Church and Sunday school missed him. I was going to say that they passed by on the other side, remembering the migration of the churches uptown, as the wealthy moved out of, and the poor into, the region south of Fourteenth Street. But that would hardly be fair. They moved after their congregations; but they left nothing behind. In the twenty years that followed the war, while enough to people a large city moved in downtown, the number of churches there was reduced from 141 to 127. Fourteen Protestant churches moved out. Only two Roman Catholic churches and a synagogue moved in. I am not aware that there has been any large increase of churches in the district since, but we have seen that the crowding has not slackened pace. Jacob had no trouble in escaping the Sunday school as he had escaped the public school. His tribe will have none until the responsibility incurred in the severance of church and state sits less lightly on a Christian community, and the church, from a mob, shell have become an army, with von Moltke's plan of campaign, "March apart, fight together." The Christian church is not alone in its failure. The Jew's boy is breaking away from safe moorings rather faster than his brother of the new dispensation. The church looks on, but it has no cause for congratulation. He is getting nothing in place of that which he lost, and the result is bad. There is no occasion for profound theories about it. The facts are plain enough. The new freedom has something to do with it, but neglect to look after the young has quite as much. Apart from its religious aspect, seen from the angle of the community's interest wholly, the matter is of the gravest import.
What the boy's play has to do with building character in him Froebel has told us. Through it, he showed us, the child "first perceives moral relations," and he made that the basis of the kindergarten and all common-sense education. That prop was knocked out. New York never had a children's playground till within the last year. Truly it seemed, as Abram S. Hewitt said, as if in the early plan of our city the children had not been thought of at all. Such moral relations as Jacob was able to make out ran parallel with the gutter always, and counter to law and order as represented by the policeman and the landlord. The landlord had his windows to mind, and the policeman his lamps and the city ordinances which prohibit even kite flying below Fourteenth Street where the crowds are. The ball had no chance at all. It is not two years since a boy was shot down by a policeman for the heinous offense of playing football in the street on Thanksgiving Day. But a boy who cannot kick a ball around has no chance of growing up a decent and orderly citizen. He must have his childhood, so that he may be fitted to give to the community his manhood. The average boy is just like a little steam engine with steam always up. The play is his safety valve. With the landlord in the yard and the policeman on the street sitting on his safety valve and holding it down, he is bound to explode. When he does, when he throws mud and stones and shows us the side of him which the gutter developed, we are shocked and marvel much what our boys are coming to, as if we had any right to expect better treatment of them. I doubt if Jacob, in the whole course of his wizened little life, had ever a hand in an honest game that was not haunted by the dread of the avenging policeman. That he was not "doing anything" was no defense. The mere claim was proof that he was up to mischief of some sort. Besides, the policeman was usually right. Play in such a setting becomes a direct incentive to mischief in a healthy boy. Jacob was a healthy enough little animal.
Such fun as he had he got out of lawbreaking in a small way. In this he was merely following the ruling fashion. Laws were apparently made for no other purpose that he could see. Such a view as he enjoyed of their makers and executors at election seasons inspired him with seasonable enthusiasm, but hardly with awe. A slogan, now, like that raised by Tammany's last candidate for district attorney, – "To hell with reform!"- was something he could grasp. Of what reform meant he had only the vaguest notion, but the thing had the right ring to it. Roosevelt preaching enforcement of law was from the first a "lobster" to him, not to be taken seriously. It is not among the least of the merits of the man that by his sturdy personality, as well as by his unyielding persistence, he won the boy over to the passive admission that there might be something in it. It had not been his experience.
There was the law which sternly commanded him to go to school, and which he laughed at every day. Then there was the law to prevent child labor. It cost twenty-five cents for a false age certificate to break that, and Jacob, if he thought of it at all, probably thought of perjury as rather an expensive thing. A quarter was a good deal to pay for the right to lock a child up in a factory, when he ought to have been at play. The excise law was everybody's game. The sign that hung in every saloon, saying that nothing was sold there to minors, never yet barred out his "growler" when he had the price. There was another such sign in the tobacco shop, forbidding the sale of cigarettes to boys of his age. Jacob calculated that when he had the money he smoked as many as fifteen in a day, and he laughed when he told me. He laughed, too, when he remembered how the boys of the East Side took to carrying balls of cord in their pockets, on the wave of the Lexow reform, on purpose to measure the distance from the school door to the nearest saloon. They had been told that it should be two hundred feet, according to law. There were schools that had as many as a dozen within the tabooed limits. It was in the papers how, when the highest courts said that the law was good, the saloon keepers attacked the schools as a nuisance and detrimental to property. In a general way Jacob sided with the saloon keeper; not because he had any opinion about it, but because it seemed natural. Such opinions as he ordinarily had he got from that quarter.
When, later on, lie came to be tried, his counsel said to me, "He is an amazing liar." No, hardly amazing. It would have been amazing if lie had been anything else. Lying and mockery were all around him, and he adjusted himself to the things that were. He lied in self defense.