THE OPEN ROAD

peace, love & happiness newsletter

May 7, 2020

Robert G. Ingersoll (1833-1899) was a free thinker, orator and essayist. He was a friend of Mark Twain. He gave the eulogy at Walt Whitman’s funeral. Below is an abridged version of an address he gave to the State Bar Association at Albany, N.Y., on January 1st, 1890:

CRIMES AGAINST CRIMINALS

All nations seem to have had supreme confidence in the deterrent power of threatened and inflicted pain. They have regarded punishment as the shortest road to reformation. Imprisonment, torture, death, constituted a trinity under whose protection society might feel secure.

In addition to these, nations have relied on confiscation and degradation, on maimings, whippings, brandings, and exposures to public ridicule and contempt. Connected with the court of justice was the chamber of torture. The ingenuity of man was exhausted in the construction of instruments that would surely reach the most sensitive nerve. All this was done in the interest of civilization—for the protection of virtue, and the well-being of states. Curiously it was found that the penalty of death made little difference. Thieves and highwaymen, heretics and blasphemers, went on their way….

The fact is that, no matter how severe the punishments were, the crimes increased.

For petty offences men were degraded—given to the mercy of the rabble. Their ears were cut off, their nostrils slit, their foreheads branded. They were tied to the tails of carts and flogged from one town to another. And yet, in spite of all, the poor wretches obstinately refused to become good and useful citizens.

Degradation has been thoroughly tried, with its maimings and brandings, and the result was that those who inflicted the punishments became as degraded as their victims.

Only a few years ago there were more than two hundred offences in Great Britain punishable by death. The gallows-tree bore fruit through all the year, and the hangman was the busiest official in the kingdom—but the criminals increased.

Crimes were committed to punish crimes, and crimes were committed to prevent crimes. The world has been filled with prisons and dungeons, with chains and whips, with crosses and gibbets, with thumbscrews and racks, with hangmen and headsmen—and yet these frightful means and instrumentalities and crimes have accomplished little for the preservation of property or life. It is safe to say that governments have committed far more crimes than they have prevented.

Is it not true that the criminal is a natural product, and that society unconsciously produces these children of vice? Can we not safely take another step, and say that the criminal is a victim?…

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 offenses. 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….

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.

Why should the State take without compensation the labor of these men; and why should they, after having been imprisoned for years, be turned out without the means of support? Would it not be far better, far more economical, to pay these men for their labor, to lay aside their earnings from day to day, from month to month, and from year to year—to put this money at interest, so that when the convict is released after five years of imprisonment he will have several hundred dollars of his own—not merely money enough to pay his way back to the place from which he was sent, but enough to make it possible for him to commence business on his own account, enough to keep the wolf of crime from the door of his heart?

Suppose the convict comes out with five hundred dollars. This would be to most of that class a fortune. It would form a breastwork, a fortress, behind which the man could fight temptation. This would give him food and raiment, enable him to go to some other State or country where he could redeem himself. If this were done, thousands of convicts would feel under immense obligation to the Government. They would think of the penitentiary as the place in which they were saved—in which they were redeemed—and they would feel that the verdict of guilty rescued them from the abyss of crime. Under these circumstances, the law would appear beneficent, and the heart of the poor convict, instead of being filled with malice, would overflow with gratitude. He would see the propriety of the course pursued by the Government. He would recognize and feel and experience the benefits of this course, and the result would be good, not only to him, but to the nation as well.

If the convict worked for himself, he would do the best he could, and the wares produced in the penitentiaries would not cheapen the labor of other men….

Those who are the fiercest to destroy and hang their fellow-men for having committed crimes, are, for the most part, at heart, criminals themselves.

As long as nations meet on the fields of war—as long as they sustain the relations of savages to each other—as long as they put the laurel and the oak on the brows of those who kill—just so long will citizens resort to violence, and the quarrels of individuals be settled by dagger and revolver.

If we are to change the conduct of men, we must change their conditions. Extreme poverty and crime go hand in hand. Destitution multiplies temptations and destroys the finer feelings. The bodies and souls of men are apt to be clad in like garments. If the body is covered with rags, the soul is generally in the same condition. Selfrespect is gone—the man looks down—he has neither hope nor courage. He becomes sinister—he envies the prosperous—hates the fortunate, and despises himself.

As long as children are raised in the tenement and gutter, the prisons will be full. The gulf between the rich and poor will grow wider and wider. One will depend on cunning, the other on force. It is a great question whether those who live in luxury can afford to allow others to exist in want. The value of property depends, not on the prosperity of the few, but on the prosperity of a very large majority. Life and property must be secure, or that subtle thing called “value” takes its leave. The poverty of the many is a perpetual menace. If we expect a prosperous and peaceful country, the citizens must have homes. The more homes, the more patriots, the more virtue, and the more security for all that gives worth to life….

The home, after all, is the unit of civilization, of good government; and to secure homes for a great majority of our citizens, would be to lay the foundation of our Government deeper and broader and stronger than that of any nation that has existed among men….

Of one thing we may be assured—and that is, that criminals will never be reformed by being robbed, humiliated and degraded.

Ignorance, filth, and poverty are the missionaries of crime. As long as dishonorable success outranks honest effort—as long as society bows and cringes before the great thieves, there will be little ones enough to fill the jails.

All the penalties, all the punishments, are inflicted under a belief that man can do right under all circumstances—that his conduct is absolutely under his control, and that his will is a pilot that can, in spite of winds and tides, reach any port desired. All this is, in my judgment, a mistake. It is a denial of the integrity of nature. It is based upon the supernatural and miraculous, and as long as this mistake remains the corner-stone of criminal jurisprudence, reformation will be impossible.

We must take into consideration the nature of man—the facts of mind—the power of temptation—the limitations of the intellect—the force of habit—the result of heredity—the power of passion—the domination of want—the diseases of the brain—the tyranny of appetite—the cruelty of conditions—the results of association—the effects of poverty and wealth, of helplessness and power.

Until these subtle things are understood—until we know that man, in spite of all, can certainly pursue the highway of the right, society should not impoverish and degrade, should not chain and kill those who, after all, may be the helpless victims of unknown causes that are deaf and blind….

We do not know. Our ignorance should make us hesitate. Our weakness should make us merciful.

—Robert G. Ingersoll, Address delivered before the State Bar Association at Albany, N. Y.,

January 1, 1890

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Ingersoll’s talk reminds me of these words of the Buddha:

In this world

Hate never yet dispelled hate.

Only love dispels hate.

This is the law,

Ancient and inexhaustible.

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For the full speech, and all the writings and speeches of Ingersoll, click this link:

https://www.gutenberg.org/files/38813/38813-h/38813-h.htm#Klink0005

—Johnny Stallings