The question often arises, why is it there are no more riots and insurrections in this prison. Here are nearly two thousand men huddled up together. They are prisoners, suffering the worst kind of bondage. Why is it they do not make a rush for liberty whenever an opportunity presents itself? Many of them are in for life, and may never again see beyond their prison walls. Why are they so docile? These questions can be easily answered. Many of the men are short-time prisoners, having from one to three years, and cannot afford to get into trouble, as their time is short. Added to this, if the prisoner behaves himself, and obtains a good prison record, he obtains a pardon and restoration to citizenship when three- fourths of his time has expired. If a man is sent for ten years, by good conduct he will be pardoned at the end of seven and a half years. This is a great inducement to good behavior. The reason the life-men cause but little, if any, disturbance in the prison is, that they all have a hope sometime or other of receiving a pardon, and they know very well that, if they do not have a good prison record, they can never obtain a pardon. A custom also prevails at the prison, that has much to do in causing the long-time men to behave themselves, and be obedient to the regulations of the institution. Every Fourth of July and Christmas the governor of the State grants pardons to two long-time men, so there are four chances annually for a man to obtain his freedom. Before the governor will pardon one of these men, he must be satisfied, among other things, that the convict has a goodprison record.
Any one can readily see that this is a great inducement for the prisoner to behave himself. Missouri is the only State, so far as my knowledge extends, that has this custom. It should become, not only a custom, but a law, in every State. It is founded on good sense.
THE PRISONER'S SENTENCE
I believe in capital punishment. When a man falls so low as maliciously, willfully and premeditatedly, to take the life of a human being, he should be hung by the neck until he is dead. Before it is just to impose such a sentence as this upon a human being he should have a fair and impartial trial, which many persons charged with crime do not get. If poor and unable to employ the best legal talent, the court should see that it is furnished. Too often is it the case when a poor man, charged with crime, makes affidavit that he is unable to procure counsel, that some young and inexperienced attorney is selected, in order to give him a start in practice. The consequence of this inexperience is that the man charged with crime has to suffer for his lawyer's inability to secure for him his rights. After the jury has brought in a verdict of guilty he should have the privilege of taking his case to the Supreme Court, and have it reviewed by that tribunal at the expense of the State. No human being should be hung on circumstantial evidence, unsupported by positive testimony. If the judgment below is confirmed, then let the murderer be kept in close confinement in the penitentiary for one year, and, if during that time no new evidence or mitigating circumstances arise let him be hung by the neck until he is dead.
Let the execution take place in the prison, let it be private and witnessed by but few persons, designated by the executive of the State. It is better for the criminal to be hung than to be sent to the penitentiary for life. While serving out a lifetime sentence he suffers ten thousand deaths. Those States where the death penalty is inflicted have the least number of brutal murders, in proportion to their population. The dread of death is a better protection to society than a life of imprisonment. The fiend with murder in his heart thinks "while there is life, hope remains," and if he is sent to the penitentiary for life he may get a pardon after a time. But if heis aware of the fact that if he strikes the fatal blow he must atone for his crime on the gallows, he is more liable to think twice before striking his innocent victim once. There should be no such a thing as a life sentence. No criminal should be sent to the penitentiary for a term longer than fifteen years. The suffering he endures during this long sentence is enough to atone for any crime he may commit aside from a brutal murder, and for this he should be hung. Fifteen years of imprisonment is sufficient to break down almost any constitution. Having spent this length of time behind prison walls a man is a physical wreck, and, having atoned for his crime, let him have the last days of life in the world of freedom. The greatest desire of a life man in our penitentiaries is to die outside of prison walls. No criminal should be sent to the penitentiary for less than five years. After giving him one fourth off for good behavior, he has but little more than three years of actual service. This will give him plenty of time to learn a trade, so that when he goes out of prison he can make a living for himself and for those depending upon him. For crimes that require lighter sentences of imprisonment let jails or reformatories be brought into requisition. In the eyes of the world a jail sentence is not so disgraceful as one in the penitentiary.
The plumage of a jail-bird is not so black as that of a penitentiary bird. The disgrace of being sent to the penitentiary for one year is as great as being sent for five or ten years. Whether he goes for one or five years, for all the future he is set down as an ex-convict. People do not stop to inquire as to the length of his sentence. The main question is: Was he in the penitentiary? If so, he wears the mark of Cain--the stamp of disgrace. Not so, if he simply has been in jail. There are a great many young men, while surrounded by bad company, yield to temptation and commit crime. A dose of jail service will do them as much good as a year in the penitentiary. After they get out they do not feel the disgrace so keenly, and there is some hope for their reformation. Send them to the penitentiary and it will be a miracle if they ever amount to anything in the future. If a jail sentence of a year does not reform a young criminal, or a man of older years, who has committed his first offense, then give a term in the penitentiary for five years for the second offense. It is too true that a sentence to thepenitentiary for a first term is the irretrievable ruin of the young offender. This becomes an obstacle which, during all the future, he cannot surmount. This plan being adopted let everything be done to reform the youthful offender while in jail. It is much easier to carry forward the work of reformation in a jail or reformatory than in a penitentiary.
