to a higher philosophy and a broader conception of duty.
My notion is that a great saving of life and property could be effected by extermination of habitual criminals. Some crime would remain. Under the stress of want, men would occasionally take the property of others; crazed by sudden rage, they would sometimes slay; and so forth. But crimes of premeditation would disappear and the enormously expensive machinery of justice could be abolished. One small prison might suffice for an entire nation. A few courts of criminal jurisdiction, an insignificant constabulary, would preserve the peace and punishment could be made truly reformatory—it would not need to be deterrent. In short, the dream of the reformer, with his everlastingly futile methods of deterrence by mental and moral education, could be made to come to pass in a generation or two by the forthright and merciful plan of effacing the criminal class.
Of course I do not mean to advocate the death penalty for every premeditated infraction of the law, nor do I know how many convictions should be considered as proving the offender an habitual criminal; but certainly I think that, having exceeded the number allowed him, his right to life should be held to have lapsed and he should be removed from this vale of tears forthwith. The fact that a man who habitually breaks the law may be better than another who habitually obeys it, or the fact that he who is convicted may be less guilty than he who escapes conviction, has nothing to do with the matter. If we can not remove all the irreclaimable the greater is the expediency of removing all that we can catch and convict. The law’s inadequacy and inconsistency are patent, but they constitute the silliest plea for “mercy” that stupidity has ever invented.
II
This is an age of mercy to the merciless. The good Scriptural code, “An eye for an eye, a tooth for a tooth,” has fallen into the sere and yellow leaf: it is a creed outworn. We have replaced it with a regime of “reformation,” a penology of persuasion. In our own country this sign and consequence of moral degeneration, this power and prevalence of the mollycoddle, are especially marked. We no longer kill our assassins; as a rule, the only disadvantages they suffer for killing us are those incident to detention for acquittal, with a little preaching to remind them of their mortality. Wherefore our homicide list is about twice annually that of the battle of Gettysburg.
The American prison of to-day is carefully outfitted with the comforts of home. Those who succeed in breaking into it find themselves distinctly advantaged in point of housing, and are clothed and fed better than they ever were before, or will be elsewhere. Light employment, gentle exercise, cleanliness, and sound sleep reward them, and when expelled their one ambition is to go back. The “reformation” consists in lifting them to a higher plane of criminality: the man who enters as a stupid thief is graduated a competent forger, and comes back (if he can) with an augmented self-respect and an ambition to kill the warden. Some of us old fogies think that a prison was best worth its price to the community when it was a place that a rascal would rather die out of than get into; but we are voces in deserto and in the ramp and roar of the new penology altogether unheard.
These remarks are suggested by something in France. In that half-sister republic the guillotine, though still a lawful dissuader from the error of assassination, is not at the time of writing in actual use. Murderers are still sentenced to it, but always the sentence is commuted to imprisonment during life or good behavior. Coincidently with the decline of the guillotine there is a notable rise in the rate of assassination. Somebody having had the sagacity to suggest the possibility of something more than an accidental relation between the two phenomena, it occurred to a Parisian editor to collect “views” as to the expediency of again bringing knife and neck together in the good old way. He got views of all sorts of kinds, naturally, and knows almost as much about public opinion as he did before. It is interesting to note that the literary class is nearly a unit against the chopping-block, as was to be expected: persons who work with the head naturally set a high value upon it—an over-appraisement in their own case, for their heads are somewhat impaired by their habit of housing their hearts in them. There was an honorable minority: Mistral, the Provençal poet, who pointed out (in verse) that a people too squeamish to endure the shedding of criminal blood has taken a long step in the downward path leading to feebleness.
Wherefore I say: Bravo, Mistral! You have done something to prove that not all poets are persons of criminal instincts.