Part 4 (2/2)

The State alone, or society organized in a body politic, has this right, and that is to be exercised by due process of law, in which exercise she is, first, in her legislative capacity, to point out clearly, by her enactments, for what a man shall be imprisoned, specify the terms of the imprisoning and the conditions to which the imprisoned shall be subjected; second, in her judicial capacity, a.s.sign the wrong doer his merited doom; and, third, in her executive capacity, to carry out in him the decisions she has made, no individual having a right to interfere with this in any way, except as specially authorized by State enactments.

Hence, the criminal, when standing at the bar and hearing the sentence of the judge, can understand exactly what lawfully and justly awaits him, provided that he demean himself uprightly in his new condition.

Suppose the sentence, in a given case, is this: ”You are to be confined at hard labor in our State Prison for five years.” In this all that can lawfully be inflicted upon the convict is involved. So say the judges themselves. Hence, should any man, or party of men, bring upon him additional infliction during that time, the imprisoned would, just so far, become the sufferer of a wrong, and those making that infliction would be the wrong doers. Let us, then, a.n.a.lyze this sentence and thus ascertain its elements.

Being confined in prison for the term, all admit, involves the idea that he is to enter those walls and not be permitted to pa.s.s out till his time is ended.

As the term, ”hard labor,” is not defined, it must be determined by the common custom of workmen at the same or similar business outside. So say the judges again. To ill.u.s.trate: if ten hours const.i.tute a day's work with these, so with the prisoners,--not twelve or fifteen. Again, if, in bedstead making, turning one hundred posts, in the one case, is required for a day, so in the other, not one hundred and fifty or two hundred.

This laboring day after day, during the specified number of years, const.i.tutes the ”hard labor” in the meaning of the court.

The law a.s.signs no further punishment to the imprisoned, if duly submissive to wholesome prison rules. But, should he be stubborn, refusing to perform his task, or obey the regulations generally, or should he rise in rebellion, of necessity discretion must be left with the officers to use such means, even to taking life, as shall be essential in bringing the delinquent to subordination. These means, however, may be limited by law, as they are to a great degree in our State, and are ever to be used as humanity dictates.

What rights does the State take from the criminal in imprisoning?

She takes from him the right to live and act outside of prison walls, to be a master to himself inside, and to receive his earnings as his own.

These const.i.tute the sum total. As he had used his liberty and the mastery of himself to the public damage, she justly steps in, deprives him of the one and takes upon herself the other, thereby a.s.suming the guardians.h.i.+p over him during the specified time. She takes his earnings as a compensation, so far as they will go, for his damage and expense to community, and as an important element in his punishment. She becomes his guardian for the purpose of so educating him that, on going out, he shall live an upright, harmless life.

What rights remain to the imprisoned?

There is a wide range, a long list of these, which the State does not pretend to cut off or interfere with, such as the right to suitable food, clothing, lodging, ventilation, drainage, care in sickness or infirmity: in a word, to what will tend to corporeal vigor; the right to means for mental, moral and religious culture, or what will tend to the development in him of true manhood. If this is not so, which right is cut off or curtailed? and where is the law that does it?

What duties does the State take upon herself in thus imprisoning?

These are of two cla.s.ses, one relating particularly to herself, and the other to the imprisoned.

Duty to herself is done, 1st, in protecting society from the crimes of the imprisoned, which she does by imprisoning; 2nd, in keeping the criminal diligently at work, thereby obtaining pecuniary compensation, so far as can be, for her trouble and expense on his account; 3d, in using all feasible efforts for rubbing off the rust of sin, was.h.i.+ng away the corruption of iniquity, found in those taken in charge, and making of them true men,--good, industrious, honest, upright citizens.

The latter part is of the highest moment, far exceeding all considerations of mere dollars and cents, drawing as much real manhood as possible from the material put in her hands. If she takes one who is dangerous to society, and works in him an entire reform, she accomplishes a work in comparison with which gold and silver will weigh but little. Making men is the high mission of the prison, and the State can not be regarded as having performed anything like her whole duty, till she has used every feasible means to this great end.

The duty of the State to the prisoner is performed by securing to him what he needs in his corporeal, mental, moral and religious departments.

If she withholds in any of these, so far she becomes delinquent towards the imprisoned, a violator of his rights just as really as he had been a violator of others' rights when in his wild career of sinning.

More than this. In such withholding she becomes chargeable with real cruelty. For she has put the man in a state where he can not supply his own needs, and, if she neglects them, he must suffer. This is surely a grave matter, one which should be looked to with the utmost care;--a place where the State can afford to be highly generous rather than expose herself to a suspicion of such a wrong.

What are the proper means of reform?

Among these will be found, the State guardians.h.i.+p, the labor system, strict discipline, kind treatment, stimulating hope, mental, moral and religious culture.

The State guardians.h.i.+p will tend to form in the convict the habit of duly regarding the rights of others and of looking up, with respect, to wise and beneficent direction; the labor system, that of uniform industry, of profitably employing the time instead of in idle indulgencies; strict discipline, that of cheerful submission to wholesome rules, regardful of the principles of right. Kind treatment will tend to inspire the recipients with confidence in the sincerity of the reform efforts used, trust in the proffered friends.h.i.+p, and an a.s.surance of success in struggles for good. Stimulating hope will rouse the better nature to action and secure confidence in overseers.

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