Year: 1869

We know on the highest authority
that it is out of the heart that all -offen


ces come, and that the purifying of the
source is the only efiectual way OF
cleansing the streams that flow from it,


This is what humane and philosophi-
cal penal system should propose to it


self If a man is in a mental and bodily
condition that makes him dangerous to
society, society has perfect right to
separate him from the body polite and
subject him to such restraint and treat
ment, moral and medical, as may restore
him TO social health again. The analo-
gy between the morbid and mental
conditions of the guilty criminal and
IT those OF the innocent lunatic is suffi-
ciently perfect to guide us to practical
results. F... -.--. -H.
l. Now, when man is clearly a lunatic,


who cannot be left at large without
danger to himself and others, and whose
only hope OF cure lies in wise treatment
! apart from his old associates, he is not
committed to a hospital for a certain
specified time, then to be discharged,


whatever may be his mental condition.
| He is detained and treated until he il
! cured-the fact of cure being determined
| by competent experts whose lives are
devoted to the study ofsuch cases. Why
should the men whose depraved passions
! and imperfect self command lead to
crimes against persons and property be


let loose upon society merely because
| they have spent certain number OF


months or years in penitentiary, when
there is no reason for believing that they


are cured of their vicious propensities?
| Cure should be the essential element of


release. Now, when our penal estab-
lishments are placed, as we have lately


urged, in charge of men of scientific


training and special adaptations, as our
lunatic hospitals are; the first step will


have been taken toward the new state
of things, which we have no doubt will


be as much in advance of the present as


this is of what prevailed fifty years ago


Then every case can be treated scientifi-


cally by ITSELF like cases of insanity,


and detention or release determined by
! the results of the treatment. The SUD
stitutiOn of a class OF men like the slI-
perintendents of the establishments fol-
the insane, the idiotic, the deaf and


dumb, the inebriate, for the class tina,


now conduct them, however humane


and well-meaning they. may be, is the
| first and Indispensable condition of any
change i'll the present system.


This condition satisfied, the process,
| rs we have conceived it, would be some


thing on this wise. The judge, after the
| crime had been properly brought home


to the accused Dy the verdict of the jury,


would relegaue him to the penitentiary,
without any Limitation of sentence,
there to abide until the superintendent
should decide that he was fit to be re-
stored to society. lncOrigible offenders


would be permanently separated from
the community which they cannot re
At tr.,i m thanlSalvas from iniurinr SlIcb
Superintendent as we have supposed


would make study ofevery case, apply


the treatment suitable to each, unite the
discipline of the mind with that of the
body, and make punishment a wist


means of reformation. And he would he


the fittest. person to decide when the
subject could be safely restored to the


world, or whether the public security
required his permanent sequestration
from, it,. To guard against too hasty


discharges, it might be made impera-


tive that no convict should be dIscharg


ed until he wss master of some handi-
craft by which he could support himself.


A board of visitors, composed of men of
the highest Standing, above all suspi-
cion, might be formed, who should pass
upon each case, and Affirm or disallow
tue decision of the superintendent, with
an appeal to the governor or the chief
justice of the highest court, in cases OF
doubt, The details of the new system
would soon take care of themselves. All
the manifold mischiefs attending on the
par loning power as new exercised, and
on the inequality of sentences for often
ses of the same gravity, would be thus
cured; and. as far as is consistent with
human infirinity, the good of the honest
and rvirtuous part of the community


4 l. LII 81 g.
ton of the guilty portion and promoted
by it. 1t would be q wise tempering
ofjustice with merey.-N. Y. Indepen-
dent.