Let us make our prisons hygienic—larger cells, drainage, air, exercise; let us select nice, kindly persons for guards and wardens; let us give the convicts useful industrial occupation, which will not only keep them happy and sane, but pay the cost of their keep to a tender-hearted but economic state; let us even be very venturesome, and—with reasonable precautions—put the men on their honor, suffer them to run out a little way and labor in the free sunshine, upon their promising to remember that they are not really free, and to return at night to their cages. And after they have served their terms, and the souls within them are moribund or dead, let us get or solicit jobs for them, and at all events keep a sentimental eye on them for a while. All this—only let us keep our prisons! For think what would happen if those terrible creatures were let loose upon us, to keep on murdering and robbing us with impunity! Remember that they are a class apart, unlike ourselves, whose perverted nature, though it may be lulled by gentleness and tact, can never become truly human.
No: the Laodicean spirit will not serve! I do not ridicule or belittle the efforts of generous and genial men and women who give their spare time, or their whole time, to bettering the plight of convicts. But the diabolical spirit of the prisons sneers at them, and sits undisturbed. Let air and sunshine come to outer courts and clean-swept cells; the star-chambers and the secret dungeons remain. Let the outraged creatures out, to stray to the extent of their honor-tether; they are slaves and prisoners still. There were compassionate reformers in Ancient Egypt, who tried to make the lot of the captive Israelites easier; but the heart of Pharaoh was hardened, and God Himself must intervene before he would let the people go. Nor does it help that the slaves themselves are grateful for hard-won privileges, and that we read urbane descriptions of smiling and rosy felons working on state roads in "Don't Worry" camps. Is it ground for congratulation that the very victims of the specious pretense of the eternal right and necessity of prisons should have succumbed to that delusion? Does it not prove a need yet more urgent to be up and at them? Is it not humiliating to know that men, our brothers, partakers of our common nature, can be so abased as to kiss the rod, and joke about their fetters, and accept as favor what none is entitled to deny them?
Prisons are hell—we come back to that; and they are not and cannot be made purgatories. Men competent to make them purgatories are not to be had at Government prices; no duties more onerous than those of a fit conscientious warden exist under the state; and how can we look for such a man at a four or five thousand dollar salary? Twenty-five or even fifty thousand would be moderate, and the men who are worth that are in some other business. The foremost citizens of the nation would not be too good for the job, and we content ourselves with ward heelers and rough-necks, who undertake it not for the salary, but for the graft that goes with it and exceeds it. Politics and graft sit in the warden's office, and walk the ranges in guards' uniform, and crush the manhood out of our brothers for money, and out of sheer wanton inhumanity. Of all the inmates of the jail, these men are the veritable and incorrigible and unpardonable criminals; for they were not driven to crime by passion, hunger, drink or ignorance, they have not been reduced to the state of desperate pariahs, outcasts and scapegoats of the race, but they willingly embrace the function entrusted to them—the Government license to steal, bully, torture and murder—with a grotesque sanctimonious leer for the public, and for the convicts—what! The régimen of hell!
This writer's statements seem a trifle emphatic, do they not? May we not surmise that they are motived by some personal grudge? have we not heard an old adage—"No thief e'er felt the halter draw with good opinion of the law?" Would it not be prudent to take all this with a grain of salt? Shall we be driven to rash measures by the objurgations of an ex-convict?
Of the right or wrong of my conviction and sentence I am not to speak here, nor do they specially interest me now, except as illustrations of the working of the machine. But personal grudge against officials of my prison I have none. I was treated with consideration and lenity. I came out in better condition upon the whole than I went in, both of body and spirit, though nothing would have been easier than to murder me under the forms of routine prison discipline. What was the reason of this? I was never informed; I might guess at it, but I don't know. Nevertheless, the sweetness and light of the prison dispensation as regarded myself did not blind my eyes or stop my ears to what was being done to others, not elected to dreams thus beautiful. I saw men beside whom I sat at meat or labored in the vineyard, fading and failing day by day; I saw some of them die of broken hearts or broken bodies; I heard their stories and was certified of their truth; I saw the cart rattle out of the gate with the pine box containing the body of the man who could only thus find freedom; I visited the graves of those who had been needlessly and sometimes wantonly slain. I could not ignore these things because I myself escaped them. After a few months of durance, I went forth free, leaving behind me men as good as I or better, sentenced to serve years, lifetimes, under treatment which I cannot imagine myself as surviving at all. My grudge is deep, but no personal one.
I shall not at present discuss Government measures of so-called mitigation—suspended sentence, parole, indeterminate sentence. In the intention of their originators they may have appeared beneficent; in practise, they proved sinister and abominable means to cruelty and despotism. There can be no compromises with hell.
But can I pretend to solve the age-long problem of the right handling of crime in the community? I am not wiser than my fellows, but I have felt and known at first hand more of certain grievous wrongs than most of them have, and even those who have known and felt may not possess the opportunity or facility to speak that I have. I must say what is in me, and leave to the collective judgment of the nation, and to the further teaching of time, what shall be changed, abolished, and done.
One thing seems plain—there must be an act of faith. Worldly wisdom and enlightened selfishness have been tried out thoroughly and are thoroughly discredited. Their proposal was first to cure crime, and only after that was done, to abolish prisons. But it turns out that prisons generate, teach, perpetuate and inflame crime; never extirpate it, though they often deter specific persons from continuing a criminal career by either killing them outright, or destroying in them their effective spiritual manhood. Therefore the selfishly enlightened and worldly-wise shake their heads and declare that crime in criminals is ineradicable. If medicine for crime be futile, save as a temporary physical preventive, all that is left to us is to continue it as a preventive, while admitting its impotence as a cure. Protection of society is the paramount consideration.
Yes: but is society protected by prisons? John Jones has been jailed for burglary, it is true; but straightway Tom Brown, Jem Smith and Reginald Montmorency start in as train-robber, murderer and confidence man. We have sown the dragon's tooth, and reap three for one. Lynch your negro, and before the smell of roast flesh is out of the air, several fresh cases of rape are reported.—But there is no visible connection between alleged cause and effect—it just happens so.—Yes, but if it does happen almost invariably, we cannot avoid the suspicion that a connection, even though invisible to the outward eye, there must be.
Moreover, on what grounds does society claim protection against evils for which its own constitution and administration are responsible? The greatest happiness of the greatest number?—Are we so happy, then? The happy man has been sought for long, but the seekers still delay to return. To what end shall we cut the cancer out of the body politic, if it sprout again in a more vital spot? If we could only reach the cancer germ!—But the germ is not found by the knife. There are more criminals than there ever have been heretofore. The jails are over-crowded; we must either build new ones, or transform those we have into castles of refuge to which good people may fly to escape the criminal nations outside; there will be no over-crowding then!