In connection with Punishments as understood in England, and Penal Reformation, [Footnote: Corporal Punishments and Penal Reformation, Francis Newman, 1865.] he owns that "it has hitherto been most difficult to discover what due punishment of felony will not demoralize the felon." And of course, undoubtedly, that is the crux of the whole matter. But there is no one in England to-day but will agree that some change in our prison system is imperatively needed. Only the other day a woman, thoroughly qualified to judge, declared that the inevitable effect of prison life on women was to make them lose their self-respect. It was a degradation and nothing else. Now a punishment practically loses its whole point if it is simply a lowering, without any building up; while apart from any other considerations, to herd, without due specialization, a number of criminals and misdemeanants (for that last is the true description of very many who are punished by this system of incarceration) tends, in many instances, to increase, by "evil communications," the numbers of those who are in for a first offence only, and would not, but for the enforced bad influence of others in prison, offend again. Newman's conclusion of the whole matter as regards prisons is irrefragable: "In order to prevent crime, the institutions which generate crime must be remodelled." He urges upon the nation's consideration that for a great many cases which now fill our prisons (thereby adding enormously to the national expenses) there is a very simple punishment, which has been condemned from many modern points of view as being degrading to the sufferers and brutalizing to the inflictors.
"The infliction of flogging," he argues, undeniably answers in these cases, both as a sharp and effectual punishment, and also as a deterrent from future misdoing. "To us it appears an obvious certainty, that whatever punishment is believed to be righteous—whether the whipping of a child, the shooting of a soldier, the constraint of the treadmill, or whatever else—is wholly free from the least tendency to brutalize the officers who inflict it." As to the wisdom of this statement, one would think, there could be no question. He quotes our old laws as regards the practising of public floggings, and adds, "We cannot hesitate to believe that all outrages on women ought to be punished by the severest whippings…. Dastardly offences against the weak and the weaker sex eminently call for this punishment; and in such offences may be included the seduction of a woman." That offences against the body should be visited by punishment on the body is beyond all doubt just. Had we been in the past, or were we at the present moment, as eager as we ought to be for defence, for justice, to be given to the citizeness as equally as to the citizen, there would not be so many wrongs done to the weaker sex as now is the case in England. Newman strongly condemns long sentences and transportation, not so much on account of the prisoner, (though for him the long term of "doing time" with other criminals exercises in most cases a distinct low moral tone upon himself) as on account of his wife and family, if he is married. These people are left without news of him, and without their legal means of subsistence during his absence. His wife often indeed, practically becomes a pauper.
"It is vain to talk of the evil of 'degrading' a criminal by flogging him, if we degrade him by penal labour, subjecting him to a very ignominious and tedious slavery. It is vain to say that whipping demoralizes, until we have a system of effective and severe punishment, clearly free from this danger…. A felon destined to long penal servitude cannot fulfil a father's duties, and no one is so weak as to imagine that his commands concerning his children deserve respect.
* * * * *
Legislation must deliberately study this problem, not wink at it."
[Footnote: Corporal Punishments and Penal Reformation.]
Perhaps when it does, something more stringent will be determined on concerning our regulations as regards the marriage of criminals: those with insanity or inherited disease strongly marked on their family records; and those who have shown the tendency to the latter in their own persons.
CHAPTER XIII
SOME LEGISLATIVE REFORMS SUGGESTED BY LECTURE AND ARTICLE
Fifty years ago Newman was cutting and polishing his diamond scheme of legislative decentralization till its facets flashed to the lighted intellects of the world a thousand messages—a thousand clear-cut suggestions for the welfare of his country and the betterment of its legislation, as he firmly believed. He was never tired of urging it on the notice of his fellow men, never tired of pleading for it as a solution of many social difficulties, as a setting of many dislocations of our local systems. Perhaps there was no more earnest apostle of decentralization than was Francis Newman. But at the same time, to be fair to him, it should be said that, first, he threw light upon the old paths, and, secondly, showed where modern obstructions lay which seemed to him to hinder true progress. At all costs the fact must be kept well in view, he believed, that the paths were made for the men, not the men for the paths —a fact which is not always so well remembered as it should be to-day. Fifty years ago he published an article in Fraser's Magazine on "Functions of an Upper House of Parliament." Eight years later he gave a brilliant lecture [Footnote: In the Athenaeum, Manchester.] on "Reorganizations of English Institutions." In this last he touched only briefly upon the former subject because of a notice by the metaphysical railings of his lecture that he was "to keep to the path," and not speak trenchantly on the question of the Upper House, because it would not have found an appreciative audience there!
To begin, however, first upon the article which came out in 1867. He affirmed that the House of Lords does, by its veto, exercise a very powerful, though unseen, influence over the administration of the country. He insisted on the urgent need of its becoming "a real, supreme, judicial court for maintaining the rights of the princes of India, and an authoritative expounder of the treaties which have passed between us and them." It will be seen why this step is called for when we recall the fact that in 1833 the Home Government signed a treaty in which it was definitely agreed that the professions in India should be open to the natives—a promise which has never been kept.