New-York daily tribune., 1851-07-29

cosnises no such thing as guilt IN the ordinary
ceptation Of the term There Is nothing. IN the
whole OF this theory, 10 put upon actual crime the
brand Of ashorreace.
There Is need that guilt be branded As guilt. The
preservation of a sound moral tone IN society de-
mands tbs, stigma should De affixed to crime In the
instructive CONVICTIONS OF every mind Il should De
regarded A. thing to be abAorred. Only 80 Tar as
such sentiments inwrought into the popular modes
OF thinking and feeling. can public security be guar
antied. and public order be rendered permIneAt.-
The theory of prevention fails and vitality fails here
And Just 50 far as 1t does fa Is It's moral influence
10 be most earnestly deprecated.
III. Is Il 70 reform fhS CRIMINAL
This is a theory which has secured 4 very large
number of supporters IL l., perhaps. prec cmnently
the theory OF the tay What can reasonably be
hoped from punishment inflicted, when t'rsatsHef
punishment has been OF no avail What magical
power does Il possess 10 correct mans evil nclIna-
hons They who expect 30 muct from H. inHicnon
forget the exceeding >tuboornneSs OF human nature
when once II has received strong bias toward eNi
There Is rather udicrouS aneccote told OF two BAR
rsters IN England. which may illustrate TINS point
One of them. who more than match for the
other IN size and physical strength imagined that MS
little opponent had lnsuited hlm. tie PROCEEDED AZ
once 10 lnilc. summary punishment. Knocking AIM
down With his huge 6st, he exclaimed There, you
little backguard, take that. | II make gentleman
of you
Il defy you." Shrieked out the other, jumping up
IS | sefy you. Beating never made gentleman"
Soft = with human nature It Is not 10 be whipped
into goodness 1t VIII often show itself unwilling
10 be beaten INTO gentleman. Were those who ap-
prove Of such attempts only 10 bear this IN mind.
they would perhaps. be less confident ot securing
the reformation OF the criminal by any means that
they devise. Ii would seem, too, that the result
Of actual experiments this human material when
Is sometimes so exceedingly ugly, might awaken IN
their minds doubts OF their ability 20 plan
and execute a scheme for reforming IT.
A reformation. II Il be secured At ALL must be
looked for as the result OF moral instruction, such
as is supplied 10 conyicts in most of penltentl
ares Ii Is something entirely distinct and separate
from the punishment nhs ted for the end at which
Il AIMS Is different Governments do not threaten
men with moral instruction If they break the laws
The very suggestion OF such threat, strikes the ear
as something ludlcrouS. Punishment and moral In
stlucuon are too widely separated ever to De re-
garced IDENTICAL or TO be considered AS having the
same END IN view.
How much effort has been made in the department
OF Moral Instruction. ant with what results may
be judged from some items found in the reports OF
the Inspector and the Moral Instructor of the EaS-
tern state rcnueLtary OF PennSy Sylvana Tor the yeu
lsi7
These are some OF the difficulties that encompass
the theories under consideration. They constitute
lust and efficient grounds for repudiang the whole
system OF preventive and reiormatory punishment
We are then led to the conclusion that the object
of Is 10 subserye the purposes OF justice
No other theory has been presented no other Is
necessary. There Is meaning IN the common phrase
the claims of Justice" To satisfy these cialmS
then nav be SAID to be the sufhc and only object
OF punishment IN other words, we may say, 10 sat
siy that appetite for justice which forms SO lmpor-
tant and useful a part of our moral constitution.
However wide the field of investigation we may
traverse however diversified the lines OF argumonta
ton We may pursue, the conclusion at which we
shall arrive will always be the same-that punish
ment Is merely punltory that voluntary crime ought
TO be visited by It's appropriate penalty