No better result is to be looked for from such a course. Of the one

thousand five hundred and ninety-two persons in the State's prison of

New York, four hundred have been there more than once. In five years,

from 1841 to 1847, there were punished in the House of Correction in

this city, five thousand seven hundred and forty-eight persons; of these

three thousand one hundred and forty-six received such a sentence

oftener than once. Yes, in five years, three hundred and thirteen were

sent thither, each ten times or more! How many found a place in other

jails I know not.

What if fathers treated dull or vicious boys in this manner at

home--making them infamous for the first offence, or the first dulness,

and then refusing to receive them back again? What if the father sent

out his son with bad boys, and when he erred and fell, said: "You did

mischief with bad boys once; I know they enticed you. I knew you were

feeble and could not resist their seductions. But I shall punish you. Do

as well as you please, I will not forgive you. If you err again, I will

punish you afresh. If you do never so well, you shall be infamous for

ever!" What if a public teacher never took back to college a boy who

once had broke the academic law--but made him infamous for ever? What if

the physicians had kept a patient the requisite time in the hospital,

and discharged him as wholly cured, but bid men beware of him and shun

him for ever? That is just what we are doing with this class of

criminals; not intentionally, not consciously--but doing none the less!

Let us look a moment more carefully, though I have already touched on

this subject, at the proximate causes of crime in this class of men. The

first cause is obvious--poverty. Most of the criminals are from the

lowest ranks of society. If you distribute men into three classes, the

abounding, the thriving, the perishing, you will find the inmates of

your prisons come almost wholly from the latter class. The perishing

fill the sink of society, and the dangerous the sink of the

perishing--for in that "lowest deep there is a lower depth." Of three

thousand one hundred and eighty-eight persons confined in the House of

Correction in this city, one thousand six hundred and fifty-seven were

foreigners; of the five hundred and fifty sent from this city in five

years to the State's Prison, one hundred and eighty-five were

foreigners. Of five hundred and forty-seven females in the Prison on

Blackwell's Island at one time--five hundred and nineteen were committed

for "vagrancy;" women with no capital but their person, with no friend,

no shelter. Examine minutely, you shall find that more than nine tenths

of all criminals come from the perishing class of men. There all

cultivation, intellectual, moral, religious, is at the lowest ebb. They

are a class of barbarians; yes, of savages, living in the midst of

civilization, but not of it. The fact, that most criminals come from

this class, shows that the causes of the crime lie out of them more than

in them; that they are victims of society, not foes. The effect of

property in elevating and moralizing a class of men is seldom

appreciated. Historically the animal man comes before the spiritual.

Animal wants are imperious; they must be supplied. The lower you go in

the social scale, the more is man subordinated to his animal appetites

and demonized by them. Nature aims to preserve the individual and repeat

the species--so all passions relative to these two designs are

preeminently powerful. If a man is born into the intense life of an

American city, and grows up, having no contact with the loftier culture

which naturally belongs to that intense life, why the man becomes mainly

an animal, all the more violent for the atmosphere he breathes in. What

shall restrain him? He has not the normal check of reason, conscience,

religion, these sleep in the man; nor the artificial and conventional

check of honor, of manners. The public opinion which he bows to favors

obscenity, drunkenness, and violence. He is doubly a savage. His wants

cannot be legally satisfied. He breaks the law, the law which covers

property, then goes on to higher crimes.

The next cause is the result of the first--education is neglected,

intellectual, moral, and religious. Now and then a boy in whom the soul

of genius is covered with the beggar's rags, struggles through the

terrible environment of modern poverty to die, the hero of misery, in

the attempt at education! His expiring light only makes visible the

darkness out of which it shone. Boys born into this condition find at

home nothing to aid them, nothing to encourage a love of excellence, or

a taste for even the rudiments of learning. What is unavoidably the lot

of such? The land has been the schoolmaster of the human race--but the

perishing class scarce sees its face. Poverty brings privations, misery,

and that a deranged state of the system; then unnatural appetites goad

and burn the man. The destruction of the poor is their poverty. They see

wealth about them, but have none; so none of what it brings; neither the

cleanliness, nor health, nor self-respect, nor cultivation of mind, and

heart, and soul. I am told that no Quaker has ever been confined in any

jail in New England for any real crime. Are the Quakers better born than

other men? Nay, but they are looked after in childhood. Who ever saw a

Quaker in an almshouse? Not a fiftieth part of the people of New York

are negroes, yet more than a sixth part of all the criminals in her four

State's Prisons are men of color. These facts show plainly the causes of

crime.

It is almost impossible to exaggerate the temptations of the perishing

class in our great cities. In Boston at this moment there are more than

four hundred boys employed about the various bowling-alleys of the

city, exposed to the intemperance, the coarseness, the general

corruption of the men who mainly frequent those places. What will be

their fate? Shall I speak of their sisters; of the education they are

receiving; the end that awaits them? Poverty brings misery with its

family of vices.

A third cause of crime comes with the rest--intemperance, the destroying

angel that lays waste the household of the poor. In our country, misery

in a healthy man is almost proof of vice; but the vice may belong to one

alone, and the misery it brings be shared by the whole family. A large

proportion of the perishing class are intemperate, and a great majority

of all our criminals.

Now, our present method is wholly inadequate to reform men exposed to

such circumstances. You may punish the man, but it does no good. You can

seldom frighten men out of a fever. Can you frighten them from crime,

when they know little of the internal distinction between right and

wrong; when all the circumstances about them impel to crime? Can you

frighten a starving girl into chastity? You cannot keep men from

lewdness, theft and violence, when they have no self-respect, no

culture, no development of mind, heart, and soul. The jail will not take

the place of the church, of the school-house, of home. It will not

remove the causes which are making new criminals. It does not reform

the old ones. Shall we shut men in a jail, and when there treat them

with all manner of violence, crush out the little self-respect yet left,

give them a degrading dress, and send them into the world cursed with an

infamous name, and all that because they were born in the low places of

society and caught the stain thereof? The jail does not alter the

circumstances which occasioned the crime, and till these causes are

removed a fresh crop will spring out of the festering soil. Some men

teach dogs and horses things unnatural to these animals; they use

violence and blows as their instrument of instruction. But to teach man

what is conformable to his nature, something more is required.

To return to the other class, who are born criminals. Bare confinement

in the prison alters no man's constitutional tendencies; it can no more

correct moral or mental weakness or obliquity than it can correct a

deficiency of the organs of sensation. You all know the former treatment

of men born with defective or deranged intellectual faculties--of madmen

and fools. We still pursue the same course towards men born with

defective or deranged moral faculties, idiots and madmen of a more

melancholy class, and with a like result.

I know how easy it is to find fault, and how difficult to propose a

better way; how easy to misunderstand all that I have said, how easy to

misrepresent it all. But it seems to me that hitherto we have set out

wrong in this undertaking; have gone on wrong, and, by the present

means, can never remove the causes of crime nor much improve the

criminals as a class. Let me modestly set down my thoughts on this

subject, in hopes that other men, wiser and more practical, will find

out a way yet better still. A jail, as a mere house of punishment for

offenders, ought to have no place in an enlightened people. It ought to

be a moral hospital where the offender is kept till he is cured. That

his crime is great or little, is comparatively of but small concern. It

is wrong to detain a man against his will after he is cured; wrong to

send him out before he is cured, for he will rob and corrupt society,

and at last miserably perish. We shall find curable cases and incurable.

I would treat the small class of born criminals, the foes of society, as

maniacs. I would not kill them more than madmen; I would not inflict

needless pain on them. I would not try to shame, to whip, or to starve

into virtue men morally insane. I would not torture a man because born

with a defective organization. Since he could not live amongst men, I

would shut him out from society; would make him work for his own good

and the good of society. The thought of punishment for its own sake, or

as a compensation for the evil which a man has done, I would not harbor

for a moment. If a man has done me a wrong, calumniated, insulted,

abused me with all his power, it renders the matter no better that I

turn round and make him smart for it. If he has burned my house over my

head, and I kill him in return, it does not rebuild my house. I cannot

leave him at large to burn other men's houses. He must be restrained.

But if I cure the man perhaps he will rebuild it, at any rate, will be

of some service to the world, and others gain much while I lose nothing.

When the victims of society violated its laws, I would not torture a man

for his misfortune, because his father was poor, his mother a brute;

because his education was neglected. I would shut him out from society

for a time. I would make him work for his own good and the good of

others. The evil he had caught from the world I would overcome by the

good that I would present to him. I would not clothe him with an

infamous dress, crowd him with other men whom society had made infamous,

leaving them to ferment and rot together. I would not set him up as a

show to the public, for his enemy, or his rival, or some miserable fop

to come and stare at with merciless and tormenting eye. I would not load

him with chains, nor tear his flesh with a whip. I would not set

soldiers with loaded gun to keep watch over him, insulting their brother

by mocking and threats. I would treat the man with firmness, but with

justice, with pity, with love. I would teach the man; what his family

could not do for him, what society and the church had failed of, the

jail should do, for the jail should be a manual labor school, not a

dungeon of torture. I would take the most gifted, the most cultivated,

the wisest and most benevolent, yes, the most Christian man in the

State, and set him to train up these poor savages of civilization. The

best man is the natural physician of the wicked. A violent man, angry,

cruel, remorseless, should never enter the jail except as a criminal.

You have already taken one of the greatest, wisest, and best men of this

Commonwealth, and set him to watch over the public education of the

people.[33] True, you give him little money, and no honor; he brings the

honor to you, not asking but giving that. You begin to see the result of

setting such a man to such a work, though unhonored and ill paid. Soon

you will see it more plainly in the increase of temperance, industry,

thrift, of good morals and sound religion! I would set such a man, if I

could find such another, to look after the dangerous classes of society.

I would pay him for it; honor him for it. I would have a Board of Public

Morals to look after this matter of crime, a Secretary of Public Morals,

a Christian Censor, whose business it should be to attend to this class,

to look after the jails and make them houses of refuge, of instruction,

which should do for the perishing class what the school-house and the

church do for others. I would send missionaries amongst the most exposed

portions of mankind as well as amongst the savages of New Holland. I

would send wise men, good men. There are already some such engaged in

this work. I would strengthen their hands. I would make crime infamous.

If there are men whose crime is to be traced not to a defective

organization of body, not to the influence of circumstances, but only to

voluntary and self-conscious wickedness,--I would make these men

infamous. It should be impossible for such a man, a voluntary foe of

mankind, to live in society. I would have the jail such a place that the

friends of a criminal of either class should take him as now they take a

lunatic or a sick man, and bring him to the Court that he might be

healed if curable, or if not might be kept from harm and hid away out of

sight. Crime and sin should be infamous; not its correction, least of

all its cure. I would not loathe and abhor a man who had been corrected

and reformed by the jail more than a boy who had been reformed by his

teacher, or a man cured of lunacy. I would have society a father who

goes out to meet the prodigal while yet a great way off; yes, goes and

brings him away from his riotous living, washes him, clothes him, and

restores him to a right mind. There is a prosecuting attorney for the

State; I would have also a defending attorney for the accused, that

justice might be done all round. Is the State only a step-mother? Then

is she not a Christian Commonwealth but a barbarous despotism, fitly

represented by that uplifted sword on her public seal, and that motto of

barbarous and bloody Latin. I would have the State aid men and direct

them after they have been discharged from the jail, not leave them to

perish; not force them to perish. Society is the natural guardian of the

weak.

I cannot think the method here suggested would be so costly as the

present. It seems to me that institutions of this character might be

made not only to support themselves, but be so managed as to leave a

balance of income considerably beyond the expense. This might be made

use of for the advantage of the criminal when he returned to society; or

with it he might help make restitution of what he had once stolen.

Besides being less costly, it would cure the offender and send back

valuable men into society.

It seems to me that our whole criminal legislation is based on a false

principle--force and not love; that it is eminently well adapted to

revenge, not at all to correct, to teach, to cure. The whole apparatus

for the punishment of offenders, from the gallows down to the House of

Correction, seems to me wrong; wholly wrong, unchristian, and even

inhuman. We teach crime while we punish it. Is it consistent for the

State to take vengeance when I may not? Is it better for the State to

kill a man in cold blood, than for me to kill my brother when in a rage?

I cannot help thinking that the gallows and even the jail, as now

administered, are practical teachers of violence and wrong! I cannot

think it will always be so. Hitherto we have looked on criminals as

voluntary enemies of mankind. We have treated them as wild beasts, not

as dull or loitering boys. We have sought to destroy by death, to

disable by mutilation or imprisonment, to terrify and subdue, not to

convince, to reform, encourage, and bless.

The history of the past is full of prophecy for the future. Not many

years ago we shut up our lunatics in jails, in dungeons, in cages; we

chained the maniac with iron; we gave him a bottle of water and a sack

of straw; we left him in filth, in cold and nakedness. We set strong and

brutal men to watch him. When he cried, when he gnashed his teeth and

tore his hair, we beat him all the more! They do so yet in some places,

for they think a madman is not a brother but a devil. What was the

result? Madness was found incurable. Now lunacy is a disease, to be

prescribed for as fever or rheumatism; when we find an incurable case we

do not kill the man, nor chain him, nor count him a devil. Yet lunacy is

not curable by force, by jails, dungeons, and cages; only by the

medicine of wise men and good men. What if Christ had met one demoniac

with a whip and another with chains!

You know how we once treated criminals! with what scourgings and

mutilations, what brandings, what tortures with fire and red-hot iron!

Death was not punishment enough, it must be protracted amid the most

cruel torments that quivering flesh could bear. The multitude looked on

and learned a lesson of deadly wickedness. A judicial murder was a

holiday! It is but little more than two hundred years since a man was

put to death in the most enlightened country of Europe for eating meat

on Friday; not two hundred since men and women were hanged in

Massachusetts for a crime now reckoned impossible! It is not a hundred

years since two negro slaves were judicially burned alive in this very

city! These facts make us shudder, but hope also. In a hundred years

from this day will not men look on our gallows, jails, and penal law as

we look on the racks, the torture-chambers of the middle ages, and the

bloody code of remorseless inquisitors?

We need only to turn our attention to this subject to find a better way.

We shall soon see that punishment as such is an evil to the criminal,

and so swells the sum of suffering with which society runs over; that it

is an evil also to the community at large by abstracting valuable force

from profitable work, and so a loss.[34] We shall one day remember that

the offender is a man, and so his good also is to be consulted. He may

be a bad man, voluntarily bad if you will. Still we are to be economical

even of his suffering, for the least possible punishment is the best.

Already a good many men think that error is better refuted by truth than

by fagots and axes. How long will it be before we apply good sense and

Christianity to the prevention of crime? One day we must see that a

jail, as it is now conducted, is no more likely to cure a crime than a

lunacy or a fever! Hitherto we have not seen the application of the

great doctrines of Christianity; not felt that all men are brothers. So

our remedies for social evils have been bad almost as the disease;

remedies which remedied nothing, but hid the patient out of sight. All

great criminals have been thought incurable, and then killed. What if

the doctors found a patient sick of a disease which he had foolishly or

wickedly brought upon himself, and then, by the advice of twelve other

doctors, professionally killed him for justice or example's sake? They

would do what all the States in Christendom have done these thousand

years. I cannot see why the Legislature has not as good right to

authorize the medical college thus to kill men, as to authorize the

present forms of destroying life!

We do not look the facts of crime fairly in the face. We do not see what

heathens we are. Why, there is not a Christian nation in the world that

has not a Secretary of War, armies, soldiers, and the terrible apparatus

of destruction. But there is not one that has a Secretary of Peace, not

one that takes half the pains to improve its own criminals which it

takes to build forts and fleets! Yet it seems to me that a Christian

State should be a great peace society, a society for mutual advancement

in the qualities of a man!

Do we not see that by our present course we are teaching men violence,

fraud, deceit, and murder? What is the educational effect of our present

political conduct, of our invasions, our battles, our victories; of the

speeches of "our great men?" You all know that this teaches the poor,

the low, and the weak that murder and robbery are good things when done

on a large scale; that they give wealth, fame, power, and honors. The

ignorant man, ill-born and ill-bred, asks: "Why not when done on a small

scale; why not good for me?" If it is right in the President of the

United States to rob and murder, why not for the President of the United

States Bank? Do famous men say, "Our country however bounded," and vote

to plunder a sister State? then why shall not the poor man, hungry and

cold, say, "My purse however bounded," and seize on all he can get? Give

one a seat in Congress if you will, and the other a noose of hemp, there

is a God before whom seats in Congress and hempen halters are of equal

value, but who does justice to great and little!

* * * * *

To reform the dangerous classes of society, to advance those who loiter

behind our civilization, we need a special work designed directly for

the good of the criminals and such as stand on that perilous ground

which slopes towards crime. Some good men undertook this work long ago.

They found much to do; a good deal to encourage them. Some of them are

well known to you, are laboring here in the midst of us. They need

counsel, encouragement, and aid. We must not look coldly on their

enterprise nor on them. They can tell far better than I what specific

plans are best for their specific work. Already have they accomplished

much in this noble enterprise. The society for aiding discharged

convicts is a prophecy of yet better things. Soon I trust it will extend

its kind offices to all the prisons, and its work be made the affair of

the State. The plan now before your Legislature for a "State Manual

Labor School," designed to reform vicious children, is also full of

promise. The wise and anonymous charity which so beautifully and in

silence has dropped its gold into the chest for these poor outcasts, is

itself its hundred-fold reward. Institutions like that which we

contemplate have been found successful in England, Germany, and France.

They actually reform the juvenile delinquent and bring up useful men,

not hardened criminals.[35] We are beginning to attend to this special

work of removing the causes of crime, and restoring at least the young

offenders.

However, the greater portion of this work is not special and for the

criminal, but general and for society. To change the treatment of

criminals, we must change every thing else. The dangerous class is the

unavoidable result of our present civilization; of our present ideas of

man and social life. To reform and elevate the class of criminals, we

must reform and elevate all other classes. To do that, we must educate

and refine men. We must learn to treat all men as brothers. This is a

great work and one of slow achievement. It cannot be brought about by

legislation, nor any mechanical contrivance and reorganization alone.

There is no remedy for this evil and its kindred but keeping the laws of

God; in one word, none but Christianity, goodness, and piety felt in the

heart, applied in all the works of life, individually, socially, and

politically. While educated and abounding men acknowledge no rule of

conduct but self-interest, what can you expect of the ignorant and the

perishing? While great men say without rebuke that we do not look at

"the natural justice of a war," do you expect men in the lowest places

of society, ignorant and brutish, pinched by want, to look at the

natural justice of theft, of murder? It were a vain expectation. We must

improve all classes to improve one; perhaps the highest first.

Different men acting in the most various directions, without concert,

often jealous one of another, and all partial in their aims, are helping

forward this universal result. While we are contending against slavery,

war, intemperance, or party rage, while we are building up hospitals,

colleges, schools, while we are contending for freedom of conscience, or

teaching abstractly the love of man and love of God, we are all working

for the welfare of this neglected class. The gallows of the barbarian

and the Gospel of Christianity cannot exist together. The times are full

of promise. Mankind slowly fulfils what a man of genius prophesies; God

grants what a good man asks, and when it comes, it is better than what

he prayed for.

FOOTNOTES:

[31] The allusion is to the following passages of Scripture, which were

read as the lesson for the day: Numb. xiv.; 2 Kings, ii. 23-25; and

Luke, xv.

Speeches, Addresses, and Occasional Sermons, Volume 1 (of 3) · 第 18 / 24 段