IV.

There is no reformation in degradation. To mutilate a criminal is to say

to all the world that he is a criminal, and to render his reformation

substantially impossible. Whoever is degraded by society becomes its

enemy. The seeds of malice are sown in his heart, and to the day of his

death he will hate the hand that sowed the seeds.

There is also another side to this question. A punishment that degrades

the punished will degrade the man who inflicts the punishment, and will

degrade the government that procures the infliction. The whipping-post

pollutes, not only the whipped, but the whipper, and not only the

whipper, but the community at large. Wherever its shadow falls it

degrades.

If, then, there is no reforming power in degradation--no deterrent

power--for the reason that the degradation of the criminal degrades

the community, and in this way produces more criminals, then the next

question is, Whether there is any reforming power in torture? The

trouble with this is that it hardens and degrades to the last degree the

ministers of the law. Those who are not affected by the agonies of the

bad will in a little time care nothing for the sufferings of the good.

There seems to be a little of the wild beast in men--a something that

is fascinated by suffering, and that delights in inflicting pain. When

a government tortures, it is in the same state of mind that the criminal

was when he committed his crime. It requires as much malice in those

who execute the law, to torture a criminal, as it did in the criminal to

torture and kill his victim. The one was a crime by a person, the other

by a nation.

There is something in injustice, in cruelty, that tends to defeat

itself. There were never as many traitors in England as when the

traitor was drawn and quartered--when he was tortured in every possible

way--when his limbs, torn and bleeding, were given to the fury of

mobs or exhibited pierced by pikes or hung in chains. These frightful

punishments produced intense hatred of the government, and traitors

continued to increase until they became powerful enough to decide what

treason was and who the traitors were, and to inflict the same torments

on others.

Think for a moment of what man has suffered in the cause of crime. Think

of the millions that have been imprisoned, impoverished and degraded

because they were thieves and forgers, swindlers and cheats. Think for

a moment of what they have endured--of the difficulties under which they

have pursued their calling, and it will be exceedingly hard to believe

that they were sane and natural people possessed of good brains,

of minds well-poised, and that they did what they did from a choice

unaffected by heredity and the countless circumstances that tend to

determine the conduct of human beings.

The other day I was asked these questions: "Has there been as much

heroism displayed for the right as for the wrong? Has virtue had as many

martyrs as vice?"

For hundreds of years the world has endeavored to destroy the good by

force. The expression of honest thought was regarded as the greatest of

crimes. Dungeons were filled by the noblest and the best, and the

blood of the bravest was shed by the sword or consumed by flame. It was

impossible to destroy the longing in the heart of man for liberty and

truth. Is it not possible that brute force and cruelty and revenge,

imprisonment, torture and death are as impotent to do away with vice as

to destroy virtue?

In our country there has been for many years a growing feeling that

convicts should neither be degraded nor tortured. It was provided in the

Constitution of the United States that "cruel and unusual punishments

should not be inflicted." Benjamin Franklin took great interest in

the treatment of prisoners, being a thorough believer in the reforming

influence of justice, having no confidence whatever in punishment for

punishment's sake.

To me it has always been a mystery how the average man, knowing

something of the weakness of human nature, something of the temptations

to which he himself has been exposed--remembering the evil of his

life, the things he would have done had there been opportunity, had

he absolutely known that discovery would be impossible--should have

feelings of hatred toward the imprisoned.

Is it possible that the average man assaults the criminal in a spirit

of self-defence? Does he wish to convince his neighbors that the evil

thought and impulse were never in his mind? Are his words a shield that

he uses to protect himself from suspicion? For my part, I sympathize

sincerely with all failures, with the victims of society, with those who

have fallen, with the imprisoned, with the hopeless, with those who have

been stained by verdicts of guilty, and with those who, in the moment of

passion have destroyed, as with a blow, the future of their lives.

How perilous, after all, is the state of man. It is the work of a life

to build a great and splendid character. It is the work of a moment to

destroy it utterly, from turret to foundation stone. How cruel hypocrisy

is!

Is there any remedy? Can anything be done for the reformation of the

criminal?

He should be treated with kindness. Every right should be given him,

consistent with the safety of society. He should neither be degraded

nor robbed. The State should set the highest and noblest example. The

powerful should never be cruel, and in the breast of the supreme there

should be no desire for revenge.

A man in a moment of want steals the property of another, and he is

sent to the penitentiary--first, as it is claimed, for the purpose of

deterring others; and secondly, of reforming him. The circumstances of

each individual case are rarely inquired into. Investigation stops when

the simple fact of the larceny has been ascertained. No distinctions are

made except as between first and subsequent offences. Nothing is allowed

for surroundings.

All will admit that the industrious must be protected. In this world it

is necessary to work. Labor is the foundation of all prosperity. Larceny

is the enemy of industry. Society has the right to protect itself.

The question is, Has it the right to punish?--has it the right to

degrade?--or should it endeavor to reform the convict?

A man is taken to the penitentiary. He is clad in the garments of

a convict. He is degraded--he loses his name--he is designated by a

number. He is no longer treated as a human being--he becomes the slave

of the State. Nothing is done for his improvement--nothing for his

reformation. He is driven like a beast of burden; robbed of his labor;

leased, it may be, by the State to a contractor, who gets out of his

hands, out of his muscles, out of his poor brain, all the toil that he

can. He is not allowed to speak with a fellow-prisoner. At night he

is alone in his cell. The relations that should exist between men are

destroyed. He is a convict. He is no longer worthy to associate even

with his keepers. The jailer is immensely his superior, and the man who

turns the key upon him at night regards himself, in comparison, as a

model of honesty, of virtue and manhood. The convict is pavement on

which those who watch him walk. He remains for the time of his sentence,

and when that expires he goes forth a branded man. He is given money

enough to pay his fare back to the place from whence he came.

What is the condition of this man? Can he get employment? Not if he

honestly states who he is and where he has been. The first thing he does

is to deny his personality, to assume a name. He endeavors by telling

falsehoods to lay the foundation for future good conduct. The average

man does not wish to employ an ex-convict, because the average man has

no confidence in the reforming power of the penitentiary. He believes

that the convict who comes out is worse than the convict who went in.

He knows that in the penitentiary the heart of this man has been

hardened--that he has been subjected to the torture of perpetual

humiliation--that he has been treated like a ferocious beast; and so he

believes that this ex-convict has in his heart hatred for society, that

he feels he has been degraded and robbed. Under these circumstances,

what avenue is opened to the ex-convict? If he changes his name, there

will be some detective, some officer of the law, some meddlesome wretch,

who will betray his secret. He is then discharged. He seeks employment

again, and he must seek it by again telling what is not true. He is

again detected and again discharged. And finally he becomes convinced

that he cannot live as an honest man. He naturally drifts back into the

society of those who have had a like experience; and the result is

that in a little while he again stands in the dock, charged with the

commission of another crime. Again he is sent to the penitentiary--and

this is the end. He feels that his day is done, that the future has only

degradation for him.

The men in the penitentiaries do not work for themselves. Their labor

belongs to others. They have no interest in their toil--no reason for

doing the best they can--and the result is that the product of their

labor is poor. This product comes in competition with the work of

mechanics, honest men, who have families to support, and the cry is that

convict labor takes the bread from the mouths of virtuous people.

The Works of Robert G. Ingersoll, Vol. 11 (of 12) Dresden Edition—Miscellany · 第 75 / 179 题