New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-19
tbe art .rd mystery Of the counsel Of prisoner. 10

The Judge have discharged their duty according to
their light and sbility, then the Governor stands
behind tbtm beth with the keys Of all the peniten-
tAries in bis hand, with ~hich he is always sore'y
b.set and oftentimes sorely tempted, especially IN
the solemn article of official dissolution, according
to the philosophy of Dick, the butcher Of Ashford
"to open the jas and let out the prisoners, rs the
"only way to do good and thrive Surely these
are very buugng ways Of doing very necessary
things The inequalities, partialties and indirec'-
aess which are inherent in these old methods, tel In
unmutakable language at once Of the necessity OF
some change in them and Of its possibility, TOO, II
we can but Lay hold of it.
Now there is DO question that the duration and
the termination of penal confinement must Do
in the hands of somebody. As things now stand,
we DO rot say that this matter could be in better
bands than it Is now. But it is obvious to any re-
iectIng person how imperfect and unequal this
mode Of administering penal justice must be. 1t rs
the character Of the prisoner, after ALL and not that
Of the crime ON which these incidents Of his punish
u ent should depend. The Legislature can only
classify crimes according as it seems to their best
wisdom the good of the commonwealth requires
afIUg different ranges ofimprisonment, in proper
ton TO the civil importance Of the evil action. The
Judge can only be guided BY what comes before
INN on the trial, or is pressed by the urgency Of
counsel after it is over, and perhaps as often ezra
Oh the side of mercy as Of justice. The Governor
ca, know nothing Of the merits of the case beyond
oc,2 hot "a roa1 4
the eager application of relations and friends aud
the testimony Of the officers Of the penitentiary
where the prisoner in question lie serving out bis
term. Now these two classes of officials, the
Judges and the Governors, should be relieved from
this painful responsibility in the case, and this
more painful importantly in the other. With the
best intentions in the world, which we are char
table enough to believe the general rule of con-
duct IN such nicetes, substantial Injustice must
needs be often done. The apportonment pun
ishme1t seems to be almost mere freak offortune,
and, in the interpostions of mercy, that twice
blessed virtue must often appear to those whom
she passes by to be as blind q power Is fortune
herself.
Now, when We shall have prevailed on the consti-
tuted authorities to adopt our plan Of placing men
of the higher. scientific skill in all that affects the
body ard the mind of man, of the wisest sagacity
and of the most enlightened humanity at the head
Of our penal Institutions, all this difficulty will
settle Itself. The responsibility of determining
how long prisoner shall remain such should rest
on this competent man, and not on Judge or
Governor The only consideration which should
influence him in his decision should be-Can the
offender be discharged with safety to society and
benefit TO himself An individual who has shown
himself incapable of restraining his brutal pas
sions from acts of violence, or his selfish pro-
pepsities from larcenous or fraudulent appropri-
atoms of other peoples property, should be Sc
Guided from society and subjected to such course
Of treatment as is likely TO cure him OF these in
frmities. All that Judge should have to do should
be to see that the facts are properly proved, and
then TO sentence the convict TO the proper peni.
tertiary there to remain until he is declared by the
CO mpetent authority TO be fit for his discharge.
nan skilled in the science of manknd-in its phys
CA and metaphysical departments-removed from
all rhuences Of an extrinsc character and making
study of every individual case, would soon come to
note the shades that distinguish from another,
aud the elements Of mind and temperament which
Occasioned the crime. Of course, this would re-
quire skili-gehius perhaps; but 90 does the ac
ruracy of observation necessary in cases of in
sanity, for the treatment of which there is no lack
Of suitable men, and Of whose treatu emit of which
there is 80 seldom any just cause of criticism or
complaint.
To guard sgainst any spprehensous of too
speedy discharges, a rule might be enforced that
every convict not acquainted with some trade or
hsDdicraft by which he could earn bis living, should
remain at least long enough TO learn one, and that
svery man having trade should become skillful
, check on the Superintendent, a Board of Trus-
ices or Visitors, to be composed OF men above all
suspicion Of undue influence, might pass upon his
decisions TO releases or detentions but only with
tie power Of suspendug his decisions in cases
where they thought public safety justice required
i. The Governor or the Chief Justice of the
highest Court Of Judicature in the Sta,e might be
the bal umpire in case Of a serious difference Of
opinion. The details Of the system would soon ar
range themselves. The principle is, to place the
entire responsibility of the treatment, the deten
ton and the discharge of prisoners on one man
qualified by natural ability, acquired skIl and
special preparation for so difficult and delicate
duty. To say that such men cannot be found is an
,bsurdity. If not to be found, they would soon be
made as the men whose specialses are the treat
ment or instruction of those suffering under the loss
Of reason Of any of the have been created
within f.3 years. The world is full of highly edu-
Gated men who are asking their brothers of the