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

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LONDON :
FRIDAY MORNING. NOVEMBER 11, 1342.

In the Seventh " Report of the Inspectors of
Prisons for the Northern and Eastern District,''
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 litt4e to do but remark that it does
credit to Mr. WILLIAMS for careful observation
and humanity. We cannot, however, allow the
implied opinion, so contrary to the boasted results
of prison discipline, namely, that its continu-
ance is deleterious to the moral as well as pity_
sical qualities of the prisoner, to pass without'
notice. In confirmation of the opinion, Mr.
WILLIAMS. 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 faculties.
The first part of the quotation shows that
while the community has been plumingitself 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 adrninisteringJustice, have come to his
aid, and sharpened to a degree unknown to all
but prisoners the pain and privation he has
meant to inflict. Front 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
t 6 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
in reason and mercy, have
rigour, he would,
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 ;:onfirmed 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 Legislature 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 w
ho have kicked up a riot, per-
haps, or filched some trifling article ofyroperty,
are light indeed.
Another consideration arises from Mr. WIL-
LIAMS' remark. Magistrates, far from relaxing
their ancient practice of summarily convicting
men, women, and children, have, from a variety
of circumstances, gone on extending and en-
- larging that practice. With a view to repreSs
crime, criminals of several kinds have been gra-
dually more and more withdrawn from. the pro-
tection of a jury, and summary convictions have
very much increased. When a prison was a mere