New-York tribune., 1870-10-15
THE PRISON CONGRESS.
CONCLUSION OF SECOND DAY.
TERMS OF sENTENCE-THE PORT BLAIR (INDIO
PHNAL SETTLEMENT.

man Of Massachusetts, sent prayer TO the Congress
Terms Of Sentence" wherein he discussed with much
ability the question: whether greater equality for the
same or similar oenses desirable and II how can II
be secured r Judge Pitman said that this of the
most perpexng questions in criminal Jurisprudence. II
Is not within the category Of Yea and Nay questions. As
general rule the discretion OF Judges should not by law
be confined within narrower limits. But attempt should
be made to exercise that discretion better consider
aton upon broader principles and with apprOximatiye
uniformity In results Apparent inequality not be
cOnfOunded with real Before the public have right TO
complain OF any sentence rs severe or lenent they
should have all the elements Of judgment which the
ma gstrate possessed Apparent inequalities often
identical with substantial equities. But inequalities
which result from variant theories from careless view Of
facts from public excitement, from the mood Of the
hour from personal idosyncacics from undue yielding
Tho philosophy Of punishment lies at the bass Of all
questions 10 its amount and distribution Govern
mental punishment Is defensive anu not TetrlDutiVe;
While the natural Of justice should not be shocked
by Furnishing any criminal beyond his deserts 70 reach
the fun measure OF this should he no aim. The minimum
compatible with the truest good Of the offender and the
le1t stely in three wavs: First By ont of the
way noNiOus actor and thus temporarily relieving
tioSy a. ne crn,i TSirJ Bv ia deterTept poWor
over others These three objects which may be briefly
summed up Removal. Reformation, and Deterrencc
though 10 some extent united IN almost every sentence
blended in very varying proportions, according 10
the crime and the criminal Thus In the department of
crime embracing under the general name OF Nuisance
oenscs against physical health ana comfort and against
me moral sense icm0va Is NANNY sought III the pun
ishment Of juvenile Offenders the ldea Of reformation pre-
dominates while in the treatment of 0enses against
property aud against public policy where the pecunaTy
temptation 10 udhssrcSs is SrOhB anu CONSTANT the
main object is deerrcnce The predOmnance Of one or
the other Of these objects has much 10 do with the length
of sentence For instance sentences loJuNehlle REFORM
properly for minority because To insure the
best opportunity for change Of character the element Of
time important. only here, as society sentences WIN
out reference TO the magnitude Of guilt the situation
should be made "a cheerful ~ - compatible with the
needed restraint, and discipline should br caieluy pa
teTua Increased certainty I'm the detection conviction
and punishment of crime will render lighter sentences
possible. the necessary law Is other things being equal
the gu0HIHt of punishment nyCrsely the certainty
And herein nilexihlc life sentences by positive statute
TO he deprecated.
In contrast with these equitable inequalities those
which from the accident Of the particular Judge
who may be called upon 20 sentence Such inequalities
are a grave public evil That they exist no intelligent
observer can doubt Indeed with the varying theories
the different tenperamrnts powers of observation, train
ing and experiences of several judges such inequa
ties inevitable. The problem is to reduce them TO
And first Of remedies that we reject have already
seen that made uniform by statute would be
nnusf Nor cor we favor the vDcriment of fixing sen
, uuss NI f, @ Nether Their frajnne nor experience
qualities them for this delicate duty To give them tins
0yer ,youIJ lso tend to coTnprOusc vcrdcts and ex
pose them temptations dangerous TO their integrity
As the bas, OF practicable remedies lies better nlOrma
tion and ls "a rpltIt an awakened public attention In
this matter rs i'm others, the establishment IN
Ti it a. - rtar, of fbe HIGHEST atfainablc ahil-
ity, would be of tho greatest utility The careful OD,ef-
ttctjon and en,uond the condIcnce of the public and
of the Judges themselves Wise and able discussion OF
Tuce i'm tinc a more consistent and harmonious admin
Observance especially In the lower Courts or more care
i'm me brsf0wUent OF more th0ught IN the matter OF in
dyidua sentences. Not only the equity but the moral
imprc yeness Of punishment depends greatly on It's
adninistraton II Is an anomaly that in
some states time IL spent IN considering pardons
than IN determining sentences IN crrIah 1ItS,ts oI
common 0tnses such as keeping houses OF ilame, or
where the character Of the act s pretty uniofin ana o
settled scale OF sentence might he reached by mutual
conference between Judges of Criminal courts In the
the graver crimes punishable 10y long terms OF
ilprisoIaucnt in the state Prison, hardly an
approach 10 uniformity Of sentence can be an
tecedcntly provided for; such crlines pirtake
Largely of an exceptOnable and individual
character II is at least worthy Of CONSIDERATION whether
sentences by the Severity here required should not be
measured the Judgment of more than one member OF
Court. These suggestions upon dih ut problem
submitted with dfhdenee. Inc Whole SUBJECT OF
criminal punishment is now undergoing reeXamlna-
ton both TO Its principles and IT, details In the pro
grcss of Christian civilization 1t VIII ultimately De iond
that the truest discipline Government can exercise over
the criminal, whether in the individual instance II be
tender severe Will prove the highest good Doth 10 nm
who exercised thereby and 10 society at large Ana
Christian wisdom show itself one with Christian love.
The Rev. DR.. Wines, Corresponding Secretary OF the
Gated by Fr. Ad de ROepsori, an officer Of the Port
Blair Penal Settlement in British India, giving
with the expression Of hope that, when the American
Prison Congress net at Cincinnati they would not think
It strange he greeted from the far East for the vcl
est interest taken all efforts ia behalf Of prison
reform Port Blair, he said, is the harbOr the east
only the harbor is applied 10 all the penal sta
tions the settlement. There three Islands in the
idl uul 'dtu nav MS - I'm
stations both sides of the harbor and on the west
cOast-I2 in all The first convicts sent here were mutt
sent, aud few political prisoners AT drst long
term cOnyicts were sent. but at present only me nch
The higher officers eight, with aggregate Of saa
Ties OF $50 2SO Of which more than third Is paid TO the
superintendent There six free oyerSeers, with sal
aries amounting to S26 O convict oNerse'iS lncre are
40, with total Of wages OF SlOOjl.
The average amount OF work done by the convict is
about Ouehfth of what free man would do. Incy are
WOIhuu ] III ssS sti ~ 10 i ci,d dn 1i cp,on u
arfz apa sfri
the whole, punshments are rare The conNicts here
come ont OF all the nations OF the East Ihcfe are men
from Puniab, big, strapping fellows like French gen
ddrBcS; they generally good for petty officers but
lazy and very apt to r9 away Then thee are TIE tte
treated Of the lot They generally dirty and
theylsh but tley are Strong, goou "oIhinen Ihere
tbe m ribesin Southern India Who have no
religion any law, but still under the law. The
who bows before you to the ground is MOnamIBc
dan bigh-priest He ia a political prisoner; his long
black beard nearly MS whole face like vail and
you only his little, ghtterlng eyes There are men
from Demnagarce with their whiSkcrs behind their ears
with the sign Of Ram Ram their foreheads painted in
the ideOus lashOn-perfect specimens of tine Hin
doc with all the ng Characteristics of that race de
based as IL Is by centuries OF slavery. There are also
from The West Indies Canadians and the of
Europeans, who had intermarred with natives of the
Last. These sOcaed Christian prisoners are employed
in Offices, a. oyerseers and the like, and
rude, lying drunken set, with neither
morals nor character, weak to temptation
strong TO tempt. With population like this Of whom
per cent cannot read, it IL not wonderful that the doe
rines OF the Savior do not prosper. The settlement s
almost perfectly secure against escape. The cOnycts
have tried it often, and always without that
they quite under, tand that this is place you
ter but never leave" Every month the prisoners
allowed send letters 10 India, and about 1900 letters
leave monthly. These are supposed 10 he always read
by the superintendent but this is In reality seldom
done When convict dies he is treated according to the
custom his cOuntry's eligon and Is handed TO
his cOuntTymen. For the Christian prisoners, generally
Europeans ana Americans there is large stone barrack
also library, where a gOOdy number of useful and re-
lgi0us books found. The average number Of CON
ylcts iu 1853 1885. OF whom G435 men, and 4i8
women. The hours OF labor . 10 IL M and 10
y.
THIRD DAY.
RESPONSIBILITY OF PARENTS-NASSACHUsET
NAUTICAL REFORM S1fOOI-REFORMATIO
EoR GIRIs-OUO REFORM SCHOOL FARM.