I am satisfied that the discipline of the average prison hardens and degrades. It is for the most part a perpetual exhibition of arbitrary power. There is really no appeal. The cries of the convict are not heard beyond the walls. The protests die in cells, and the poor prisoner feels that the last tie between him and his fellow-men has been broken. He is kept in ignorance of the outer world. The prison is a cemetery, and his cell is a grave.
In many of the penitentiaries there are instruments of torture, and now and then a convict is murdered. Inspections and investigations go for naught, because the testimony of a convict goes for naught. He is generally prevented by fear from telling his wrongs; but if he speaks, he is not believed—he is regarded as less than a human being, and so the imprisoned remain without remedy. When the visitors are gone, the convict who has spoken is prevented from speaking again.
Every manly feeling, every effort toward real reformation, is trampled under foot, so that when the convict's time is out there is little left on which to build. He has been humiliated to the last degree, and his spirit has so long been bent by authority and fear that even the desire to stand erect has almost faded from the mind. The keepers feel that they are safe, because no matter what they do, the convict when released will not tell the story of his wrongs, for if he conceals his shame, he must also hide their guilt.
Every penitentiary should be a real reformatory. That should be the principal object for the establishment of the prison. The men in charge should be of the kindest and noblest. They should be filled with divine enthusiasm for humanity, and every means should be taken to convince the prisoner that his good is sought—that nothing is done for revenge—nothing for a display of power, and nothing for the gratification of malice. He should feel that the warden is his unselfish friend. When a convict is charged with a violation of the rules—with insubordination, or with any offence, there should be an investigation in due and proper form, giving the convict an opportunity to be heard. He should not be for one moment the victim of irresponsible power. He would then feel that he had some rights, and that some little of the human remained in him still. They should be taught things of value—instructed by competent men. Pains should be taken, not to punish, not to degrade, but to benefit and ennoble.
We know, if we know anything, that men in the penitentiaries are not altogether bad, and that many out are not altogether good; and we feel that in the brain and heart of all, there are the seeds of good and bad. We know, too, that the best are liable to fall, and it may be that the worst, under certain conditions, may be capable of grand and heroic deeds. Of one thing we may be assured—and that is, that criminals will never be reformed by being robbed, humiliated and degraded.
Ignorance, filth, and poverty are the missionaries of crime. As long as dishonorable success outranks honest effort—as long as society bows and cringes before the great thieves, there will be little ones enough to fill the jails.
XI.
All the penalties, all the punishments, are inflicted under a belief that man can do right under all circumstances—that his conduct is absolutely under his control, and that his will is a pilot that can, in spite of winds and tides, reach any port desired. All this is, in my judgment, a mistake. It is a denial of the integrity of nature. It is based upon the supernatural and miraculous, and as long as this mistake remains the corner-stone of criminal jurisprudence, reformation will be impossible.
We must take into consideration the nature of man—the facts of mind—the power of temptation—the limitations of the intellect—the force of habit—the result of heredity—the power of passion—the domination of want—the diseases of the brain—the tyranny of appetite—the cruelty of conditions—the results of association—the effects of poverty and wealth, of helplessness and power.
Until these subtle things are understood—until we know that man, in spite of all, can certainly pursue the highway of the right, society should not impoverish and degrade, should not chain and kill those who, after all, may be the helpless victims of unknown causes that are deaf and blind.