e 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 constitute 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 assuming the
guardianship 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 classes, 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, washing 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
a
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