Year: 1873




in the first troubles Of dentition. It Is
minds Of this class which have fallen into
such manifest error in the matter Of Grim
inal legislation. In attempting TO mitigate
the evils of all infections Of legal penalty,
they have lost sight Of the object OF
inficting penalty. There is no question
that there are serious difficulties in all forms
of punishment, If the purpose is taken TO
be merely the reform of the criminal. Thus,
If man is hung, he is useless to the COM
munity, save so far as he furnishes the anat-
omist with a subject If he Is imprisoned
for life, he is available only for such labor
as may be done in q prison; and his labor
must not be allowed to compete, Injurious
ly, with that of those who have done moth
ing to deserve imprisonment. If solitary
confinement is tried, It reduces most sub
iects of it to imbecility, or something very
like it. If associated labor, It is almost inn
possible to prevent the corrupting effects Of
prison companionship. il the prison is
made too comfortable, it loses its terror. II
it is made too uncomfortable, It brutalizes.
II criminals are reformed successfully, this
involves the giving them fresh start in life
when heprison doors are opened, and the
removal of every disability. The thief, the
burglar, the man-slayer are to be placed at
the end of their term precisely where the
honest and peaceable are. Otherwise the
reform viii not be lasting.


This seems to us serious consideration in
those schemes of prison discipline which
provide for diminution of sentence to be
earned by good conduct in prison. Push
this to its full development, and it amounts
to something very like premium on crime.
It would certainly operate as discourage
ment to honest endeavor. II the State Is
to severely let alone its citizens so long as
they behave themselves, leaving them to
struggle on against all trials and depressing
influences, but takes up the criminal, gives
him healthy treatment, instruction, good
trade, and remission of half his sentence /;
and if with this advantage he is to step
forth into certainty of employment and ac-
tive befriending, because he has broken the
laws of God and man, the average mind
will be very likely to reason in favor Of
law-breaking. To do otherwise viii require
a greater degree of moral fortitude than is
we fear, the characteristic of the greater
part of the community.


What now deters men from crimes First
the inward sense of right and wrong-im-
perfect, confused, and weak, as all know
it to be in general To reinforce this comes
the dread of penalty in the shape Of loss Of
| liberty and comfort. furthermore, there
is the sense of disgrace attending these in
fictions. The question then is, how far It
will do to balance the frst-named effect Of
penalty by other advantages, and to remove
the last-named altogether. The last is by
far the most powerful preventive. Take
the case Of political offences under an ar
bitrarv government The higher q mans
sense of honor and love of virtue, the more
surely he will disregard the mere perils Of
imprisonment, or even death, when these
only exalt him into the place Of the martyr
and the hero in the eyes of his fellow men.
The degradation of the criminal is an idea
inseparable from the true idea Of penalty.
Remove that, and punishment is nothing
more than-the simple risk which more or
less attaches to every undertaking.


Many man undertakes business which
he is morally sure will shorten his life by 9
term of years, because it is profitable and
attractive. DR.. johnson said, 'no man
would 90 to sea who had the wit to get
into Jail = and if going to jail were nc
more disreputable than going to sea, We
should find many agreeing with the doctor.
But if the disrepute is to cease with the
Imprisonment, it win inevitably fail to coveI
the Imprisonment. And we confess that
we do not see how these plans Of prison re-
formation are to succeed, unless the disre
pute is to cease when the prisoner is dis
charged He is either a marked man, be
cause he has been in prison, or he is not
If he is, then ne has not the chance Of fu
ture success. If he lis not, then crime is NJ
disgrace. There was q time in Scotland
when It was held that ante-nuptial frailtl
was atoned for by marriage. The conse
auence was that yielding to temptation was
very common. Nothing but the strict rule
of ecclesiastical discipline kept hcens.
within bounds.


The advocates of prison reform, II seemi
to us, are often overlooking the fact tha
legal penalty is the outward and visible sign
of the moral sense of the public agains
crime. In the case of the young It Is diff
ferent. There is the natural and, on thl
whole, salutary feeling that the very younl
may be led into the outward forms Of criml
without a great corruption If the moral na
/ ture; in other words, that they do no
wholly commit the offence-that Is, commi
it in body and soul, but only in body; and
again, that very often, by reason Of imma
: turity, assisted by vicious training, they ar
not wholly responsible. A child may xii
another child without being guilty Of muir
der, because It is too young to know wha
It has done. In such cases the infection 0
/ lifelong sorrow and shame would be no
only unwise, but wrong.


But with the responsible adult the case
different. The law Of the land Is the cz
: preston Of Gods law. II Is partial, i'm
: perfect, because limited by the opportunit
Of human judgment; but, in the state Q
facts to which i applies, It does, and o1gh
TO, set forth the displeasure Of God againl
? sin. It is not mere restraint Of the criml
I nal from doing further injury. Here
where the error Of our friends seems 70 b
found.


Now. It is often argued with great plaus
: bility that punishment docs not pr
| vent crime. We hold this arg
. ment fallacious, for this reason; n


causes which lead to crime operate often


spite Of punishment, but not Of necessit.
D / one Of these Is the low moral sense whie
, makes the disgrace Of the penalty uniel


Another is, the want Of opportunity in 4


classes which furnish criminals Of bein
; ANYTHING better. But to make the arg


ment good, an laws ought 70 be repeaie'


Men who know better often coumit acts


dishonesty; but this Is not because they {


not fear punishment, but because they hop


not without reason, 10 escape detection
. But no mercantile community would eve
{ II its senses, think Of repealing al giatut
, against forgery and swinnling.


. The fact ~, that al this discussion aris
5 out Of partial consideration Of classes
4 crime and the study Of individual criminal


Whether ia certain kinds Of offences ii


elimination might not Be allowed Is que


ton open 70 debate. But We do not


Iieve ia throwing down al barriers, a.


treating the criminal only as suDjcct


philanthropic experiment That good
hayi0f Ia prison should inevitably Short


terms 81 imprisonment We cannot 8
z how 3 rule should BE made not npiver,


and inevitable, save b discdminati'
h among olfences-Wonld, we hold, fatal
!. increase the temptation % crme. Tie aca
q rascal would l)c the one quickest - al
= adranfage 81 Il. Good behavior under 8.
4 forced abstinence Of g pTis0n y not go
e behavior ~ the world. and the erect