On the first two of these two points there is no dispute, while some will not admit the third, and others proscribe the fourth. Let us, however, admit the four.
Who has the right to imprison and assign the terms and conditions to the imprisoned?
The State alone, or society organized in a body politic, has this right, and that is to be exercised by due process of law, in which exercise she is, first, in her legislative capacity, to point out clearly, by her enactments, for what a man shall be imprisoned, specify the terms of the imprisoning and the conditions to which the imprisoned shall be subjected; second, in her judicial capacity, assign the wrong doer his merited doom; and, third, in her executive capacity, to carry out in him the decisions she has made, no individual having a right to interfere with this in any way, except as specially authorized by State enactments.
Hence, the criminal, when standing at the bar and hearing the sentence of the judge, can understand exactly what lawfully and justly awaits him, provided that he demean himself uprightly in his new condition.
Suppose the sentence, in a given case, is this: "You are to be confined at hard labor in our State Prison for five years." In this all that can lawfully be inflicted upon the convict is involved. So say the judges themselves. Hence, should any man, or party of men, bring upon him additional infliction during that time, the imprisoned would, just so far, become the sufferer of a wrong, and those making that infliction would be the wrong doers. Let us, then, analyze this sentence and thus ascertain its elements.
Being confined in prison for the term, all admit, involves the idea that he is to enter those walls and not be permitted to pass out till his time is ended.
As the term, "hard labor," is not defined, it must be determined by the common custom of workmen at the same or similar business outside. So say the judges again. To illustrate: if ten hours constitute a day's work with these, so with the prisoners,—not twelve or fifteen. Again, if, in bedstead making, turning one hundred posts, in the one case, is required for a day, so in the other, not one hundred and fifty or two hundred. This laboring day after day, during the specified number of years, constitutes the "hard labor" in the meaning of the court.
The law assigns no further punishment to the imprisoned, if duly submissive to wholesome prison rules. But, should he be stubborn, refusing to perform his task, or obey the regulations generally, or should he rise in rebellion, of necessity discretion must be left with the officers to use such means, even to taking life, as shall be essential in bringing the delinquent to subordination. These means, however, may be limited by law, as they are to a great degree in our State, and are ever to be used as humanity dictates.
What rights does the State take from the criminal in imprisoning?
She takes from him the right to live and act outside of prison walls, to be a master to himself inside, and to receive his earnings as his own. These constitute the sum total. As he had used his liberty and the mastery of himself to the public damage, she justly steps in, deprives him of the one and takes upon herself the other, thereby assuming the guardianship over him during the specified time. She takes his earnings as a compensation, so far as they will go, for his damage and expense to community, and as an important element in his punishment. She becomes his guardian for the purpose of so educating him that, on going out, he shall live an upright, harmless life.