The Sun.
London, England, 1864-10-27 00:00:00

upon the condition of society, and must finally im-
prove the very indifferent circumstances which
seem hitherto to have surrounded the avenues of
the law. It seems strange, indeed, that more at-
tention was not paid to the anomaly that existed
in this department of justice previously, for
much serious evil was doubtless wrought by
the pernicious practice so much in vogue of
passing short sentences at every available
opportunity. It is almost incalculable to trace the
extent and importance of the feeling thus engen-
dered among criminals, and it may safely be in.
ferred that the results were grievous to the com-
munity at large and most deplorable to the convicts
themselves. Mr HILL referred to the granting of
licenses, which has been largely dealt with in the
new measure. One of the chief merits of the alter.
ration is, that if one of these license holders is
convicted of any offence, be is subject to recommence
his sentence, and, not as heretofore, merely to con-
clude the term yet unexpired in prison. This is
an admirable arrangement, and one calculated to
produce a most salutary effect on the conduct of
those on probation. It would really seem as if
every possible laxity had been held out to convicts
of old by the peculiar arrangements in vogue, and
the many indulgences granted to them. Besides
this order to enforce the whole of the
sentence it is enacted that this shall be independent
of any punishment to which he may be subjected
on indictment. Sir GEORGE GREY'S instructions
as to the notification of the new rules respecting
the conditions on which alone licenses are in future
to be granted are most important, and, of course,
Mr. HILL touched upon them. Besides these con-
ditions of good conduct, which hitherto have been
alone required, it will now be necessary for the
convicts to give proofs of industry, on which point,
indeed, the decision will turn as to whether they
are permitted to enjoy the privilege of a license or
not. The custom now introduced of altering the
diet of the prisoners has also greatly changed the
convict service, and the amount of gratuities given
to convicts, when discharged, has likewise intros
dvced a new feature into the establishment
generally. Referring to these charges, Mr. HILL
observed, that our New Penal Servitude Act
formed an epoch in our legislation, not only be-
cause it was the exemplification of the wishes of
the Government and Parliament, but also because
it was the echo of the opinion of public bodies
"charged by authority, or who had charged theme
selves with the duty of careful investigation into
the working of our criminal law." The learned
gentleman gave a very succinct account of the causes
which led to the peculiar state of the criminal law
in England, is hich is very instructive and interest-
ing; and people may learn from it not to fail into
such errors again from want of due care and caution.
Half a century back, said the Recorder to his
hearers, our criminal code was conspicuous to the
world for its tremendous " denunciations against
crime." Those who now consider that some
laws are too stringent against offenders had
better reflect upon the old regime, in which
no less than one hundred and fifty different offences
were punishable by death, and the other regulations
were proportionably severe for minor crimes. "At
last the pablie mind resisted against these rigours,
and a strong tide set in which in the course of years,
not only swept away a multitude of severities, but
brought the law into a greater state of leniency
than could be justified by a due regard to the
general interests of the community." This is an
able definition of a puzzling question, and accounts
for the unsatisfactory state of things respecting our
Penal Code in a manner that removes discredit from
those who administered it, and those who framed
its rules. It is always best to err on the side of
kindness than of cruelty, and mercy should ever
temper justice in a Christina country. The mischief
was that, as Mr HILL remarked, " the law, mild
as it became, was outstripped by the laxity
with which it was administered." Now the
learned gentleman says the tide which has so long
flowed has begun to ebb, and a reaction has taken
place of so strong a nature that we must expect to
see the reversal of the current. Still this need
cause no fear, for in the present enlightened day it
is not likely that any of the barbarous practices of
olden times and even comparatively modern ones
will be renewed. On the contrary, there is good
reason to be glad that these erring children of
humanity are now put into a better condition of
training, and have a better chance of amending
their crooked ways. Mr. HILL declared with truth
that to discharge a man from prison with false
principles and evil habits, was to leave him in a
state of slavery more surely incompatible with his
welfare here and hereafter than any state which
could result from the harshest visitations of
human jurisprudence." It is well and wise
to consider questions of such grave importance
to ourselves and others in a spirit like this, that the
unhappy beings on whom the law has pronounced
a sentence may be seen in the right light, and not
looked upon as total outcasts, nor yet elevated into
sufferers and victims. Th'e beneficial effects which
are likely to accrue from voluntary industry being
made the sine qua non in granting licenses was
earnestly dwelt upon by Mr HILL; and the super.
vision of the police—so often objected to—was
shown by him to be, in the end, of essential service
to the discharged prisoner, as enabling him to have
some one to appeal to, and to furnish a proof of his
steadiness if unjustly accused of relapsing into old
habits. The learned Recorder of Birmingham has
delivered a very interesting address to his hearers,
end many besides them may gather therefrom
words of warning, and obtain an instructive ana-
lysis of crime and its treatment if they dwell
upon its condensed and comprehensive passages.