Part 8
Mr. Hugh C. Weir, in THE MENACE OF THE POLICE, cites the case of Jim Flaherty, a criminal by passion, who, instead of being saved by society, is turned into a drunkard and a recidivist, with a ruined and poverty-stricken family as the result.
A more pathetic type is Archie, the victim in Brand Whitlock's novel, THE TURN OF THE BALANCE, the greatest American expose of crime in the making. Archie, even more than Flaherty, was driven to crime and death by the cruel inhumanity of his surroundings, and by the unscrupulous hounding of the machinery of the law. Archie and Flaherty are but the types of many thousands, demonstrating how the legal aspects of crime, and the methods of dealing with it, help to create the disease which is undermining our entire social life.
"The insane criminal really can no more be considered a criminal than a child, since he is mentally in the same condition as an infant or an animal."[3]
The law already recognizes that, but only in rare cases of a very flagrant nature, or when the culprit's wealth permits the luxury of criminal insanity. It has become quite fashionable to be the victim of paranoia. But on the whole the "sovereignty of justice" still continues to punish criminally insane with the whole severity of its power. Thus Mr. Ellis quotes from Dr. Richter's statistics showing that in Germany, one hundred and six madmen, out of one hundred and forty-four criminal insane, were condemned to severe punishment.
The occasional criminal "represents by far the largest class of our prison population, hence is the greatest menace to social well-being." What is the cause that compels a vast army of the human family to take to crime, to prefer the hideous life within prison walls to the life outside? Certainly that cause must be an iron master, who leaves its victims no avenue of escape, for the most depraved human being loves liberty.
This terrific force is conditioned in our cruel social and economic arrangement. I do not mean to deny the biologic, physiologic, or psychologic factors in creating crime; but there is hardly an advanced criminologist who will not concede that the social and economic influences are the most relentless, the most poisonous germs of crime. Granted even that there are innate criminal tendencies, it is none the less true that these tendencies find rich nutrition in our social environment.
There is close relation, says Havelock Ellis, between crimes against the person and the price of alcohol, between crimes against property and the price of wheat. He quotes Quetelet and Lacassagne, the former looking upon society as the preparer of crime, and the criminals as instruments that execute them. The latter find that "the social environment is the cultivation medium of criminality; that the criminal is the microbe, an element which only becomes important when it finds the medium which causes it to ferment; EVERY SOCIETY HAS THE CRIMINALS IT DESERVES."[4]
The most "prosperous" industrial period makes it impossible for the worker to earn enough to keep up health and vigor. And as prosperity is, at best, an imaginary condition, thousands of people are constantly added to the host of the unemployed. From East to West, from South to North, this vast army tramps in search of work or food, and all they find is the workhouse or the slums. Those who have a spark of self-respect left, prefer open defiance, prefer crime to the emaciated, degraded position of poverty.
Edward Carpenter estimates that five-sixths of indictable crimes consist in some violation of property rights; but that is too low a figure. A thorough investigation would prove that nine crimes out of ten could be traced, directly or indirectly, to our economic and social iniquities, to our system of remorseless exploitation and robbery. There is no criminal so stupid but recognizes this terrible fact, though he may not be able to account for it.
A collection of criminal philosophy, which Havelock Ellis, Lombroso, and other eminent men have compiled, shows that the criminal feels only too keenly that it is society that drives him to crime. A Milanese thief said to Lombroso: "I do not rob, I merely take from the rich their superfluities; besides, do not advocates and merchants rob?" A murderer wrote: "Knowing that three-fourths of the social virtues are cowardly vices, I thought an open assault on a rich man would be less ignoble than the cautious combination of fraud." Another wrote: "I am imprisoned for stealing a half dozen eggs. Ministers who rob millions are honored. Poor Italy!" An educated convict said to Mr. Davitt: "The laws of society are framed for the purpose of securing the wealth of the world to power and calculation, thereby depriving the larger portion of mankind of its rights and chances. Why should they punish me for taking by somewhat similar means from those who have taken more than they had a right to?" The same man added: "Religion robs the soul of its independence; patriotism is the stupid worship of the world for which the well-being and the peace of the inhabitants were sacrificed by those who profit by it, while the laws of the land, in restraining natural desires, were waging war on the manifest spirit of the law of our beings. Compared with this," he concluded, "thieving is an honorable pursuit."[5]
Verily, there is greater truth in this philosophy than in all the law-and-moral books of society.
The economic, political, moral, and physical factors being the microbes of crime, how does society meet the situation?
The methods of coping with crime have no doubt undergone several changes, but mainly in a theoretic sense. In practice, society has retained the primitive motive in dealing with the offender; that is, revenge. It has also adopted the theologic idea; namely, punishment; while the legal and "civilized" methods consist of deterrence or terror, and reform. We shall presently see that all four modes have failed utterly, and that we are today no nearer a solution than in the dark ages.
The natural impulse of the primitive man to strike back, to avenge a wrong, is out of date. Instead, the civilized man, stripped of courage and daring, has delegated to an organized machinery the duty of avenging his wrongs, in the foolish belief that the State is justified in doing what he no longer has the manhood or consistency to do. The majesty-of-the-law is a reasoning thing; it would not stoop to primitive instincts. Its mission is of a "higher" nature. True, it is still steeped in the theologic muddle, which proclaims punishment as a means of purification, or the vicarious atonement of sin. But legally and socially the statute exercises punishment, not merely as an infliction of pain upon the offender, but also for its terrifying effect upon others.
What is the real basis of punishment, however? The notion of a free will, the idea that man is at all times a free agent for good or evil; if he chooses the latter, he must be made to pay the price. Although this theory has long been exploded, and thrown upon the dustheap, it continues to be applied daily by the entire machinery of government, turning it into the most cruel and brutal tormentor of human life. The only reason for its continuance is the still more cruel notion that the greater the terror punishment spreads, the more certain its preventative effect.
Society is using the most drastic methods in dealing with the social offender. Why do they not deter? Although in America a man is supposed to be considered innocent until proven guilty, the instruments of law, the police, carry on a reign of terror, making indiscriminate arrests, beating, clubbing, bullying people, using the barbarous method of the "third degree," subjecting their unfortunate victims to the foul air of the station house, and the still fouler language of its guardians. Yet crimes are rapidly multiplying, and society is paying the price. On the other hand, it is an open secret that when the unfortunate citizen has been given the full "mercy" of the law, and for the sake of safety is hidden in the worst of hells, his real Calvary begins. Robbed of his rights as a human being, degraded to a mere automaton without will or feeling, dependent entirely upon the mercy of brutal keepers, he daily goes through a process of dehumanization, compared with which savage revenge was mere child's play.
There is not a single penal institution or reformatory in the United States where men are not tortured "to be made good," by means of the blackjack, the club, the straightjacket, the water-cure, the "humming bird" (an electrical contrivance run along the human body), the solitary, the bullring, and starvation diet. In these institutions his will is broken, his soul degraded, his spirit subdued by the deadly monotony and routine of prison life. In Ohio, Illinois, Pennsylvania, Missouri, and in the South, these horrors have become so flagrant as to reach the outside world, while in most other prisons the same Christian methods still prevail. But prison walls rarely allow the agonized shrieks of the victims to escape--prison walls are thick, they dull the sound. Society might with greater immunity abolish all prisons at once, than to hope for protection from these twentieth century chambers of horrors.
Year after year the gates of prison hells return to the world an emaciated, deformed, willless, ship-wrecked crew of humanity, with the Cain mark on their foreheads, their hopes crushed, all their natural inclinations thwarted. With nothing but hunger and inhumanity to greet them, these victims soon sink back into crime as the only possibility of existence. It is not at all an unusual thing to find men and women who have spent half their lives--nay, almost their entire existence--in prison. I know a woman on Blackwell's Island, who had been in and out thirty-eight times; and through a friend I learn that a young boy of seventeen, whom he had nursed and cared for in the Pittsburg penitentiary, had never known the meaning of liberty. From the reformatory to the penitentiary had been the path of this boy's life, until, broken in body, he died a victim of social revenge. These personal experiences are substantiated by extensive data giving overwhelming proof of the utter futility of prisons as a means of deterrence or reform.
Well-meaning persons are now working for a new departure in the prison question,--reclamation, to restore once more to the prisoner the possibility of becoming a human being. Commendable as this is, I fear it is impossible to hope for good results from pouring good wine into a musty bottle. Nothing short of a complete reconstruction of society will deliver mankind from the cancer of crime. Still, if the dull edge of our social conscience would be sharpened, the penal institutions might be given a new coat of varnish. But the first step to be taken is the renovation of the social consciousness, which is in a rather dilapidated condition. It is sadly in need to be awakened to the fact that crime is a question of degree, that we all have the rudiments of crime in us, more or less, according to our mental, physical, and social environment; and that the individual criminal is merely a reflex of the tendencies of the aggregate.
With the social consciousness awakened, the average individual may learn to refuse the "honor" of being the bloodhound of the law. He may cease to persecute, despise, and mistrust the social offender, and give him a chance to live and breathe among his fellows. Institutions are, of course, harder to reach. They are cold, impenetrable, and cruel; still, with the social consciousness quickened, it might be possible to free the prison victims from the brutality of prison officials, guards, and keepers. Public opinion is a powerful weapon; keepers of human prey, even, are afraid of it. They may be taught a little humanity, especially if they realize that their jobs depend upon it.
But the most important step is to demand for the prisoner the right to work while in prison, with some monetary recompense that would enable him to lay aside a little for the day of his release, the beginning of a new life.
It is almost ridiculous to hope much from present society when we consider that workingmen, wage slaves themselves, object to convict labor. I shall not go into the cruelty of this objection, but merely consider the impracticability of it. To begin with, the opposition so far raised by organized labor has been directed against windmills. Prisoners have always worked; only the State has been their exploiter, even as the individual employer has been the robber of organized labor. The States have either set the convicts to work for the government, or they have farmed convict labor to private individuals. Twenty-nine of the States pursue the latter plan. The Federal government and seventeen States have discarded it, as have the leading nations of Europe, since it leads to hideous overworking and abuse of prisoners, and to endless graft.
Rhode Island, the State dominated by Aldrich, offers perhaps the worst example. Under a five-year contract, dated July 7th, 1906, and renewable for five years more at the option of private contractors, the labor of the inmates of the Rhode Island Penitentiary and the Providence County Jail is sold to the Reliance-Sterling Mfg. Co. at the rate of a trifle less than 25 cents a day per man. This Company is really a gigantic Prison Labor Trust, for it also leases the convict labor of Connecticut, Michigan, Indiana, Nebraska, and South Dakota penitentiaries, and the reformatories of New Jersey, Indiana, Illinois, and Wisconsin, eleven establishments in all.
The enormity of the graft under the Rhode Island contract may be estimated from the fact that this same Company pays 62 1/2 cents a day in Nebraska for the convict's labor, and that Tennessee, for example, gets $1.10 a day for a convict's work from the Gray-Dudley Hardware Co.; Missouri gets 70 cents a day from the Star Overall Mfg. Co.; West Virginia 65 cents a day from the Kraft Mfg. Co., and Maryland 55 cents a day from Oppenheim, Oberndorf & Co., shirt manufacturers. The very difference in prices points to enormous graft. For example, the Reliance-Sterling Mfg. Co. manufactures shirts, the cost of free labor being not less than $1.20 per dozen, while it pays Rhode Island thirty cents a dozen. Furthermore, the State charges this Trust no rent for the use of its huge factory, charges nothing for power, heat, light, or even drainage, and exacts no taxes. What graft!
It is estimated that more than twelve million dollars' worth of workingmen's shirts and overalls is produced annually in this country by prison labor. It is a woman's industry, and the first reflection that arises is that an immense amount of free female labor is thus displaced. The second consideration is that male convicts, who should be learning trades that would give them some chance of being self-supporting after their release, are kept at this work at which they can not possibly make a dollar. This is the more serious when we consider that much of this labor is done in reformatories, which so loudly profess to be training their inmates to become useful citizens.
The third, and most important, consideration is that the enormous profits thus wrung from convict labor are a constant incentive to the contractors to exact from their unhappy victims tasks altogether beyond their strength, and to punish them cruelly when their work does not come up to the excessive demands made.
Another word on the condemnation of convicts to tasks at which they cannot hope to make a living after release. Indiana, for example, is a State that has made a great splurge over being in the front rank of modern penological improvements. Yet, according to the report rendered in 1908 by the training school of its "reformatory," 135 were engaged in the manufacture of chains, 207 in that of shirts, and 255 in the foundry--a total of 597 in three occupations. But at this so-called reformatory 59 occupations were represented by the inmates, 39 of which were connected with country pursuits. Indiana, like other States, professes to be training the inmates of her reformatory to occupations by which they will be able to make their living when released. She actually sets them to work making chains, shirts, and brooms, the latter for the benefit of the Louisville Fancy Grocery Co. Broom making is a trade largely monopolized by the blind, shirt making is done by women, and there is only one free chain factory in the State, and at that a released convict can not hope to get employment. The whole thing is a cruel farce.
If, then, the States can be instrumental in robbing their helpless victims of such tremendous profits, is it not high time for organized labor to stop its idle howl, and to insist on decent remuneration for the convict, even as labor organizations claim for themselves? In that way workingmen would kill the germ which makes of the prisoner an enemy to the interests of labor. I have said elsewhere that thousands of convicts, incompetent and without a trade, without means of subsistence, are yearly turned back into the social fold. These men and women must live, for even an ex-convict has needs. Prison life has made them anti-social beings, and the rigidly closed doors that meet them on their release are not likely to decrease their bitterness. The inevitable result is that they form a favorable nucleus out of which scabs, blacklegs, detectives, and policemen are drawn, only too willing to do the master's bidding. Thus organized labor, by its foolish opposition to work in prison, defeats its own ends. It helps to create poisonous fumes that stifle every attempt for economic betterment. If the workingman wants to avoid these effects, he should INSIST on the right of the convict to work, he should meet him as a brother, take him into his organization, and WITH HIS AID TURN AGAINST THE SYSTEM WHICH GRINDS THEM BOTH.
Last, but not least, is the growing realization of the barbarity and the inadequacy of the definite sentence. Those who believe in, and earnestly aim at, a change are fast coming to the conclusion that man must be given an opportunity to make good. And how is he to do it with ten, fifteen, or twenty years' imprisonment before him? The hope of liberty and of opportunity is the only incentive to life, especially the prisoner's life. Society has sinned so long against him--it ought at least to leave him that. I am not very sanguine that it will, or that any real change in that direction can take place until the conditions that breed both the prisoner and the jailer will be forever abolished.
Out of his mouth a red, red rose! Out of his heart a white! For who can say by what strange way Christ brings his will to light, Since the barren staff the pilgrim bore Bloomed in the great Pope's sight.
[1] CRIME AND CRIMINALS. W. C. Owen.
[2] THE CRIMINAL, Havelock Ellis.
[3] THE CRIMINAL.
[4] THE CRIMINAL.
[5] THE CRIMINAL.
PATRIOTISM: A MENACE TO LIBERTY
What is patriotism? Is it love of one's birthplace, the place of childhood's recollections and hopes, dreams and aspirations? Is it the place where, in childlike naivety, we would watch the fleeting clouds, and wonder why we, too, could not run so swiftly? The place where we would count the milliard glittering stars, terror-stricken lest each one "an eye should be," piercing the very depths of our little souls? Is it the place where we would listen to the music of the birds, and long to have wings to fly, even as they, to distant lands? Or the place where we would sit at mother's knee, enraptured by wonderful tales of great deeds and conquests? In short, is it love for the spot, every inch representing dear and precious recollections of a happy, joyous, and playful childhood?
If that were patriotism, few American men of today could be called upon to be patriotic, since the place of play has been turned into factory, mill, and mine, while deafening sounds of machinery have replaced the music of the birds. Nor can we longer hear the tales of great deeds, for the stories our mothers tell today are but those of sorrow, tears, and grief.
What, then, is patriotism? "Patriotism, sir, is the last resort of scoundrels," said Dr. Johnson. Leo Tolstoy, the greatest anti-patriot of our times, defines patriotism as the principle that will justify the training of wholesale murderers; a trade that requires better equipment for the exercise of man-killing than the making of such necessities of life as shoes, clothing, and houses; a trade that guarantees better returns and greater glory than that of the average workingman.
Gustave Herve, another great anti-patriot, justly calls patriotism a superstition--one far more injurious, brutal, and inhumane than religion. The superstition of religion originated in man's inability to explain natural phenomena. That is, when primitive man heard thunder or saw the lightning, he could not account for either, and therefore concluded that back of them must be a force greater than himself. Similarly he saw a supernatural force in the rain, and in the various other changes in nature. Patriotism, on the other hand, is a superstition artificially created and maintained through a network of lies and falsehoods; a superstition that robs man of his self-respect and dignity, and increases his arrogance and conceit.
Indeed, conceit, arrogance, and egotism are the essentials of patriotism. Let me illustrate. Patriotism assumes that our globe is divided into little spots, each one surrounded by an iron gate. Those who have had the fortune of being born on some particular spot, consider themselves better, nobler, grander, more intelligent than the living beings inhabiting any other spot. It is, therefore, the duty of everyone living on that chosen spot to fight, kill, and die in the attempt to impose his superiority upon all the others.
The inhabitants of the other spots reason in like manner, of course, with the result that, from early infancy, the mind of the child is poisoned with blood-curdling stories about the Germans, the French, the Italians, Russians, etc. When the child has reached manhood, he is thoroughly saturated with the belief that he is chosen by the Lord himself to defend HIS country against the attack or invasion of any foreigner. It is for that purpose that we are clamoring for a greater army and navy, more battleships and ammunition. It is for that purpose that America has within a short time spent four hundred million dollars. Just think of it--four hundred million dollars taken from the produce of the PEOPLE. For surely it is not the rich who contribute to patriotism. They are cosmopolitans, perfectly at home in every land. We in America know well the truth of this. Are not our rich Americans Frenchmen in France, Germans in Germany, or Englishmen in England? And do they not squander with cosmopolitan grace fortunes coined by American factory children and cotton slaves? Yes, theirs is the patriotism that will make it possible to send messages of condolence to a despot like the Russian Tsar, when any mishap befalls him, as President Roosevelt did in the name of HIS people, when Sergius was punished by the Russian revolutionists.
It is a patriotism that will assist the arch-murderer, Diaz, in destroying thousands of lives in Mexico, or that will even aid in arresting Mexican revolutionists on American soil and keep them incarcerated in American prisons, without the slightest cause or reason.