Chapter 6

As the criminal staggers beneath the accumulated weight of his sin and its penalty, he should feel that the state is not only just in the language of its law, but merciful in its administration; that the government is, in truth, paternal. This feeling inspires confidence and hope; and without these there can be no reformation. And, following this thought, we are led to say, it is a sad and mischievous public delusion that the pardoning power is useless or pernicious. It is a _delusion_; for it is the only means by which the state mingles mercy with its justice,--the means by which the better sentiments of the prison are marshalled in favor of order, of law, of progress. It is a _public delusion_; for it has infected not only the masses of society, who know little of what is going on in courts and prisons, but its influence is observed upon the bench and in the bar, especially among those who are accustomed to prosecute and try criminals. This is not strange, nor shall it be a subject of complaint; but we must not always look upon the prisoner as a criminal, and continually disregard his claims as a man. It is not often easy, nor always possible, to make the proper distinction between the _character_ and _condition_ of the prisoner. But the prison, strange as it may seem, follows the general law of life. It has its public sentiment, its classes, its leading minds, as well as the university or the state; it has its men of mark, either good or bad, as well as congress or parliament. As the family, the church, or the school, is the reflection of the best face of society, so the prison is the reflection of the worst face of society. But it nevertheless is society, and follows its laws with as much fidelity as the world at large.

It is said that Abbé Fissiaux, the head of the colony of Marseilles, when visiting Mettray, a kind of reform school, at which boys under sixteen years of age, who have committed offences without discernment, are sent, asked the colonists to point out to him the three best boys. The looks of the whole body immediately designated three young persons whose conduct had been irreproachable to an exceptional degree. He then applied a more delicate test. "Point out to me," said he, "the worst boy." All the children remained motionless, and made no sign; but one little urchin came forward, with a pitiful air, and said, in a very low tone, "_It is me._" Such were the public sentiment and sense of honor, even in a reform school. This frankness in the lad was followed by reformation; and he became in after years a good soldier,--the life anticipated for many members of the institution.

The pardoning power is not needed in reform and industrial schools, where the managers have discretionary authority; but it is quite essential to the discipline of the prison to let the light of hope into the prisoner's heart. Not that all are to enjoy the benefits of executive clemency,--by no means: only the most worthy and promising are to be thus favored. But, for many years, the Massachusetts prison has been improved and elevated in its tone and sentiment above what it would have been; while, as it is believed, over ninety per cent. of the convicts thus discharged have conducted themselves well. If the prisoner's conduct has not been, upon the whole, reasonably good, and for a long time irreproachable, he has no chance for clemency; and, whatever may be his conduct, and whatever may be the hopes inspired, he should not be allowed to pass without the prison walls until a friend, labor, and a home, are secured for him. And the exercise of the pardoning power, if it anticipate the expiration of the legal sentence but a month, a week, or a day even, may change the whole subsequent life. Men, criminals, convicts, are not insensible to kindness; and when the government shortens the legal sentence, which is usually their measure of justice, they feel an additional obligation to so behave as to bring no discredit upon a power which has been a source of inestimable joy to them. And prisoners thus discharged have often gone forth with a feeling that the hopes of many whom they had left behind were centred in them.

Mr. Charles Forster, of Charlestown, says, in a letter to me: "I have been connected with the Massachusetts State Prison for a period of thirty-eight years, and have always felt a strong interest in the improvement, welfare, and happiness, of the unfortunate men confined within its walls. I am conversant with many touching cases of deep and heartfelt gratitude for kindly acts and sympathy bestowed upon them, both during and subsequent to their imprisonment." And the same gentleman says further, "I think that the proportion of persons discharged from prison by executive clemency, who have subsequently been convicted of penal offences, is very small indeed." To some, whose imaginations have pictured a broad waste or deep gulf between themselves and the prisoner class, these may seem strange words; but there is no mystery in this language to those who have listened to individual cases of crime and punishment. Men are tried and convicted of crimes according to rules and definitions which are necessarily arbitrary and technical; but the moral character of criminals is not very well defined by the rules and definitions which have been applied to their respective cases. Our prisons contain men who are great and professional criminals,--men who advisedly follow a life of crime themselves, and deliberately educate generation after generation to a career of infamy and vice. As a general thing, mercy to such men would be unpardonable folly. Of them I do not now speak. But there is another class, who are involved in guilt and its punishment through the defects of early education, the misfortune of orphanage, accident, sudden temptation, or the influence of evil companionship in youth.

The field from which this class is gathered is an extensive one, and its outer limits are near to every hearthstone. To all these, prison life, unless it is relieved by a hope of restoration to the world at the hand of mercy, is the school of vice, and a certain preparation for a career of crime. As a matter of fact, this class does furnish recruits to supply the places of the hardened villains who annually die, or permanently forsake the abodes of civilized men. What hope can there be for a young man who remains in prison until the last day of his sentence is measured by the sun in his course, and then passes into the world, with the mark of disgrace and the mantle of shame upon him, to the society of the companions by whose influence he first fell? For such a one there can be no hope. And be it always remembered that there are those without the prison walls, as well as many within, who resist every effort to bring the wanderers back to obedience and right. I was present at the prison in Charlestown when the model of a bank-lock was taken from a young man whose term had nearly expired. The model was cut in wood, after a plan drawn upon sand-paper by an experienced criminal, then recently convicted. This old offender was so familiar with the lock, that he was able to reproduce all its parts from memory alone. This fact shows the influence that may be exerted, even in prison, upon the characters of the young and less vicious. Now, can any doubt that these classes, as classes, ought to be separated? Nor let the question be met by the old statement, that all communication between prisoners should be cut off. Humanity cannot defend, as a permanent system, the plan which shuts up the criminal, unless he is a murderer, from the light of the human countenance. Such penalties foster crimes, whose roots take hold of the state itself.

The result of the exercise of the pardoning power is believed to have been, upon the whole, satisfactory. This is the concurrent testimony of officers and others whose opinions are entitled to weight. Permit the statement of a single case, to which many similar ones might be added. In a remote state of the West there is a respectable and successful farmer, who was once sentenced to the penitentiary for life. His crime was committed in a moment of desperation, produced by the contrast between a state of abject poverty in a strange land, at the age of twenty-three, and the recollection of childhood and youth passed beneath the parental roof, surrounded by the comforts and conveniences of the well-educated and well-conditioned classes of English society. This, it is true, was a peculiar case. It was marked in the circumstances and enormity of the crime, and marked in the subsequent good conduct of the prisoner. But can any one object, that, after ten years' imprisonment, this man was allowed to try his fortunes once more among his fellow-men? Are there those who would have had no faith in his uninterrupted good conduct; in the abundant evidence of complete reformation; in the fact that, in prison and poverty and disgrace, he had allied to him friends of name and fortune and Christian virtues, who were ready to aid him in his good resolutions? If any such there be, let them visit the solitary cell of the despairing convict, whose crime is so great that executive clemency fears to approach it. Crime and despair have made the features appalling; all the worst passions of our nature riot together in the temple made for the living God; and the death of the body is almost certainly to be preceded by madness, insanity, and idiocy of the mind. Or, if any think that this person escaped with too light an expiation for so great a crime, let them recall the incident of the youth who was questioned because he looked with fond affection into the babbling face of the running brook, and, apologizing, as it were, in reply said, "O, yes, it is very beautiful, and especially to me, who have seen no water for four years, beside what I have had to drink!"

Nor is it assumed, in all that is said upon this subject, that the laws are severe, or that the judicial administration of them is not characterized by justice and mercy. In the ordinary course of affairs, the pardoning power is not resorted to for the correction of any error or injustice of the courts; but it is the means by which the state tempers its justice with mercy; and, if the penalties for crime were less than they are, the necessity for the exercise of this power would still remain. It assumes that the object of the penal law is reformation; and if this object, in some cases, can be attained by the exercise of the pardoning power, while the rigid execution of the sentence would leave the criminal, as it usually will, still hardened and unrepenting, is it not wise for the state to benefit itself, and save the prisoner, by opening the prison-doors, and inviting the convict to a life of industry and virtue? And let it never be forgotten, though it is the lowest view which can be taken of crime and prisons, that the criminal class is the most expensive class of society. In general, it is a non-producing class, and, whether in prison or out, is a heavy burden upon the public. The mere interest of the money now expended in prisons of approved structure is, for each cell, equal annually to the net income of a laboring man; and professional thieves, when at large, often gather by their art, and expend in profligacy, many thousand dollars a year. And here we see how much wiser it is, in an economical point of view, to save the child, or reform the man, than to allow the adult criminal to go at large, or provide for his safe-keeping at the expense of the state.

Under the influence of the pardoning power, wisely executed, the commonwealth becomes a family, whose law is the law of kindness. It is the paternal element of government applied to a class of people who, by every process of reasoning, would be found least susceptible to its influence. It is the great power of the state, both in the wisdom required for its judicious exercise, and in the beneficial results to which it may lead. Men may desire office for its emoluments in money or fame; they may seek it in a spirit of rivalry, or for personal pride, or for the opportunity it brings to reward friends and punish enemies; but all these are poor and paltry compared with the divine privilege, exercised always in reference to the public welfare, of elevating the prisoner to the companionship of men, and cheering him with words of encouragement on his entrance anew to the duties of life.

Yet think not that the prison is a reformatory institution: far from it. If the prison should be left to the influence of legitimate prison discipline merely, it is doubtful whether the sum of improvement would equal the total of degradation. This may be said of the best prisons of America, of New England. The prison usually contains every class, from the hardened convict, incarcerated for house-breaking, robbery, or murder, to the youth who expiates his first offence, committed under the influence of evil companions, or sudden temptation. The contact of these two persons must be injurious to one of them, without in any degree improving the other. Therefore the prison, considered without reference to the elevating influence of the pardoning power, has but little ability to reform the bad, and yet possesses a sad tendency to debase the comparatively good.

We miss, too, in the prison, another essential element of a reformatory institution. Reformation in individual cases may take place under the most adverse circumstances; but an institution cannot be called reformatory unless its prevailing moral sentiment is actively, vigorously, and always, on the side of progress and virtue. This moral influence must proceed from the officers of the institution; but it should be increased and strengthened by the sympathy and support of the inmates. This can hardly be expected of the prison. The number of adult persons experienced in crime and hardened by its penalties is usually so large, that the moral sentiment of the officers, and the weak resolutions of the small class of prisoners, who, under favorable circumstances, might be saved, are insufficient to give a healthy tone to the whole institution. The prison is a battle-field of vice and virtue, with the advantage of position and numbers on the side of vice. Indeed, there can hardly be a worse place for the young or the inexperienced in crime. This is the testimony of reason and of all experience; yet the public mind is slow to accept the remedy for the evil. It is a privilege to believe that the worst scenes of prison life are not found in the United States. Consider this case, reported in an English journal, _The Ragged-School Magazine_:

"D. F., aged about fourteen. Mother dead several years; father a drunkard, and deserted him about three years ago. Has since lived as he best could,--sometimes going errands, sometimes begging and thieving. Slept in lodging-houses when he had money; but very often walked the streets at night, or lay under arches or door-steps. Has only one brother; he lives by thieving. Does not know where he is; has no other friend that he knows; never learnt to read; was badly off; picked a handkerchief out of a gentleman's pocket, and was caught by a policeman; sent to Giltspur-street Prison; was fed on bread and water; instructed every day by chaplain and schoolmaster; much impressed with what the chaplain said; felt anxious to do better; behaved well in prison; _was well flogged the morning he left; back bruised, but not quite bleeding_; was then turned into the street, ragged, barefooted, friendless, homeless, penniless; walked about the streets till afternoon, when he received a penny from a gentleman to buy a loaf; met, next day, some expert thieves in the Minories; went along with them, and continues in a course of vagrancy and crime."

And what else could have been expected? The government, having sown tares, had no right to gather wheat. Yet, had this boy been provided with a home, either in a family or a reform school, with sufficient labor, and proper moral and intellectual culture, he might have been saved. Of the three thousand persons annually in prison at Newgate, four hundred are less than sixteen years of age; and twenty thousand children and youth under seventeen years of age yearly pass through the prisons of England. "Many of the juvenile prisoners," it is said, "have been frequently in prison, and are very hardened. Some, from nine to eleven, have been in prison repeatedly, and have very little fear of it."

The officers of the Liverpool Borough Jail are united in the opinion that, when a boy comes once, he is almost certain to come again and again, until he is transported. And, of every one hundred young persons discharged from the principal prisons of Paris, seventy-five are in the custody of the law within the next three months. A professed thief said to the Rev. Mr. Clay, of England, "I am convinced of this, having too bitterly experienced it, that communication in a prison has brought thousands to ruin. I speak not of boys only, but of men and women also." And Mr. Hill, Recorder of Birmingham, says of the sentences imposed in his court, "We are compelled to carry into operation an ignorant and vengeful system, which augments to a fearful extent the very evils it was framed to correct." A few years ago, there was a lad in a New England prison whose experience is a pertinent illustration of the evil we are now considering. His father, a resident of a city, died while the boy was in infancy. He, however, soon passed beyond the control of his mother, and at an early age was selected by a brace of thieves, who petted, caressed, and humored him, until he was completely subject to their will. He was then made useful to them in their profession; but at last they were all arrested while engaged in robbing a store,--the boy being within the building, and the men stationed as sentinels without. In this case, the discretion of the court, which distinguished in the sentence between the hardened villains and the youth, was inadequate to the emergency. The child, unfit for the prison, and sure to be contaminated by it, ought to have been sent to a house of reformation, a reform school, or, perhaps better than either, to the custody of a well-regulated, industrious family. Now, in such cases, the distinction which the law, judicially administered, does not make, and cannot make, must be made by the executive in the wise exercise of the pardoning power. But this power, in the nature of things, has its limits; and on one side it is limited to those who have been convicted of crime.

At this point, we may see how faulty, and yet how constantly improving, has been the administration of the criminal law. First, we have the prison without the pardoning power, except in cases of mal-administration of the law,--a receptacle of the bad and good, where the former are not improved, and the latter are hurried rapidly on in the path of degradation and crime. Then we have the prison under the influence of the pardoning power, more or less wisely administered, but, in its best form, able only to arrest and counteract partially the tendencies to evil. Next, from the imperfections of this system an advancing civilization has evoked the Reform School, which gathers in the young criminals and viciously inclined youth, and prepares them, by labor, and culture of the mind and heart, to resist the temptations of life. But this institution seems to wait, though it may not always in reality do so, until the candidate is actually a criminal.

Hence the necessity which calls us to-day to consider the means adopted elsewhere, and the means now to be employed here, to save the young and exposed from the dangers which surround them.

Passing, then, in review, ladies and gentlemen, the thoughts which have been presented, I deduce from them for your assent and support, if so it please you, the following propositions as the basis of what I have yet to say:

I. Government, in the prevention and punishment of crime, should be paternal.

II. The object of punishment should be reformation, and not revenge.

III. The law of reformation in the state, as in the family, is the law of kindness.

IV. As criminals vary in age and in experience as criminals, so should their treatment vary.

V. Prisons and jails are not, in their foundation and management, reformatory institutions, and only become so through influences not necessarily nor ordinarily acting upon them.

VI. As prisons and jails deter from crime through fear only, exert very little moral influence upon the youth of either sex, and fail in many respects and in a majority of cases as reformatory institutions, we ought to avail ourselves of any new agency which promises success.

Influenced, as we may reasonably suppose, by these or kindred sentiments, and aided by the noblest exhibitions of private benevolence, the state has here founded a school for the prevention of crime. As we have everywhere among us schools whose _leading_ object is the development of the intellect, so we now dedicate a school whose _leading_ object is the development of the affections as the basis of the cardinal virtues of life.

The design of this institution is so well expressed by the trustees, that it is a favor to us all for me to read the first chapter of the by-laws, which, by the consent of the Governor and Council, have been established:

"The intention of the state government, and of the benevolent individuals who have contributed to the establishment of this institution, is to secure a _home_ and a _school_ for such girls as may be presented to the magistrates of the state, appointed for that purpose, as vagrants, perversely obstinate, deprived of the control and culture of their natural guardians, or guilty of petty offences, and exposed to a life of crime and wretchedness.

"For such young persons it is proposed to provide, not a prison for their restraint and correction, but a family school, where, under the firm but kind discipline of a judicious home, they shall be carefully instructed in all the branches of a good education; their moral affections be developed and cultivated by the example and affectionate care of one who shall hold the relation of a mother to them; be instructed in useful and appropriate forms of female industry; and, in short, be fitted to become virtuous and happy members of society, and to take respectable positions in such relations in life as Providence shall hereafter mark out for them.

"It is to be distinctly understood that the institution is not to be considered a _place of punishment_, or its subjects as criminals. It is to be an inviting refuge, into which the exposed may be gathered to be saved from a course which would inevitably end in penal confinement, irretrievable ruin, or hopeless degradation.

"The inmates are to be considered hopeful and promising subjects of appropriate culture, and to be instructed and watched over with the care and kindness which their peculiar exposures demand, and with the confidence which youth should ever inspire.

"The restraint and the discipline which will be necessary are to be such as would be appropriate in a Christian family or in a small boarding-school; and the 'law of kindness' should be written upon the heart of every officer of the institution. The chief end to be obtained, in all the culture and discipline, is the proper development of the faculties and moral affections of the inmates, however they may have been heretofore neglected or perverted; and to teach them the art, and aid them in securing the power, of self-government."