SOCIETY AND ITS CRIMINALS*
[* Col. Robert G. Ingersoll was greatly interested in
securing for Chiara Cignarale a commutation of the death
sentence to imprisonment for life. In view of the fact that
the great Agnostic has made a close study of capital
punishment, a reporter for the World called upon him a day
or two ago for an interview touching modern reformatory
measures and the punishment of criminals. Speaking
generally on the subject Colonel Ingersoll said:]
I suppose that society—that is to say, a state or a nation—has the right of self-defence. It is impossible to maintain society— that is to say, to protect the rights of individuals in life, in property, in reputation, and in the various pursuits known as trades and professions, without in some way taking care of those who violate these rights. The principal object of all government should be to protect those in the right from those in the wrong. There are a vast number of people who need to be protected who are unable, by reason of the defects in their minds and by the countless circumstances that enter into the question of making a living, to protect themselves. Among the barbarians there was, comparatively speaking, but little difference. A living was made by fishing and hunting. These arts were simple and easily learned. The principal difference in barbarians consisted in physical strength and courage. As a consequence, there were comparatively few failures. Most men were on an equality. Now that we are somewhat civilized, life has become wonderfully complex. There are hundreds of arts, trades, and professions, and in every one of these there is great competition.
Besides all this, something is needed every moment. Civilized man has less credit than the barbarian. There is something by which everything can be paid for, including the smallest services. Everybody demands payment, and he who fails to pay is a failure. Owing to the competition, owing to the complexity of modern life, owing to the thousand things that must be known in order to succeed in any direction, on either side of the great highway that is called Progress, are innumerable wrecks. As a rule, failure in some honest direction, or at least in some useful employment, is the dawn of crime. People who are prosperous, people who by reasonable labor can make a reasonable living, who, having a little leisure can lay in a little for the winter that comes to all, are honest.
As a rule, reasonable prosperity is virtuous. I don't say great prosperity, because it is very hard for the average man to withstand extremes. When people fail under this law, or rather this fact, of the survival of the fittest, they endeavor to do by some illegal way that which they failed to do in accordance with law. Persons driven from the highway take to the fields, and endeavor to reach their end or object in some shorter way, by some quicker path, regardless of its being right or wrong.
I have said this much to show that I regard criminals as unfortunates. Most people regard those who violate the law with hatred. They do not take into consideration the circumstances. They do not believe that man is perpetually acted upon. They throw out of consideration the effect of poverty, of necessity, and above all, of opportunity. For these reasons they regard criminals with feelings of revenge. They wish to see them punished. They want them imprisoned or hanged. They do not think the law has been vindicated unless somebody has been outraged. I look at these things from an entirely different point of view. I regard these people who are in the clutches of the law not only as unfortunates, but, for the most part, as victims. You may call them victims of nature, or of nations, or of governments; it makes no difference, they are victims. Under the same circumstances the very persons who punish them would be punished. But whether the criminal is a victim or not, the honest man, the industrious man, has the right to defend the product of his labor. He who sows and plows should be allowed to reap, and he who endeavors to take from him his harvest is what we call a criminal; and it is the business of society to protect the honest from the dishonest.
Without taking into account whether the man is or is not responsible, still society has the right of self-defence. Whether that right of self-defence goes to the extent of taking life, depends, I imagine, upon the circumstances in which society finds itself placed. A thousand men on a ship form a society. If a few men should enter into a plot for the destruction of the ship, or for turning it over to pirates, or for poisoning and plundering the most of the passengers—if the passengers found this out certainly they would have the right of self-defence. They might not have the means to confine the conspirators with safety. Under such circumstances it might be perfectly proper for them to destroy their lives and to throw their worthless bodies into the sea. But what society has the right to do depends upon the circumstances. Now, in my judgment, society has the right to do two things—to protect itself and to do what it can to reform the individual. Society has no right to take revenge; no right to torture a convict; no right to do wrong because some individual has done wrong. I am opposed to all corporal punishment in penitentiaries. I am opposed to anything that degrades a criminal or leaves upon him an unnecessary stain, or puts upon him any stain that he did not put upon himself.
Most people defend capital punishment on the ground that the man ought to be killed because he has killed another. The only real ground for killing him, even if that be good, is not that he has killed, but that he may kill. What he has done simply gives evidence of what he may do, and to prevent what he may do, instead of to revenge what he has done, should be the reason given.
Now, there is another view. To what extent does it harden the community for the Government to take life? Don't people reason in this way: That man ought to be killed; the Government, under the same circumstances, would kill him, therefore I will kill him? Does not the Government feed the mob spirit—the lynch spirit? Does not the mob follow the example set by the Government? The Government certainly cannot say that it hangs a man for the purpose of reforming him. Its feelings toward that man are only feelings of revenge and hatred. These are the same feelings that animate the lowest and basest mob.
Let me give you an example. In the city of Bloomington, in the State of Illinois, a man confined in the jail, in his efforts to escape, shot and, I believe, killed the jailer. He was pursued, recaptured, brought back and hanged by a mob. The man who put the rope around his neck was then under indictment for an assault to kill and was out on bail, and after the poor wretch was hanged another man climbed the tree and, in a kind of derision, put a piece of cigar between the lips of the dead man. The man who did this had also been indicted for a penitentiary offence and was then out on bail.