The sun., 1894-04-29
Punishment by Whip.


tendency Of penal legislation everywhere
has been toward decided mitigation Of se-
verify. The old codes have been mercifully
revised. diminishing the gravity Of offences.
shortening the terms OF imprisonment. and
requiring humane treatment OF prisoners.
There has developed q widespread senti-
ment against capital punishment In any
form, or. II 1t must be inflicted at all. against
any but the quickest and most painless
method. Women are seldom convicted Of
serious crime. The courts have created and
construed rules Of evidence 80 strongly
In favor Of accused persons that convictions
Of all sorts are difficult to obtain. Great
improvements have been made In the con-
struction, sanitation. and general health
fulness OF prison buildings. The rigidity
OF prison discipline has grown more and
more relaxed. Prisoners get better food
than formerly. see their friends oftener.
hear from the outer world almost as
they please. and are allowed to receive
books. newspapers. soft bedding, and
nice things to eat in practical abundance.
Numberless statutes have been enacted
providing for the tender treatment Of GRIM
inals. such as those creating reformatories
and houses OF refuge for youthful Offenders.
providing large Communication OF sentence
for good behavior. and so limiting the terms
OF confinement that prisoners are not dis
charged at an unfavorable period OF the
year. The punishments suffered to be In
fl!cted on refractory and mutinous prison.
ers have been decreased In number. and
only those felt to be mild ones are allowed
to be retained. Tales Of prison abuses are
found to win popular credence easily and
excite Indignation. and the proprietors OF
sensational newspapers have long recog-
nized as standard article Of trade. whose
sale Is ready and profitable at any season.
accounts OF tho horrors Of homes. asylums.
prisons. and other institutions maintained
by the public funds.
The cause OF this Is the general civilizlng
and humanizing character of our century.
In which we all take just pride. Yet there
Is a growing conviction on the part OF In
telligent people that society Is getting
much too tolerant OF offences against itself.
and has divested OF q good deal OF their
proper terrors the influences which deter
aud correct evildoers. Men In fiduciary
places steal millions and get of with them
because OF the difficulty OF furnishing per-
sons who have occupied high social position.
II convicted and sent to Jail they seldom
serve their full sentences. The Anarchist
with his torch and bomb has been fostered
up to his present state because society has
been slow to interfere with freedom OF
speech and action. The murderous crank
walks the streets with leering face and
cooked pistol because a hair-splitting def
milton OF his sanity has been allowed
by the law. and there is an extreme de-
sire not to unduly trespass upon the
liberty OF the Individual. When he
kills some one a bevy OF philanthro-
psts rush forward to defend him. That
there Is reaction against this state OF
things Is plain enough. and part and parcel
OF 1t is the protest OF European sociologists.
already noted In The Sun. against any fur
ther coddling and cosseting OF the social
outcasts who are inmates OF our penal insti-
tutions. Criminals should not be regarded
merely as unfortunate individuals TO be
pltied rather than punished. who have sinned
by force OF heredity or too strong temp
tatlon and hardly by their own fault at all:
but as wicked creatures who have dellber-
ately assailed law and order. whose pun
ishment should be made dreaded and terri
BILE; men who are. for the most part. thor
oughly desperate and hardened. incapable
OF reformation. who ought to be thankful
that society has mercifully spared to them
their wretched and abandoned lives.
One needs to go no further than our own
city to observe the truth that our prisons
are not regarded by the guilty as places
where severe ehastisement is meted out to
crime. The various penltentiares. for
whose support the taxpayers Of New York
pay an enormous annual sum. are. of course.
for misdemeanants only. or those who have
committed minor offences. But We believe
We understate the fact when We aver that
the persons in charge OF these institutions
will declare that the great majority OF the
criminals under their care do not account
II any shame or punishment worth men
tioning TO be there. and only object TO their
confinement for tho restraint IL temporarily
puts upon their evil courses. These in
mates are better fed. better clothed. and
live better In every way than they other
wise would. It Is no uncommon thing for
the better class OF them 10 object 10 their
discharge when the time for Il arrives. and
to beg to be retained as servants.
The attaches of our City Prison aud
OF our various police courts well
know the large number OF offences that
are committed for the distinct purpose