This disease perverts that beautiful and ideal impulse toward mutual
order and self-restraint, which is Law, into lust for arbitrary and
impudent power to control the acts and even the thoughts of men down to
petty personal details; so that human life, at this very moment when it
most needs and aspires to enlightened liberty, is crushed back into
mechanical conformity with statutory regulations to which no common
assent has been or can be obtained, and the logical consequences of which
are as yet but obscurely recognized, even by the limited portion of the
community which has been active in establishing them. To give it its most
favorable interpretation, it is a sort of crazy counsel of perfection,
incompatible with the healthy tenor and contents of human nature, and
sure in the end to involve in its errant tentacles not only those who are
the avowed objects of its pursuit, but likewise the lawmakers and
enforcers themselves. Like all abuses, in its own entrails are the seeds
of its destruction. Laws now on our books, if radically applied, would
land almost every mother's son of us behind prison bars. And no doubt,
when the murderer, forger, swindler, or white slaver, in his cell, begins
to recognize in his new cell mate the judge who sentenced him, the
attorney who prosecuted him, the juryman who convicted him, or the
plaintiff who accused him, we shall find it expedient to subject our
legal nostrums to a system of purgation, and our fever of legalism will
abate. But if we will take thought betimes we may meet the trouble half
way, and thus avert, perhaps, the danger that the fever will be checked
only by the overturning of all law, sane or insane. The following
chapters are designed to help in defeating a catastrophe so unlovely.
Be it observed, first, that the only persons competent to reveal prison
life as it is are persons who have been sentenced to prisons and lived in
them as prisoners. Such showings might have been made long ago and often
but that those who knew the facts were afraid to speak, or could not win
belief, or had not education and capacity for expression requisite to get
their facts printed. Others, exhausted or unmanned by their sufferings,
wished only to hide themselves and forget and be forgotten; others have
indictments still hanging over them, to be pressed should they betray a
disposition to loquacity. Seldom, at any rate, has a man trained as a
writer lived out a prison sentence and emerged with the ability and
determination to throw the prison doors ajar and expose what has hitherto
been invisible, unknown, and unsuspected.
Public-domain text, read in full here on John Shaqi.
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