THE PENALTIES OF POVERTY.
If a man were absolutely destitute and took to theft as the only means of warding off starvation for himself or his family, the whole force of law at once descended heavily upon him. In New York State the law decreed it grand larceny to steal to the value of $25, and in other States the statutes were equally severe. For stealing $25 worth of anything the penalty was three years in prison at hard labor. The unfortunate was usually put in the convict chain-gang and forced to work along the roads. Street-begging was prohibited by drastic laws; poverty was substantially a crime. The moment a propertyless person stole, the assumption at once was that he was prima facie a criminal; but let the powerful propertied man steal and government at once refused to see the criminal intent; if he were prosecuted, the usual outcome was that he never went to jail. Hundreds of specific instances could be given to prove this. One of the most noted of these was that of Samuel Swartwout, who was Collector of the Port of New York for a considerable period and who, at the same time, was a financier and large land-speculation promoter. It came out in 1838 that he had stolen the enormous sum of $1,222,705.69 from the Government,7 which money he had used in his schemes. He was a fugitive from justice for a time, but upon his return was looked upon extenuatingly as the "victim of circumstances" and he never languished in jail.
Money was the standard of everything. The propertied person could commit any kind of crime, short of murder, and could at once get free on bail. But what happened to the accused who was poor? Here is a contemporaneous description of one of the prisons of the period:
"In Bridewell, white females of every grade of character, from the innocent who is in the end acquitted, down to the basest wretch that