SHOULD LICENSES BE ALLOWED?

The question of the best mode of legally controlling the great evil of prost.i.tution, and confining its bad physical effects, is a very difficult one.

The merely philosophical inquirer, or even the physician, regarding humanity "in the broad," comes naturally to the conclusion that this offense is one of the inevitable evils which always have followed, and always will follow, the track of civilization; that it is to be looked upon, like small-pox or scarlet fever, as a disease of civilized man, and is to be treated accordingly, by physical and scientific means, and must be controlled, as it cannot be uprooted, by legislation. Or they regard it as they do intoxication, as the effect of a misdirected natural desire, which is everywhere thought to be a legitimate object both of permission or recognition by government, as well as of check by rigid laws.

If medical men, their minds are almost exclusively directed toward the frightful effects on society and upon the innocent, of the diseases which attend this offense. They see that legislation would at once check the ravages from these terrible maladies, and that a system of licenses such as is practiced in the Continental cities would prevent them from spreading through society and punishing those who had never sinned. As scientific healers of human maladies, they feel that anything is a gain which lessens human suffering, controls disease, and keeps up the general health of the community. Their position, too, has been strengthened by the foolish and superst.i.tious arguments of their opponents. It has been claimed that syphilitic disorders are a peculiar and supernatural punishment for sin and wrong-doing; that by interfering with their legitimate action on the guilty, we presume to diminish the punishments inflicted by the Almighty; and, in so far as we cure or restrain these diseases, we lessen one great sanction which nature and Providence have placed before the infraction of the law of virtue.

The medical man, however, replies very pertinently that he has nothing to do with the Divine sanctions; that his business is to cure human diseases and lessen human suffering wherever he find them; and that gout, or rheumatism, or diphtheria, or scarlet fever, are as much "punishments" as the diseases of this vice. If he refused to visit a patient whenever he thought that his sins had brought upon him his diseases, he would have very little occupation, and mankind would receive very little alleviation from the medical art. Nor is he even called upon to refuse to cure a patient who, he knows, will immediately begin again his evil courses. The physician is not a judge or an executioner. He has nothing to do but to cure and alleviate. Influenced by this aspect of his duty, the medical man almost universally advocates licenses to prost.i.tutes, based on medical examination, and a strict legal control of the partic.i.p.ants in this offense.

On the other hand, those of us who deal with the moral aspects of the case, and who know the cla.s.s that are ruined body and soul by this criminal business, have a profound dread of anything which, to the young, should appear to legalize or approve, or even recognize it. The worst evil in prost.i.tution is to the woman, and the worst element in that is moral rather than physical.

The man has the tremendous responsibility on his soul of doing his part in helping to plunge a human being into the lowest depths of misery and moral degradation. He has also all the moral responsibility which the Divine law of purity places on each individual, and the farther burden of possibly causing disease hereafter to the innocent and virtuous.

But the woman who pursues this as a business has seldom any hope in this world, either of mental or moral health. The cla.s.s, as a cla.s.s, are the most desperate and unfortunate which reformatory agencies ever touch.

Now, any friend of the well-being of society, knowing the strength of men's pa.s.sions, and the utter misery and degradation of these victims of them, will dread any public measure or legislation which will tend to weaken the respect of young men for virtue, or to make this offense looked upon as permissible, or which will add to the number of these wretched women by diminishing the public and legal condemnation of their debasing traffic.

Among the large cla.s.s of poor and ignorant girls in a large city who are always just on the line between virtue and vice, who can say how many more would be plunged into this abyss of misery by an apparent legal approval or recognition of the offense through a system of license?

Among the thousand young men who are under incessant temptations in a city like this, who can say how many are saved by the consciousness that this offense is looked upon both by morality and law as an offense, and is not even recognized as permissible and legal? A city license const.i.tutes a profession of prost.i.tutes. The law and opinion recognize them. The evil becomes more fixed by its public recognition.

It is true that prost.i.tution will always, in all probability, attend civilization; but so will all other sins and offenses. It may be possible, however, to diminish and control it. It is already immensely checked in this country, as compared with continental countries, partly through economical and partly through moral causes. It has been diminished among the daughters of the lowest poor in this city by the "Industrial Schools." Why should it be increased and established by legal recognition?

We admit that the present condition of the whole matter in New York is terrible. The humanity and science which ought to minister to the prost.i.tute as freely as to any other cla.s.s, are refused to her by the public, unless she apply as a pauper. The consequence is, that the fearful diseases which follow this offense, like avenging Furies, have spread through not only this cla.s.s of women, but have been communicated to the virtuous and innocent, and are undermining the health of society.

This fact is notorious to physicians.

Now we think a reasonable "middle course" might be pursued in this matter; that, for instance, greater conveniences for medical attendance and advice in the city (and not on Blackwell's Island) might be afforded by our authorities to this cla.s.s, both as a matter of humanity and as a safeguard to the public health. If there was a hospital or a dispensary for such cases within the city, it would avoid the disgrace and publicity of each patient reporting herself to the court as a pauper, and then being sent to the Island Hospital. Hundreds more would present themselves for attendance and treatment than do now, and the public health be proportionately improved. No moral sanction would thus be given to this demoralizing and degrading business. The simple duties of humanity would be performed.

The advocates of the license system would still reply, however, that such a hospital would not meet the evil; that Law only can separate the sickly from the healthy, and thus guard society from the pestilence; and the only law which could accomplish this would be a strict system of license. The friend of public order, however, would urge that a wise legislator cannot consider physical well-being alone: he must regard also the moral tendencies of laws; and the influence of a license system for prost.i.tution is plainly toward recognizing this offense as legal or permissible. It removes indirectly one of the safeguards of virtue.

Perhaps the _reductio ad absurdum_ in the relation of the State with a criminal cla.s.s, and of the Church with the State, was never so absurdly shown as in the Berlin license laws for prost.i.tutes, twenty years since.

According to these, in their final result, no woman could be a prost.i.tute who had not partaken of the communion!--that is, the _Schein,_ or license, was never given to this business any more than to any other, except on evidence of the person's having been "confirmed,"

or being a member of the State Church, that is, a citizen! This cla.s.sing, however, the trade of prost.i.tution with peddling, or any other business needing a license, did not in the least tend, so far as we have ever heard, to elevate the women, or save them from moral and mental degradation. On the contrary, the universal law of Providence that man or woman must live by labor, and that any unnatural subst.i.tute for it saps and weakens all power and vigor, applies to this cla.s.s in Continental cities as much as here. Without doubt, too, wherever the Germanic races are, no degree of legalizing this traffic can utterly do away with the public sentence of scorn against the female partic.i.p.ants in it; and the contempt of the virtuous naturally depresses the vicious.

The "public woman" has a far greater chance of recovery in France or Italy than in Germany, England, or America. Still, the wise legislator, though regretting the depression which this public sentiment causes to the vicious cla.s.ses, cannot but value it as a safeguard of virtue, and will be very cautious how he weakens it by legislation.

There is, no doubt, some force in the position that the non-licensing of these houses is in some degree a terror to the community, and that the cautious and prudent are kept from the offense through fear of possible consequences in disease and infection. This, however, does not seem to us an object which legislators can hold before them as compared with the duties of humanity in curing and preventing disease and pestilence. They have nothing to do with adding to the natural penalties of sin, or with punishing sinners. They are concerned only with human law. But they have the right, and, as it seems to us, the duty, so to legislate as not to encourage so great an evil as this of prost.i.tution. And licensing, it seems to us, has that tendency. It certainly has had it in Paris, where it has been tried to its full extent, and surely no one could claim the population of that city as a model to any nation, whether in physical or moral power.

Bad as London is in this matter--not, however, so much through defect of licensing as through want of a proper street-police--we do not believe there is so wide-spread a degradation among poor women as in Berlin.

New York, in our judgment, is superior to any great city in its smaller prost.i.tute cla.s.s, and the virtue of its laboring poor. Something of this, of course, is due to our superior economical conditions; something to the immense energy and large means thrown into our preventive agencies, but much also to the public opinion prevailing in all cla.s.ses in regard to this vice. Our wealthy cla.s.ses, we believe, and certainly our middle cla.s.ses, have a higher sentiment in regard to the purity both of man and woman than any similar cla.s.ses in the civilized world. More persons relatively marry, and marriages are happier. This is equally true of the upper laboring cla.s.ses. If it is not true of the lowest poor, this results from two great local evils--Overcrowding, and the bad influences of Emigration. Still, even with these, the poor of New York compare favorably in virtue with those of Paris, Berlin, or Vienna. Now, how large a part of the public opinion which thus preserves both ends of society from vice may be due to the fact that we have not recognized the greatest offense against purity by any permissive legislation? The business is still regarded, in law, as outside of good morals and not even to be tacitly allowed by license.

CHAPTER XII.

THE BEST PREVENTIVE OF VICE AMONG CHILDREN.

INDUSTRIAL SCHOOLS.

As a simple, practical measure to save from vice the girls of the honest poor, nothing has ever been equal to the Industrial School.

Along with our effort for homeless boys, I early attempted to found a comprehensive organization of Schools for the needy and ragged little girls of the city.

Though our Free Schools are open to all, experience has taught that vast numbers of children are so ill-clothed and dest.i.tute that they are ashamed to attend these excellent places of instruction; or their mothers are obliged to employ them during parts of the day; or they are begging, or engaged in street occupations, and will not attend, or, if they do, attend very irregularly. Very many are playing about the docks or idling in the streets.

Twenty years ago, nothing seemed to check this evil. Captain Matsell, in the celebrated report I have alluded to, estimated the number of vagrant children as 10,000, and subsequently in later years, the estimate was as high as 30,000. The commitments for vagrancy were enormous, reaching in one year (1857), for females alone, 3,449; in 1859, 5,778; and in 1860, 5,880. In these we have not the exact number of children, but it was certainly very large.

What was needed to check crime and vagrancy among young girls was some School of Industry and Morals, adapted for the cla.s.s.

Many were ashamed to go to the Public Schools; they were too irregular for their rules. They needed some help in the way of food and clothing, much direct moral instruction and training in industry; while their mothers required to be stimulated by earnest appeals to their consciences to induce them to school them at all. Agents must be sent around to gather the children, and to persuade the parents to educate their offspring. It was manifest that the Public Schools were not adapted to meet all these wants, and indeed the mingling of any eleemosynary features in our public educational establishments would have been injudicious. As our infant Society had no funds, my effort was to found something at first by outside help, with the hope subsequently of obtaining a permanent support for the new enterprises, and bringing them under the supervision of the parent Society.

The agencies which we sought to found were the INDUSTRIAL SCHOOLS, which I shall now attempt to describe.

Each one of these humble charities has a history of its own--a history known only to the poor--of sacrifice, patience, and labor.

Some of the most gifted women of New York, of high position and fortune, as well as others of remarkable character and education, have poured forth without stint their services of love in connection with these ministrations of charity.

THE WILSON SCHOOL.

The School to which allusion has already been made on page 83, as growing out of the Boys' Meeting in Sixth Street, and afterwards in Avenue D, was the first of these Schools, and owes its origin especially to a lady of great executive power, Mrs. Wilson, wife of the Rev. Dr.

Wilson. It has always been an exceedingly successful and efficient School. It was formed in February, 1853, the writer a.s.sisting in its organization, and was carried on outside of the Society whose history I am sketching.

THE ROOKERIES OF THE FOURTH WARD--A REMEDY.

In visiting from lane to lane and house to house in our poorest quarters, I soon came to know one district which seemed hopelessly given over to vice and misery--the region radiating out from or near to Franklin Square, especially such streets as Cherry, Water, Dover, Roosevelt, and the neighboring lanes. Here were huge barracks--one said to contain some 1,500 persons--underground cellars, crowded with people, and old rickety houses always having "a double" on the rear lot, so as more effectually to shut out light and air. Here were as many liquor-shops as houses, and those worst dens of vice, the "Dance-Saloons," where prost.i.tution was in its most brazen form, and the unfortunate sailors were continually robbed or murdered. Nowhere in the city were so many murders committed, or was every species of crime so rife. Never, however, in this villainous quarter, did I experience the slightest annoyance in my visits, nor did any one of the ladies who subsequently ransacked every den and hole where a child could shelter itself. My own attention was early arrested by the number of wild ragged little girls who were flitting about through these lanes; some with basket and poker gathering rags, some apparently seeking chances of stealing, and others doing errands for the dance-saloons and brothels, or hanging about their doors. The police were constantly arresting them as "vagrants," when the mothers would beg them off from the good-natured Justices, and promise to train them better in future. They were evidently fast training, however, for the most abandoned life. It seemed me if I could only get the refinement, education, and Christian enthusiasm of the better cla.s.ses fairly to work here among these children, these terrible evils might be corrected at least for the next generation.

I accordingly went about from house to house among ladies whom I had known, and, representing the condition of the Ward, induced them to attend a meeting of ladies to be held at the house of a prominent physician, whose wife had kindly offered her rooms.

For some months I had attempted to prepare the public mind for these labors by incessant writing for the daily papers, by lectures and by sermons in various pulpits. Experience soon showed that the most effective mode of making real the condition of the poorest cla.s.s, was by relating incidents from real life which continually presented themselves.

The rich and fortunate had hardly conceived the histories of poverty, suffering, and loneliness which were constantly pa.s.sing around them.

The hope and effort of the writer was to connect the two extremes of society in sympathy, and carry the forces of one cla.s.s down to lift up the other. For this two things were necessary--one to show the duty which Christ especially teaches of sacrifice to the poor for His sake, and the value which He attaches to each human soul; and the other to free the whole, as much as possible, from any sectarian or dogmatic character. Nothing but "the enthusiasm of humanity" inspired by Christ could lead the comfortable and the fastidious to such disagreeable scenes and hard labors as would meet them here. It was necessary to feel that many comforts most be foregone, and much leisure given up, for this important work. Very unpleasant sights were to be met with, coa.r.s.e people to be encountered, and rude children managed; the stern facts of filth, vice, and crime to be dealt with.

It was not to be a mere holiday-work, or a sudden gush of sentiment; but, to be of use, it must be patiently continued, week by week, and month by month, and year by year, with some faint resemblance to that patience and love which we believed a Higher One had exercised towards us. But, with this inspiration, as carefully as possible, all dogmatic limitation must be avoided. All sects were invited to take a share in the work, and, as the efforts were necessarily directed to the most palpable and terrible evils, the means used by all would be essentially the same. Even those of no defined religious belief were gladly welcomed if they were ready to do the offices of humanity. The fact that ninety-nine hundredths of these poor people were Roman Catholics compelled us also to confine ourselves to the most simple and fundamental instructions, and to avoid, in any way, arousing religious bigotry.

In the meeting, gathered at the house of Dr. P., were prominent ladies from all the leading sects.

An address was delivered by the writer, and then a const.i.tution presented, of the simplest nature, and an a.s.sociation organized and officers appointed by the ladies present. This was the foundation of the

"FOURTH WARD INDUSTRIAL SCHOOL."

In the meanwhile, we went forth through the slums of the ward, and let it be widely known that a School to teach work, and where food was given daily, and clothes were bestowed to the well-behaved, was just forming.

Our room was in the bas.e.m.e.nt of a church in Roosevelt Street. Hither gathered, on a morning in December, 1853, our ladies and a flock of the most ill-clad and wildest little street-girls that could be collected anywhere in New York. They flew over the benches, they swore and fought with one another, they bandied vile language, and could hardly be tamed down sufficiently to allow the school to be opened.

Few had shoes, all were bonnetless, their dresses were torn, ragged, and dirty; their hair tangled, and faces long unwashed; they had, many of them, a singularly wild and intense expression of eye and feature, as of half-tamed creatures, with pa.s.sions aroused beyond their years.