What shall be done for Criminals, the backward children of society, who

refuse to keep up with the moral or legal advance of mankind? They are a

dangerous class. There are three things which are sometimes confounded:

there is Error, an unintentional violation of a natural law. Sometimes

this comes from abundance of life and energy; sometimes from ignorance,

general or special; sometimes from heedlessness, which is ignorance for

the time. Next there is Crime, the violation of a human statute.

Suppose the statute also represents a law of God; the violation thereof

may be the result of ignorance, or of design, it may come from a bad

heart. Then it becomes a Sin--the wilful violation of a known law of

God. There are many errors which are not crimes; and the best men often

commit them innocently, but not without harm, violating laws of the body

or the soul, which they have not grown up to understand. There have been

many crimes; yes, conscious violations of man's law which were not sins,

but rather a keeping of God's law. There are still a great many sins not

forbidden by any human statute, not considered as crimes. It is no crime

to go and fight in a wicked war; nay, it is thought a virtue. It was a

crime in the heroes of the American Revolution to demand the unalienable

rights of man--they were "traitors" who did it; a crime in Jesus to sum

up the "Law and the Prophets," in one word, Love; he was reckoned an

"infidel," guilty of blasphemy against Moses! Now to punish an error as

a crime, a crime as a sin, leads to confusion at the first, and to much

worse than confusion in the end.

But there are crimes which are a violation of the eternal principles of

justice. It is of such, and the men who commit them, that I am now to

speak. What shall be done for the dangerous classes, the criminals?

The first question is, What end shall we aim at in dealing with them?

The means must be suited to accomplish that end. We may desire

vengeance; then the hurt inflicted on the criminal will be proportioned

to the loss or hurt sustained by society. A man has stolen my goods,

injured my person, traduced my good name, sought to take my life. I will

not ask for the motive of his deeds, or the cause of that motive. I will

only consider my own damage, and will make him smart for that. I will

use violence--having an eye for an eye and a tooth for a tooth. I will

deliver him over to the tormentors till my vengeance is satisfied. If he

slew my friend, or sought to slay but lacked the power, as I have the

ability I will kill him! This desire of vengeance, of paying a hurt with

a hurt, has still very much influence on our treatment of criminals. I

fear it is still the chief aim of our penal jurisprudence. When

vengeance is the aim, violence is the most suitable method; jails and

the gallows most appropriate instruments! But is it right to take

vengeance; for me to hurt a man to-day solely because he hurt me

yesterday? If so, the proof of that right must be found in my nature, in

the law of God; a man can make a statute, God only a right. As I study

my nature, I find no such right; reason gives me none; conscience none;

religion quite as little. Doubtless I have a right to defend myself by

all manly means; to protect myself for the future no less than for the

present. In doing that, it may be needful that I should restrain, and

in restraining seize and hold, and in holding incidentally hurt my

opponent. But I cannot see what right I have in cold blood wilfully to

hurt a man because he once hurt me, and does not intend to repeat the

wrong. Do I look to the authority of the greatest Son of man? I find no

allusion to such a right. I find no law of God which allows vengeance.

In his providence I find justice everywhere as beautiful as certain; but

vengeance nowhere. I know this is not the common notion entertained of

God and his providence. I shudder to think at the barbarism which yet

prevails under the guise of Christianity; the vengeance which is sought

for in the name of God!

The aim may be not to revenge a crime, but to prevent it; to deter the

offender from repeating the deed, and others from the beginning thereof.

In all modern legislation the vindictive spirit is slowly yielding to

the design of preventing crime. The method is to inflict certain uniform

and specific penalties for each offence, proportionate to the damage

which the criminal has done; to make the punishment so certain, so

severe, or so infamous, that the offender shall forbear for the future,

and innocent men be deterred from crime. But have we a right to punish a

man for the example's sake? I may give up my life to save a thousand

lives, or one if I will. But society has no right to take it, without my

consent, to save the whole human race! I admit that society has the

right of eminent domain over my property, and may take my land for a

street; may destroy my house to save the town; perhaps seize on my store

of provisions in time of famine. It can render me an equivalent for

those things. I have not the same lien on any portion of the universe as

on my life, my person. To these I have rights which none can alienate

except myself, which no man has given, which all men can never justly

take away. For any injustice wilfully done to me, the human race can

render me no equivalent.

I know society claims the right of eminent domain over person and life

not less than over house and land--to take both for the Commonwealth. I

deny the right--certainly it has never been shown. Hence to me, resting

on the broad ground of natural justice, the law of God, capital

punishment seems wholly inadmissible, homicide with the pomp and

formality of law. It is a relic of the old barbarism--paying hurt for

hurt. No one will contend that it is inflicted for the offender's good.

For the good of others I contend we have no right to inflict it without

the sufferer's consent. To put a criminal to death seems to me as

foolish as for the child to beat the stool it has stumbled over, and as

useless too. I am astonished that nations with the name of Christian

ever on their lips, continue to disgrace themselves by killing men,

formally and in cold blood; to do this with prayers--"Forgive us as we

forgive;" doing it in the name of God! I do not wonder that in the

codes of nations, Hebrew or heathen, far lower than ourselves in

civilization, we should find laws enforcing this punishment; laws too

enacted in the name of God. But it fills me with amazement that worthy

men in these days should go back to such sources for their wisdom;

should walk dry-shod through the Gospels and seek in records of a

barbarous people to justify this atrocious act! Famine, pestilence, war,

are terrible evils, but no one is so dreadful in its effects as the

general prevalence of a great theological idea that is false.

It makes me shudder to recollect that out of the twenty-eight States of

this Union twenty-seven should still continue the gallows as a part of

the furniture of a Christian Government. I hope our own State, dignified

already by so many noble acts, will soon rid herself of the stain. Let

us try the experiment of abolishing this penalty, if we will, for twenty

years, or but ten, and I am confident we shall never return to that

punishment. If a man be incapable of living in society, so ill-born or

ill-bred that you cannot cure or mend him, why, hide him away out of

society. Let him do no harm, but treat him kindly, not like a wolf but a

man. Make him work, to be useful to himself, to society, but do not kill

him. Or if you do, never say again, "Forgive us our trespasses as we

forgive those that trespass against us." What if He should take you at

your word! What would you think of a father who to-morrow should take

the Old Testament for his legal warrant, and bring his son before your

Mayor and Aldermen because he was "stubborn and rebellious, a drunkard

and a glutton," and they should stone him to death in front of the City

Hall! But there is quite as good a warrant in the Old Testament for that

as for hanging a man. The law is referred to Jehovah as its author. How

much better is it to choke the life out of a man behind the prison wall?

Is not society the father of us all, our protector and defender? Hanging

is vengeance; nothing but vengeance. I can readily conceive of that

great Son of man, whom the loyal world so readily adores, performing all

needful human works with manly dignity. Artists once loved to paint the

Saviour in the lowly toil of lowly men, his garments covered with the

dust of common life; his soul sullied by no pollution. But paint him to

your fancy as an executioner; legally killing a man; the halter in his

hands, hanging Judas for high treason! You see the relation which that

punishment bears to Christianity. Yet what was unchristian in Jesus does

not become Christian in the sheriff. We call ourselves Christians; we

often repeat the name, the words of Christ,--but his prayer? oh no--not

that.

There are now in this land, I think, sixteen men under sentence of

death; sixteen men to be hanged till they are dead! Is there not in the

nation skill to heal these men? Perhaps it is so. I have known hearts

which seemed to me cold stones, so hard, so dry. No kindly steel had

alchemy to win a spark from them. Yet their owners went about the

streets and smiled their hollow smiles; the ghastly brother cast his

shadow in the sun, or wrapped his cloak about him in the wintry hour,

and still the world went on though the worst of men remained unhanged.

Perhaps you cannot cure these men!--is there not power enough to keep

them from doing harm; to make them useful? Shame on us that we know no

better than thus to pour out life upon the dust, and then with reeking

hands turn to the poor and weak and say, "Ye shall not kill."

But if the prevention of crime be the design of the punishment, then we

must not only seek to hinder the innocent from vice, but we must reform

the criminal. Do our methods of punishment effect that object? During

the past year we have committed to the various prisons in Massachusetts

five thousand six hundred sixty-nine persons for crime. How many of them

will be reformed and cured by this treatment, and so live honest and

useful lives hereafter? I think very few. The facts show that a great

many criminals are never reformed by their punishment. Thus in France,

taking the average of four years, it seems that twenty-two out of each

hundred criminals were punished oftener than once; in Scotland

thirty-six out of the hundred. Of the seventy-eight received at your

State's prison the last year--seventeen have been sent to that very

prison before. How many of them have been tenants of other institutions

I know not, but as only twenty-three of the seventy-eight are natives of

this State, it is plain that many, under other names, may have been

confined in jail before. Yet of these seventy-eight, ten are less than

twenty years old.[32] Of thirty-five men sent from Boston to the State's

prison in one year, fourteen had been there before. More than half the

inmates of the House of Correction in this city are punished oftener

than once! These facts show that if we aim at the reformation of the

offender we fail most signally. Yet every criminal not reformed lives

mainly at the charge of society; and lives too in the most costly way,

for the articles he steals have seldom the same value to him as to the

lawful owner.

It seems to me that our whole method of punishing crimes is a false one;

that but little good comes of it, or can come. We beat the stool which

we have stumbled over. We punish a man in proportion to the loss or the

fear of society; not in proportion to the offender's state of mind; not

with a careful desire to improve that state of mind. This is wise if

vengeance be the aim; if reformation, it seems sheer folly. I know our

present method is the result of six thousand years' experience of

mankind; I know how easy it is to find fault--how difficult to devise a

better mode. Still the facts are so plain that one with half an eye

cannot fail to see the falseness of the present methods. To remove the

evil, we must remove its cause,--so let us look a little into this

matter, and see from what quarter our criminals proceed.

Here are two classes.

I. There are the foes of society; men that are criminals in soul, born

criminals, who have a bad nature. The cause of their crime therefore is

to be found in their nature itself, in their organization if you will.

All experience shows that some men are born with a depraved

organization, an excess of animal passions, or a deficiency of other

powers to balance them.

II. There are the victims of society; men that become criminals by

circumstances, made criminals, not born; men who become criminals, not

so much from strength of evil in their soul, or excess of evil

propensities in their organization, as from strength of evil in their

circumstances. I do not say that a man's character is wholly determined

by the circumstances in which he is placed, but all experience shows

that circumstances, such as exposure in youth to good men or bad men,

education, intellectual, moral, and religious, or neglect thereof entire

or partial, have a vast influence in forming the character of men,

especially of men not well endowed by nature.

Now the criminals in soul are the most dangerous of men, the born foes

of society. I will not at this moment undertake to go behind their

organization and ask, "How comes it that they are so ill-born?" I stop

now at that fact. The cause of their crime is in their bodily

constitution itself. This is always a small class. There are in New

England perhaps five hundred men born blind or deaf. Apart from the

idiots, I think there are not half so many who by nature and bodily

constitution are incapable of attaining the average morality of the race

at this day; not so many born foes of society as are born blind or deaf.

The criminals from circumstances become what they are by the action of

causes which may be ascertained, guarded against, mitigated, and at last

overcome and removed. These men are born of poor parents, and find it

difficult to satisfy the natural wants of food, clothing, and shelter.

They get little culture, intellectual or moral. The school-house is

open, but the parent does not send the children, he wants their

services, to beg for him, perhaps to steal, it may be to do little

services which lie within their power. Besides, the child must be

ill-clad, and so a mark is set on him. The boy of the perishing classes,

with but common endowments, cannot learn at school as one of the thrifty

or abounding class. Then he receives no stimulus at home; there every

thing discourages his attempts. He cannot share the pleasure and sport

of his youthful fellows. His dress, his uncleanly habits, the result of

misery, forbid all that. So the children of the perishing herd together,

ignorant, ill-fed, and miserably clad. You do not find the sons of this

class in your colleges, in your high schools where all is free for the

people; few even in the grammar schools; few in the churches. Though

born into the nineteenth century after Christ, they grow up almost in

the barbarism of the nineteenth century before him. Children that are

blind and deaf, though born with a superior organization, if left to

themselves become only savages, little more than animals. What are we to

expect of children, born indeed with eyes and ears, but yet shut out

from the culture of the age they live in? In the corruption of a city,

in the midst of its intenser life, what wonder that they associate with

crime, that the moral instinct, baffled and cheated of its due, becomes

so powerless in the boy or girl; what wonder that reason never gets

developed there, nor conscience, nor that blessed religious sense learns

ever to assert its power? Think of the temptations that beset the boy;

those yet more revolting which address the other sex. Opportunities for

crime continually offer. Want impels, desire leagues with opportunity,

and the result we know. Add to all this the curse that creates so much

disease, poverty, wretchedness, and so perpetually begets crime; I mean

intemperance! That is almost the only pleasure of the perishing class.

What recognized amusement have they but this, of drinking themselves

drunk? Do you wonder at this? with no air, nor light, nor water, with

scanty food and a miserable dress, with no culture, living in a cellar

or a garret, crowded, stifling, and offensive even to the rudest sense,

do you wonder that man or woman seeks a brief vacation of misery in the

dram-shop and in its drunkenness? I wonder not. Under such circumstances

how many of you would have done better? To suffer continually from lack

of what is needful for the natural bodily wants of food, of shelter, of

warmth, that suffering is misery. It is not too much to say, there are

always in this city thousands of persons who smart under that misery.

They are indeed a perishing class.

Almost all our criminals, victims and foes, come from this portion of

society. Most of those born with an organization that is predisposed to

crime are born there. The laws of nature are unavoidably violated from

generation to generation. Unnatural results must follow. The misfortunes

of the father are visited on his miserable child. Cows and sheep

degenerate when the demands of nature are not met, and men degenerate

not less. Only the low, animal instincts, those of self-defence and

self-perpetuation get developed; these with preternatural force. The

animal man wakes, becomes brutish, while the spiritual element sleeps

within him. Unavoidably then the perishing is mother of the dangerous

class.

I deny not that a portion of criminals come from other sources, but at

least nine tenths thereof proceed from this quarter. Of two hundred and

seventy-three thousand, eight hundred and eighteen criminals punished in

France from 1825 to 1839, more than half were wholly unable even to

read, and had been brought up subject to no family affections. Out of

seventy criminals in one prison at Glasgow who were under eighteen,

fifty were orphans having lost one or both parents, and nearly all the

rest had parents of bad character and reputation. Taking all the

criminals in England and Wales in 1841, there were not eight in a

hundred that could read and write well. In our country, where everybody

gets a mouthful of education, though scarce any one a full meal, the

result is a little different. Thus of the seven hundred and ninety

prisoners in the Mount Pleasant State's Prison in New York, one hundred

it is said could read and understand. Yet of all our criminals only a

very small proportion have been in a condition to obtain the average

intellectual and moral culture of our times.

Our present mode of treating criminals does no good to this class of

men, these victims of circumstances. I do not know that their

improvement is even contemplated. We do not ask what causes made this

man a criminal, and then set ourselves to remove those causes. We look

only at the crime; so we punish practically a man because he had a

wicked father; because his education was neglected, and he exposed to

the baneful influence of unholy men. In the main we treat all criminals

alike if guilty of the same offence, though the same act denotes very

different degrees of culpability in the different men, and the same

punishment is attended with quite opposite results. Two men commit

similar crimes, we sentence them both to the State Prison for ten years.

At the expiration of one year let us suppose one man has thoroughly

reformed, and has made strict and solemn resolutions to pursue an honest

and useful life. I do not say such a result is to be expected from such

treatment; still it is possible, and I think has happened, perhaps many

times. We do not discharge the man; we care nothing for his penitence;

nothing for his improvement; we keep him nine years more. That is an

injustice to him; we have robbed him of nine years of time which he

might have converted into life. It is unjust also to society, which

needs the presence and the labor of all that can serve. The man has been

a burden to himself and to us. Suppose at the expiration of his ten

years the other man is not reformed at all; this result, I fear, happens

in the great majority of cases. He is no better for what he has

suffered; we know that he will return to his career of crime, with new

energy and with even malice. Still he is discharged. This is unjust to

him, for he cannot bear the fresh exposure to circumstances which

corrupted him at first, and he will fall lower still. It is unjust to

society, for the property and the persons of all are exposed to his

passions just as much as before. He feels indignant as if he had

suffered a wrong. He says, "Society has taken vengeance on me, when I

was to be pitied more than blamed. Now I will have my turn. They will

not allow me to live by honest toil. I will learn their lesson. I will

plunder their wealth, their roof shall blaze!" He will live at the

expense of society, and in the way least profitable and most costly to

mankind. This idle savage will levy destructive contributions on the

rich, the thrifty, and the industrious. Yes, he will help teach others

the wickedness which himself once, and perhaps unavoidably learned. So

in the very bosom of society there is a horde of marauders waging

perpetual war against mankind.

Do not say my sympathies are with the wicked, not the industrious and

good. It is not so. My sympathies are not confined to one class,

honorable or despised. But it seems to me this whole method of keeping a

criminal a definite time and then discharging him, whether made better

or worse is a mistake. Certainly it is so if we aim at his reformation.

What if a shepherd made it a rule to look one hour for each lost sheep,

and then return with or without the wanderer? What if a smith decreed

that one hour and no more should be spent in shoeing a horse, and so

worked that time on each, though half that time were enough--or sent

home the beast with but three shoes, or two, or one, because the hour

passed by? What if the physicians decreed, that all men sick of some

contagious disease, should spend six weeks in the hospital, then, if the

patient were found well the next day after admission, still kept him the

other forty; or, if not mended at the last day, sent him out sick to the

world? Such a course would be less unjust, less inhuman, only the wrong

is more obvious.

To aggravate the matter still more, we have made the punishment more

infamous than the crime. A man may commit great crimes which indicate

deep depravity; may escape the legal punishment thereof by gold, by

flight, by further crimes, and yet hold up his head unblushing and

unrepentant amongst mankind. Let him commit a small crime, which shall

involve no moral guilt, and be legally punished--who respects him again?

What years of noble life are deemed enough to wipe the stain out of his

reputation? Nay, his children after him, to the third generation, must

bear the curse!

The evil does not stop with the infamy. A guilty man has served out his

time. He is thoroughly resolved on industry and a moral life. Perhaps he

has not learned that crime is wrong, but found it unprofitable. He will

live away from the circumstances which before led him to crime. He comes

out of prison, and the jail-mark is on him. He now suffers the severest

part of his punishment. Friends and relations shun him. He is doomed and

solitary in the midst of the crowd. Honest men will seldom employ him.

The thriving class look on him with shuddering pity; the abounding

loathe the convict's touch. He is driven among the dangerous and the

perishing; they open their arms and offer him their destructive

sympathy. They minister to his wants; they exaggerate his wrongs; they

nourish his indignation. His direction is no longer in his own hands.

His good resolutions--he knows they were good, but only impossible. He

looks back, and sees nothing but crime and the vengeance society takes

for the crime. He looks around, and the world seems thrusting at him

from all quarters. He looks forward, and what prospect is there? "Hope

never comes that comes to all." He must plunge afresh into that miry

pit, which at last is sure to swallow him up. He plunges anew, and the

jail awaits him; again; deeper yet; the gallows alone can swing him

clear from that pestilent ditch. But he is a man and a brother, our

companion in weakness. With his education, exposure, temptation, outward

and from within, how much better would the best of you become?

Speeches, Addresses, and Occasional Sermons, Volume 1 (of 3) · 第 17 / 24 段