What rights remain to the imprisoned?
There is a wide range, a long list of these, which the State does not pretend to cut off or interfere with, such as the right to suitable food, clothing, lodging, ventilation, drainage, care in sickness or infirmity: in a word, to what will tend to corporeal vigor; the right to means for mental, moral and religious culture, or what will tend to the development in him of true manhood. If this is not so, which right is cut off or curtailed? and where is the law that does it?
What duties does the State take upon herself in thus imprisoning?
These are of two classes, one relating particularly to herself, and the other to the imprisoned.
Duty to herself is done, 1st, in protecting society from the crimes of the imprisoned, which she does by imprisoning; 2nd, in keeping the criminal diligently at work, thereby obtaining pecuniary compensation, so far as can be, for her trouble and expense on his account; 3d, in using all feasible efforts for rubbing off the rust of sin, washing away the corruption of iniquity, found in those taken in charge, and making of them true men,—good, industrious, honest, upright citizens.
The latter part is of the highest moment, far exceeding all considerations of mere dollars and cents, drawing as much real manhood as possible from the material put in her hands. If she takes one who is dangerous to society, and works in him an entire reform, she accomplishes a work in comparison with which gold and silver will weigh but little. Making men is the high mission of the prison, and the State can not be regarded as having performed anything like her whole duty, till she has used every feasible means to this great end.
The duty of the State to the prisoner is performed by securing to him what he needs in his corporeal, mental, moral and religious departments.
If she withholds in any of these, so far she becomes delinquent towards the imprisoned, a violator of his rights just as really as he had been a violator of others' rights when in his wild career of sinning.
More than this. In such withholding she becomes chargeable with real cruelty. For she has put the man in a state where he can not supply his own needs, and, if she neglects them, he must suffer. This is surely a grave matter, one which should be looked to with the utmost care;—a place where the State can afford to be highly generous rather than expose herself to a suspicion of such a wrong.
What are the proper means of reform?