The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-04-15
Rationale OF Punishment.

IN lecture befor the Philosophical Society
Of Chicago, / advanced some views on the
subject OF Punishment that had not been
brought forward up to that tims, and which
were considered not only extreme, bat i'm
practicable. Since then, some Of The ideas
then expressed have taken shape to some ex-
tent, and are being practically tested in the
State Prison at Elmirs, in New York. They
have proved to be not only practical, bat, so
far, have been successful in the way OF refor.
nation of evil doors beyond the nope OF the
most saDguine. Like ell experiments it is
In stsge OF uncertainty, and its practice
must suggest such course of action, from
time to time, IS the results growing out OF
the course followed for the time being indi-
Gates to be necessary, or best, or plausible,
and so learn ss trisls succeed each other.
laid down certain propositions as princi-
pies, and insisted that We must be governed
by them, and they admitted OF no compro.
mise. 1t may not be uninteTesting to read
ers of the Sentinel to give the matter some
thought. Sooner or later civilization will
recognize the necessity of governing the
regulations Tor dlsposing Of offenders by
these PRINCIPLES.
Their statement led to the assertion that
there are only two ways to deal with those
who disturb the public order. The first is
restraint, the second is education; but re-
st1aint must come first and the education
must be given while under restraint. II
education fails, the perpetual restraint be-
comes a necessity and duty. by restraint
/ mean necessary confinement preventing
escape The idea of punishment can not en-.
ter into it at all originally and secondsrily.
only as one of the aide to preserve discipline
while under restraint. Our theory has been
that We must punish offenders, bat all pro.
visions for the purpose must look to the
reform alton of the offender and not to the
vindicaton OF Justice. There can be no re-
form by means OF punishment. In fact,
punishment by itself precludes reform. We
teach him trade, and at the end OF a fixed
period turn him loose regardless OF the fact
as to his being better or worse in his dispo-
sition TO observe the public order. II
he is still disposed TO violate il we
have taught him discipline, caution, en-
durance, industry. and given him skill
as On artisan, ell enabling him to be more
dangerous to the peace and good of soci-
etv. And this is called punishment. Its
effect has made him more vengeful, and in
stead of regsrdin g it as punishment he treas.
urss the memory of il to make him more
ready to prey OF the order loving part of his
fellow men.
Let it be known and understood that the
person who disturbs the public order, when
charged and committed will be taken out of
the society of free men and be shut up like
any other dangerous criminal. That unless
they learn to observe the rights OF others
tx L.
will be kept shut mp, be made to labor and
pay the cost OF keeping them, and can not
again have personal liberty; that there Is no
compromise, no pardon, no middle ground.
That no question OF punish ment enters into
it at all, but IL is simply to behave them
selves properly, or go aside from the rest OF
the community; 90 under restraint, aud
maintain order and industry, these under
all the force necessary to compel it, LIST
them understand this and they are going to
be more cautious, They Will study more to
resist evil tendencies and inclinations. They
will seriously try to avoid coming within
the chances leading to such an end.
Many are criminal and disorderly by nature.
There are many very able people, with great
vital and intellectual force and little or no
NJ oral force to govern the intellectual. They
may be refined or brutal. Many are impul
sive with no svil intent, but they lack eau
ton, and are often thrown before an impulse
t1ty 10 uOt Ictlbl many oAt AenOlout ouu
offend through ignorance. Many are born
among offenders and habitu ated to wrong
with no natural mentality tending TO it.
Msny are weak-minded and yet no tools, and
are easily led, persuaded or scared into doing
wrong.
Offenders can not be separately considered
by the law in the first steps. The only
question it can ask is, ''are they ofenders2"
II they are, restraint must follow. When
under restraint the law begins the work of
education. They are classified. Their men,
tai tendeE cies and balance are ascertained.
They are put into companies in such selec-
lions as are most likely to effect the best re-
suits. They are taught to labor. A system
OF education begins and is conducted with
view to develop the latent or defective
moral forces, curb and restrain
the too prominent animal aud
vicious tendencies, and enable them
as far as possible to comprehend that OBJ
servance of order Is best, and Why 1t is best.
To understand that no liberty or personal
gain can be permitted, without obedience to
law, and that with that obedience they will
be best off, II there Is intellect enough to
enable the person to learn this, and moral
anchorage enough in the character OF the In
dividual to hold them faithful to and en-.
deavor to practice 1t, they can be sent out
on trial, under surveillance. 70 MAKE stssso