The Complete Essays of Charles Dudley Warner Part 17

From all that can be gathered in the records, the ma.s.s of the negroes, which const.i.tuted the body of this empire, remained pagan, did not become, except in outward conformity, Mohammedan and did not take the Moslem civilization as it was developed elsewhere, and that the disintegration of the empire left the negro races practically where they were before in point of development. This fact, if it is not overturned by further search, is open to the explanation that the Moslem civilization is not fitted to the development of the African negro.

Contact, such as it has been, with higher civilizations, has not in all these ages which have witnessed the wonderful rise and development of other races, much affected or changed the negro. He is much as he would be if he had been left to himself. And left to himself, even in such a favorable environment as America, he is slow to change. In Africa there has been no progress in organization, government, art.

No negro tribe has ever invented a written language. In his exhaustive work on the History of Mankind, Professor Frederick Ratzel, having studied thoroughly the negro belt of Africa, says "of writing properly so called, neither do the modern negroes show any trace, nor have traces of older writing been found in negro countries."

From this outline review we come back to the situation in the United States, where a great ma.s.s of negroes--possibly over nine millions of many shades of colors--is for the first time brought into contact with Christian civilization. This ma.s.s is here to make or mar our national life, and the problem of its destiny has to be met with our own. What can we do, what ought we to do, for his own good and for our peace and national welfare?

In the first place, it is impossible to escape the profound impression that we have made a mistake in our estimate of his evolution as a race, in attempting to apply to him the same treatment for the development of character that we would apply to a race more highly organized. Has he developed the race consciousness, the race soul, as I said before, a collective soul, which so strongly marks other races more or less civilized according to our standards? Do we find in him, as a ma.s.s (individuals always excepted), that slow deposit of training and education called "character," any firm basis of order, initiative of action, the capacity of going alone, any sure foundation of morality? It has been said that a race may attain a good degree of standing in the world without the refinement of culture, but never without virtue, either in the Roman or the modern meaning of that word.

The African, now the American negro, has come in the United States into a more favorable position for development than he has ever before had offered. He has come to it through hardship, and his severe apprenticeship is not ended. It is possible that the historians centuries hence, looking back over the rough road that all races have traveled in their evolution, may reckon slavery and the forced transportation to the new world a necessary step in the training of the negro. We do not know.

The ways of Providence are not measurable by our foot rules. We see that slavery was unjust, uneconomic, and the worst training for citizenship in such a government as ours. It stifled a number of germs that might have produced a better development, such as individuality, responsibility, and thrift,--germs absolutely necessary to the well-being of a race. It laid no foundation of morality, but in place of morality saw cultivated a superst.i.tious, emotional, hysterical religion. It is true that it taught a savage race subordination and obedience. Nor did it stifle certain inherent temperamental virtues, faithfulness, often highly developed, and frequently cheerfulness and philosophic contentment in a situation that would have broken the spirit of a more sensitive race. In short, under all the disadvantages of slavery the race showed certain fine traits, qualities of humor and good humor, and capacity for devotion, which were abundantly testified to by southerners during the progress of the Civil War. It has, as a race, traits wholly distinct from those of the whites, which are not only interesting, but might be a valuable contribution to a cosmopolitan civilization; gifts also, such as the love of music, and temperamental gayety, mixed with a note of sadness, as in the Hungarians.

But slavery brought about one result, and that the most difficult in the development of a race from savagery, and especially a tropical race, a race that has always been idle in the luxuriance of a nature that supplied its physical needs with little labor. It taught the negro to work, it transformed him, by compulsion it is true, into an industrial being, and held him in the habit of industry for several generations.

Perhaps only force could do this, for it was a radical transformation. I am glad to see that this result of slavery is recognized by Mr. Booker Washington, the ablest and most clear-sighted leader the negro race has ever had.

But something more was done under this pressure, something more than creation of a habit of physical exertion to productive ends. Skill was developed. Skilled labor, which needs brains, was carried to a high degree of performance. On almost all the Southern plantations, and in the cities also, negro mechanics were bred, excellent blacksmiths, good carpenters, and house-builders capable of executing plans of high architectural merit. Everywhere were negroes skilled in trades, and competent in various mechanical industries.

The opportunity and the disposition to labor make the basis of all our civilization. The negro was taught to work, to be an agriculturist, a mechanic, a material producer of something useful. He was taught this fundamental thing. Our higher education, applied to him in his present development, operates in exactly the opposite direction.

This is a serious a.s.sertion. Its truth or falsehood cannot be established by statistics, but it is an opinion gradually formed by experience, and the observation of men competent to judge, who have studied the problem close at hand. Among the witnesses to the failure of the result expected from the establishment of colleges and universities for the negro are heard, from time to time, and more frequently as time goes on, practical men from the North, railway men, manufacturers, who have initiated business enterprises at the South. Their testimony coincides with that of careful students of the economic and social conditions.

There was reason to a.s.sume, from our theory and experience of the higher education in its effect upon white races, that the result would be different from what it is. When the negro colleges first opened, there was a glow of enthusiasm, an eagerness of study, a facility of acquirement, and a good order that promised everything for the future. It seemed as if the light then kindled would not only continue to burn, but would penetrate all the dark and stolid communities. It was my fortune to see many of these inst.i.tutions in their early days, and to believe that they were full of the greatest promise for the race. I have no intention of criticising the generosity and the n.o.ble self-sacrifice that produced them, nor the aspirations of their inmates. There is no doubt that they furnish shining examples of emanc.i.p.ation from ignorance, and of useful lives. But a few years have thrown much light upon the careers and characters of a great proportion of the graduates, and their effect upon the communities of which they form a part, I mean, of course, with regard to the industrial and moral condition of those communities. Have these colleges, as a whole,--[This sentence should have been further qualified by acknowledging the excellent work done by the colleges at Atlanta and Nashville, which, under exceptionally good management, have sent out much-needed teachers. I believe that their success, however, is largely owing to their practical features.--C.D.W.]--stimulated industry, thrift, the inclination to settle down to the necessary hard work of the world, or have they bred idleness, indisposition to work, a vaporous ambition in politics, and that sort of conceit of gentility of which the world has already enough? If any one is in doubt about this he can satisfy himself by a sojourn in different localities in the South. The condition of New Orleans and its negro universities is often cited. It is a favorable example, because the ambition of the negro has been aided there by influence outside of the schools. The federal government has imposed upon the intelligent and sensitive population negro officials in high positions, because they were negroes and not because they were specially fitted for those positions by character or ability. It is my belief that the condition of the race in New Orleans is lower than it was several years ago, and that the influence of the higher education has been in the wrong direction.

This is not saying that the higher education is responsible for the present condition of the negro.

Other influences have r.e.t.a.r.ded his elevation and the development of proper character, and most important means have been neglected. I only say that we have been disappointed in our extravagant expectations of what this education could do for a race undeveloped, and so wanting in certain elements of character, and that the millions of money devoted to it might have been much better applied.

We face a grave national situation. It cannot be successfully dealt with sentimentally. It should be faced with knowledge and candor. We must admit our mistakes, both social and political, and set about the solution of our problem with intelligent resolution and a large charity. It is not simply a Southern question. It is a Northern question as well. For the truth of this I have only to appeal to the consciousness of all Northern communities in which there are negroes in any considerable numbers. Have the negroes improved, as a rule (always remembering the exceptions), in thrift, truthfulness, morality, in the elements of industrious citizenship, even in States and towns where there has been the least prejudice against their education? In a paper read at the last session of this a.s.sociation, Professor W. F. Willc.o.x of Cornell University showed by statistics that in proportion to population there were more negro criminals in the North than in the South. "The negro prisoners in the Southern States to ten thousand negroes increased between 1880 and 1890 twenty-nine per cent., while the white prisoners to ten thousand whites increased only eight per cent." "In the States where slavery was never established, the white prisoners increased seven per cent. faster than the white population, while the negro prisoners no less than thirty-nine per cent. faster than the negro population. Thus the increase of negro criminality, so far as it is reflected in the number of prisoners, exceeded the increase of white criminality more in the North than it did in the South."

This statement was surprising. It cannot be accounted for by color prejudice at the North; it is related to the known shiftlessness and irresponsibility of a great portion of the negro population. If it could be believed that this shiftlessness is due to the late state of slavery, the explanation would not do away with the existing conditions. Schools at the North have for a long time been open to the negro; though color prejudice exists, he has not been on the whole in an unfriendly atmosphere, and willing hands have been stretched out to help him in his ambition to rise. It is no doubt true, as has been often said lately, that the negro at the North has been crowded out of many occupations by more vigorous races, newly come to this country, crowded out not only of factory industries and agricultural, but of the positions of servants, waiters, barbers, and other minor ways of earning a living. The general verdict is that this loss of position is due to lack of stamina and trustworthiness. Wherever a negro has shown himself able, honest, attentive to the moral and economic duties of a citizen, either successful in acc.u.mulating property or filling honorably his station in life, he has gained respect and consideration in the community in which he is known; and this is as true at the South as at the North, notwithstanding the race antagonism is more accentuated by reason of the preponderance of negro population there and the more recent presence of slavery. Upon this ugly race antagonism it is not necessary to enlarge here in discussing the problem of education, and I will leave it with the single observation that I have heard intelligent negroes, who were honestly at work, acc.u.mulating property and disposed to postpone active politics to a more convenient season, say that they had nothing to fear from the intelligent white population, but only from the envy of the ignorant.

The whole situation is much aggravated by the fact that there is a considerable infusion of white blood in the negro race in the United States, leading to complications and social aspirations that are infinitely pathetic. Time only and no present contrivance of ours can ameliorate this condition.

I have made this outline of our negro problem in no spirit of pessimism or of prejudice, but in the belief that the only way to remedy an evil or a difficulty is candidly and fundamentally to understand it. Two things are evident: First, the negro population is certain to increase in the United States, in a ratio at least equal to that of the whites. Second, the South needs its labor. Its deportation is an idle dream. The only visible solution is for the negro to become an integral and an intelligent part of the industrial community. The way may be long, but he must work his way up. Sympathetic aid may do much, but the salvation of the negro is in his own hands, in the development of individual character and a race soul. This is fully understood by his wisest leaders. His worst enemy is the demagogue who flatters him with the delusion that all he needs for his elevation is freedom and certain privileges that were denied him in slavery.

In all the Northern cities heroic efforts are made to a.s.similate the foreign population by education and instruction in Americanism. In the South, in the city and on plantation, the same effort is necessary for the negro, but it must be more radical and fundamental. The common school must be as fully sustained and as far reaching as it is in the North, reaching the lowest in the city slums and the most ignorant in the agricultural districts, but to its strictly elemental teaching must be added moral instructions, and training in industries and in habits of industry. Only by such rudimentary and industrial training can the ma.s.s of the negro race in the United States be expected to improve in character and position. A top-dressing of culture on a field with no depth of soil may for a moment stimulate the promise of vegetation, but no fruit will be produced. It is a gigantic task, and generations may elapse before it can in any degree be relaxed.

Why attempt it? Why not let things drift as they are? Why attempt to civilize the race within our doors, while there are so many distant and alien races to whom we ought to turn our civilizing attention? The answer is simple and does not need elaboration. A growing ignorant ma.s.s in our body politic, inevitably cherishing bitterness of feeling, is an increasing peril to the public.

In order to remove this peril, by transforming the negro into an industrial, law-abiding citizen, identified with the prosperity of his country, the cordial a.s.sistance of the Southern white population is absolutely essential. It can only be accomplished by regarding him as a man, with the natural right to the development of his capacity and to contentment in a secure social state. The effort for his elevation must be fundamental. The opportunity of the common school must be universal, and attendance in it compulsory. Beyond this, training in the decencies of life, in conduct, and in all the industries, must be offered in such industrial inst.i.tutions as that of Tuskegee. For the exceptional cases a higher education can be easily provided for those who show themselves worthy of it, but not offered as an indiscriminate panacea.

The question at once arises as to the kind of teachers for these schools of various grades. It is one of the most difficult in the whole problem.

As a rule, there is little gain, either in instruction or in elevation of character, if the teacher is not the superior of the taught. The learners must respect the attainments and the authority of the teacher. It is a too frequent fault of our common-school system that, owing to inadequate pay and ignorant selections, the teachers are not competent to their responsible task. The highest skill and attainment are needed to evoke the powers of the common mind, even in a community called enlightened.

Much more are they needed when the community is only slightly developed mentally and morally. The process of educating teachers of this race, fit to promote its elevation, must be a slow one. Teachers of various industries, such as agriculture and the mechanic arts, will be more readily trained than teachers of the rudiments of learning in the common schools. It is a very grave question whether, with some exceptions, the school and moral training of the race should not be for a considerable time to come in the control of the white race. But it must be kept in mind that instructors cheap in character, attainments, and breeding will do more harm than good. If we give ourselves to this work, we must give of our best.

Without the cordial concurrence in this effort of all parties, black and white, local and national, it will not be fruitful in fundamental and permanent good. Each race must accept the present situation and build on it. To this end it is indispensable that one great evil, which was inherent in the reconstruction measures and is still persisted in, shall be eliminated. The party allegiance of the negro was bid for by the temptation of office and position for which he was in no sense fit. No permanent, righteous adjustment of relations can come till this policy is wholly abandoned. Politicians must cease to make the negro a p.a.w.n in the game of politics.

Let us admit that we have made a mistake. We seem to have expected that we could accomplish suddenly and by artificial Contrivances a development which historically has always taken a long time. Without abatement of effort or loss of patience, let us put ourselves in the common-sense, the scientific, the historic line. It is a gigantic task, only to be accomplished by long labor in accord with the Divine purpose.

"Thou wilt not leave us in the dust; Thou madest man, he knows not why, He thinks he was not made to die; And thou hast made him; thou art just.

"Oh, yet we trust that somehow good Will be the final goal of ill, To pangs of nature, sins of will, Defects of doubt, and taints of blood.

"That nothing walks with aimless feet, That not one life shall be destroyed, Or cast as rubbish to the void, When G.o.d hath made the pile complete."

THE INDETERMINATE SENTENCE--WHAT SHALL BE DONE WITH THE CRIMINAL CLa.s.s?

By Charles Dudley Warner

The problem of dealing with the criminal cla.s.s seems insolvable, and it undoubtedly is with present methods. It has never been attempted on a fully scientific basis, with due regard to the protection of society and to the interests of the criminal.

It is purely an economic and educational problem, and must rest upon the same principles that govern in any successful industry, or in education, and that we recognize in the conduct of life. That little progress has been made is due to public indifference to a vital question and to the action of sentimentalists, who, in their philanthropic zeal; fancy that a radical reform can come without radical discipline. We are largely wasting our energies in petty contrivances instead of striking at the root of the evil.

What do we mean by the criminal cla.s.s? It is necessary to define this with some precision, in order to discuss intelligently the means of destroying this cla.s.s. A criminal is one who violates a statute law, or, as we say, commits a crime. The human law takes cognizance of crime and not of sin. But all men who commit crime are not necessarily in the criminal cla.s.s. Speaking technically, we put in that cla.s.s those whose sole occupation is crime, who live by it as a profession, and who have no other permanent industry. They prey upon society. They are by their acts at war upon it, and are outlaws.

The State is to a certain extent responsible for this cla.s.s, for it has trained most of them, from youth up, through successive detentions in lock-ups, city prisons, county jails, and in State prisons, and penitentiaries on relatively short sentences, under influences which tend to educate them as criminals and confirm them in a bad life. That is to say, if a man once violates the law and is caught, he is put into a machine from which it is very difficult for him to escape without further deterioration. It is not simply that the State puts a brand on him in the eyes of the community, but it takes away his self-respect without giving him an opportunity to recover it. Once recognized as in the criminal cla.s.s, he has no further concern about the State than that of evading its penalties so far as is consistent with pursuing his occupation of crime.

To avoid misunderstanding as to the subject of this paper, it is necessary to say that it is not dealing with the question of prison reform in its whole extent. It attempts to consider only a pretty well defined cla.s.s. But in doing this it does not say that other aspects of our public peril from crime are not as important as this. We cannot relax our efforts in regard to the relations of poverty, drink, and unsanitary conditions, as leading to crime. We have still to take care of the exposed children, of those with parentage and surroundings inclining to crime, of the degenerate and the unfortunate. We have to keep up the warfare all along the line against the demoralization of society. But we have hereto deal with a specific manifestation; we have to capture a stronghold, the possession of which will put us in much better position to treat in detail the general evil.

Why should we tolerate any longer a professional criminal cla.s.s? It is not large. It is contemptibly small compared with our seventy millions of people. If I am not mistaken, a late estimate gave us less than fifty thousand persons in our State prisons and penitentiaries. If we add to them those at large who have served one or two terms, and are generally known to the police, we shall not have probably more than eighty thousand of the criminal cla.s.s. But call it a hundred thousand. It is a body that seventy millions of people ought to take care of with little difficulty.

And we certainly ought to stop its increase. But we do not. The cla.s.s grows every day. Those who watch the criminal reports are alarmed by the fact that an increasing number of those arrested for felonies are discharged convicts. This is an unmistakable evidence of the growth of the outlaw cla.s.ses.

But this is not all. Our taxes are greatly increased on account of this cla.s.s. We require more police to watch those who are at large and preying on society. We expend more yearly for apprehending and trying those caught, for the machinery of criminal justice, and for the recurring farce of imprisoning on short sentences and discharging those felons to go on with their work of swindling and robbing. It would be good economy for the public, considered as a taxpayer, to pay for the perpetual keep of these felons in secure confinement.

And still this is not the worst. We are all living in abject terror of these licensed robbers. We fear robbery night and day; we live behind bolts and bars (which should be reserved for the criminal) and we are in hourly peril of life and property in our homes and on the highways. But the evil does not stop here. By our conduct we are encouraging the growth of the criminal cla.s.s, and we are inviting disregard of law, and diffusing a spirit of demoralization throughout the country.

I have spoken of the criminal cla.s.s as very limited; that is, the cla.s.s that lives by the industry of crime alone. But it is not isolated, and it has widespread relations. There is a large portion of our population not technically criminals, which is interested in maintaining this criminal cla.s.s. Every felon is a part of a vast network of criminality. He has his dependents, his allies, his society of vice, all the various machinery of temptation and indulgence.

It happens, therefore, that there is great sympathy with the career of the lawbreakers, many people are hanging on them for support, and among them the so-called criminal lawyers. Any legislation likely to interfere seriously with the occupation of the criminal cla.s.s or with its increase is certain to meet with the opposition of a large body of voters. With this active opposition of those interested, and the astonishing indifference of the general public, it is easy to see why so little is done to relieve us of this intolerable burden. The fact is, we go on increasing our expenses for police, for criminal procedure, for jails and prisons, and we go on increasing the criminal cla.s.s and those affiliated with it.

And what do we gain by our present method? We do not gain the protection of society, and we do not gain the reformation of the criminal. These two statements do not admit of contradiction. Even those who cling to the antiquated notion that the business of society is to punish the offender must confess that in this game society is getting the worst of it.

Society suffers all the time, and the professional criminal goes on with his occupation, interrupted only by periods of seclusion, during which he is comfortably housed and fed. The punishment he most fears is being compelled to relinquish his criminal career. The object of punishment for violation of statute law is not vengeance, it is not to inflict injury for injury. Only a few persons now hold to that. They say now that if it does little good to the offender, it is deterrent as to others. Now, is our present system deterrent? The statute law, no doubt, prevents many persons from committing crime, but our method of administering it certainly does not lessen the criminal cla.s.s, and it does not adequately protect society. Is it not time we tried, radically, a scientific, a disciplinary, a really humanitarian method?

The proposed method is the indeterminate sentence. This strikes directly at the criminal cla.s.s. It puts that cla.s.s beyond the power of continuing its depredations upon society. It is truly deterrent, because it is a notification to any one intending to enter upon that method of living that his career ends with his first felony. As to the general effects of the indeterminate sentence, I will repeat here what I recently wrote for the Yale Law Journal:

It is unnecessary to say in a law journal that the indeterminate sentence is a measure as yet untried. The phrase has pa.s.sed into current speech, and a considerable portion of the public is under the impression that an experiment of the indeterminate sentence is actually being made. It is, however, still a theory, not adopted in any legislation or in practice anywhere in the world.

The misconception in regard to this has arisen from the fact that under certain regulations paroles are granted before the expiration of the statutory sentence.

An indeterminate sentence is a commitment to prison without any limit. It is exactly such a commitment as the court makes to an asylum of a man who is proved to be insane, and it is paralleled by the practice of sending a sick man to the hospital until he is cured.

The introduction of the indeterminate sentence into our criminal procedure would be a radical change in our criminal legislation and practice. The original conception was that the offender against the law should be punished, and that the punishment should be made to fit the crime, an 'opera bouffe' conception which has been abandoned in reasoning though not in practice. Under this conception the criminal code was arbitrarily constructed, so much punishment being set down opposite each criminal offense, without the least regard to the actual guilt of the man as an individual sinner.

Within the present century considerable advance has been made in regard to prison reform, especially with reference to the sanitary condition of places of confinement. And besides this, efforts of various kinds have been made with regard to the treatment of convicts, which show that the idea was gaining ground that criminals should be treated as individuals. The application of the English ticket-of-leave system was one of these efforts; it was based upon the notion that, if any criminal showed sufficient evidence of a wish to lead a different life, he should be conditionally released before the expiration of his sentence. The parole system in the United States was an attempt to carry out the same experiment, and with it went along the practice which enabled the prisoner to shorten the time of his confinement by good behavior. In some of the States reformatories have been established to which convicts have been sent under a sort of sliding sentence; that is, with the privilege given to the authorities of the reformatory to retain the offender to the full statutory term for which he might have been sentenced to State prison, unless he had evidently reformed before the expiration of that period. That is to say, if a penal offense ent.i.tled the judge to sentence the prisoner for any period from two to fifteen years, he could be kept in the reformatory at the discretion of the authorities for the full statutory term. It is from this law that the public notion of an indeterminate sentence is derived. It is, in fact, determinate, because the statute prescribes its limit.