The Sun.
London, England, 1842-11-11 00:00:00

Cite 2wat,

LONDON :
FRIDAY MORNING. NOVEMBER 11, 18.4

In the Seventh "Report of the Inspectors Of
Prisons fbr the Northern and Eastern Distriet,'',
is this'passage—" I feel it incumbent on me to
state that, looking to the materially increased
rigour of our penal establishMents within the last
few years, I am of opinion that a corresponding
shortening of the terms of imprisonment might
be made in many cases of summary conviction, and
of first.offences of a light character; and this being
the case, I am satisfied that the offender would
be discharged under a more salutary impression,
together with less of moral and physical injury,
and without any diminution of the securities of
society." With the latter part of this quotation
we have little to dobut• remark that it does
credit to Mr. WILLIA)IS for careful observation
and humanity. We cannot, however, allow the
iilp hied opinion, so contrary to the boasted results
of prisoa discipline, namely, that its continu-
ance is deleterious to the- moral as well as phy-
sn2ll qualities of the prisoner, to pass without
notice. In confirmation of the opinion, Mr.
WlLLranis adds, " The acuteness of feeling in
convicts generally, after a time, settles down into
a state of indifference and torpor; they become
habituated to prison life ; they move like mere
machines according to regulation, but without
the exercise of a single faculty." Imprisonment,
therefore, far from improving the moral nature
of the'criminal, only benumbs, or, as it were,
amputates his fitculties.
The first part of the quotation shows that
while the community has been pluming itself on
lessening punishment, it has in fact very much
increased its rigour. The penal lawgiver has
had an unexpected auxiliary. The visitors of
gaols, the administeringejustice, have come to his
aid, and sharpened to a degree unknown to all
but priSoners the pain and privation he has
meant to inflict. From this we derive one great
consolation. The increase of crime has been
charged to the increasing humanity shown to-
wards offenders; but it is now proved by the
highest authority that the supposed humanity,
has
.not actually existed. The auxiliary rigour
which has not prevented the increase of offences,
rescues humanity from the charge, and restores
to it all that lustre of usefulness with which
theory, loving it for itself, had gloriously
in-
vested it.

The first part Of this quotation shows, more-
over, that all offences for which men were
doomed to imprisonment before "the present
-materially increased rigour of our penal esta-
blishments" came into practice, are now much
more severely punished than the lawgiver in-
tended they should be. If he had known at the
time of making the law of the existence of the
rigour, !he would, in reason and mercy, have
shortened many terms of imprisonment which
he ordained for very trifling offences. Mr.
WILLIAMS' view, therefore, that now to shorten
these terms would be beneficial, is confirmed by
the preSent injustice of the punishment. At
least, if it be just at present, it must have been
Inadequate and unjust when it was ordained. In
one case or the other, the Llgislature has done
wrong, and has committed a serious offence,
either towards the community, by not punishing
enough, or towards the criminals by punishing
too much, compared to which those of the un-
happy criminals who have kicked up a riot, per-
haps, or filched seine trifling article of property,
are light indeed.
Another consideration arises from Nr. WIL-
LIAMS' remark. Magistrates, far from relaxing
their ancient practice of summarily convicting
men, women, and childrein,: have, from a variety
of circumstances, gone lon extending and en-
larging that
practice.', With a view to repress
crime; cniminais of several kinds have been gra-
dually nuire-Und'more withdrAirn from the pro-
tection of a, jury, and summary convictions have
very much increased. When a prison was a mere

place of detention, a mere restraint on personal
liberty, that kind of conviction was perhaps bear-
able ; but now, when imprisonment is associated
with insufficient diet, damp cells, the want of
, society, and irksome monotonous toil, and when
it is inflicted on hundreds, perhaps thousands,
every day in the whole society, it becomes a
grievous cruelty and a grievous tyranny. The
Magistrates go on inflicting it from habit, be-
cause their predecessors inflicted it when it was
only a trifling evil, though it has now become, to
thousands and to the community, a serious cala-
mity, injurious alike to body and mind.
We may perhaps say that the paragraph we
have quoted is pregnant with a more general
lesson than the instruction in detail it has af-
forded. It is a type of what is continually hap-
pening, by which laws become inadequate or
unjust. The law-maker, with the best intention
no doubt, lays down a general rule, which is
nominally fixed, and does not change from year
to year or month to month ; but all the circum-
stances to which it applies do change, and his
nominally fixed rule is in relation to those cir-
cumstances, by which alone it can be tested,
exceedingly changeable. He fancies he has
secured the stability of a law or an institution—
he has only provided a form of words, a set of
phrases, which will not be immediately altered;
and his institution or his law is made to vary
almost as soon as it comes into existence.
Take the case of the 101. franchise. The law-
makers of 1831-32, meant by that to enfranchise
the bulk of the artisans and intelligent workmen.
At least it is impossible to be acquainted with Lord
BROUGHAra's high opinion of those classes, with-
out being convinced that such was his intention.
The law-makers are not very well acquainted
with the habits of the people, and so the law fell
short of their intention. But if the prosperity of
1834, 1835', and 1836 had continued—had the cir-
cumstances of the people gone on improving, that
intention would speedily have been realized.
The distress of 1837, 1838, and every year since;
has not only prevented the extension of the fran-
chise to the degree intended, but has every yea]
since curtailed it more and more. In the pre.
sent year, owing to the number of persons who
have been constrained to receive relief, endowing to
the fall in the ren t of small houses, the disfranchise-
ment in Leeds, Manchester, and other places,
is very great indeed. The ten-pound limit,
therefore, remains fixed and unalterable, but
with prosperous circumstances, and a small in-
crease of intelligence amongst the people, that
fixed rule might be extended almost to universal
suffrage, or it may become, as at present, under
adverse circumstances, a most narrow and re-
strictive law, which places the balk of the com-
munity out of the pale of the Constitution, and
actually endangers, by its vast irritation, the
safety of the State.
We might easily quote other similar instances
to illustrate the general lesson taught by the In-
spectorof Prisons' Report, viz., that while the law
is nominally fixed, and the law-maker supposes
because it has not worked enormous evil at one
time it cannot effect it at another, the circum-
stances to which it applies continually undergo
variation ; and, tested by them, it has varied just
as much, producing, perhaps, at one time, un-
bearable evils which were unknown at another.
We must, however, stop, leaving our readers to
seek other illustrations for themselves. We may,
perhaps, borrow some hereafter from the de-
tailed accounts of the separate prisons contained
in this Report.

The LORD MAYOR'S feast unites all parties
in enjoyment, and furnishes no occasion for
politics or partisanship. To convert it into a
theme for angry discussion is to set at defiance
the good example which the great men present
set to the press as well as the public, and to act
with as much bad taste as they displayed good
taste and courtesy. We will not depart from
their rule. We will not disturb the digestion of
the convives with one bitter remark. We can
only reg:Tt that we were not present to share the
hospitality of Mr. Alderman livrarnvatv, and
hear the sportive jests of Sir 1101311 T PEEL. The
i worthy Alderman undertook the . defence of tur-
bot and turtle, when the tariff was under discus-
sien, and his feats on those great subjects were
appropriately hinted at by Sir ROBERT as
a certain augury _of numberless excellent
dinners, daring the next year, at the Mansion-
house. The whole assambly .celioed the de-
lightful prophecy. . Tho Alderman and the Pre-.
. mier, too, .coniplimented each other on their
pubiic servicff and public virtue, andall the'com-
pally laughed at the joke. The Premier only
I became serious when he began to describe the
1 objects he had in view, and then, too, the com-
pany being in a ' merry mood, lauzhed, but
1 whether it was because Sir Ron'EnT had accom-
p:isl!ed his object, or bad failed, the reporters'
have neglected to inform us. The company as-
sembled to eat, drink, and be merry; and know-
ing that Sir ROBERT PEEL must be miserable
enough in Downing,-street, and fearing that he
will be more miserable still before Parliament
meets, we cannot find fault with.him, that amidst
the distress and ruin around him, and which have
followed his footsteps, he appeared to be merry
at the Loan MAYOR'S feast.