“You never felt poverty. You never were comparatively tempted to crime.” “A noble,” say they, and truly, “a noble is tried, is judged by his peers, as being those who alone are considered to know, to be able to appreciate his case. Let poverty have her peers also.” “My poverty and not my will consented” is a phrase to which too little consideration is given when we discuss the question of crime and punishment; for though poverty cannot be pleaded by the criminal in justification of his offence (nor should such justification be permitted in the legal view), Society, whose interests are represented by the tribunal which adjudges, should be careful that any circumstances or defects in its conformation which may have had a tendency even to induce the criminality of the culprit, should go in mitigation of his punishment. It would be a startling observation in the present day, and one for which Society is not yet prepared, to hear the assertion made that punishment for crime is more often unjust than just; but after much reflection on the origin of crime, humanly speaking, I am constrained to come to this conclusion: that the criminality of individuals is more frequently traceable to the evils incidental to an imperfect social system than to the greater propensity towards crime, as affecting others, that exists in the heart of one person if compared with another. Had the judge or the prosecutor entered life under the same circumstances as the prisoner, been early initiated into the same habits, been taught to view society through the same distorted glass, and had their feelings blunted by the same cold blasts of adversity, who shall say what their respective positions might have been?
In the phrase “My poverty but not my will consented,” let me not be understood to speak of poverty merely in the light of want of money; that is a very narrow view, and very confined as to what forms the real pains of poverty. Poverty is the want of means, intellectual and moral as well as pecuniary, to feed the being who is placed on the area of the world; with mind active as well as body, sustenance is necessary to its existence. If the poor man cannot obtain bread, he takes to gin to assuage cravings of the stomach. No less, if the mind cannot obtain light to guide it in the onward path, the visual organs become habituated to the dark and murky gloom of almost darkness; and through these confused gleamings, no wonder if the being fall into the pits and whirlpools which beset with danger the pathway of man, even when blessed with the clear light of day; how much more, therefore, when he has not light to discern good from evil, nor an intellectual poor-law to supply him with food, when a beggar by the way-side of knowledge! How strange it is that we can incarcerate the bodies of the poor because they are poor, objecting to let them be dependent on casual charity for bodily sustenance, and yet cannot be equally strict in legislating for the mind.
Surely if, as members of one common society, we contend it is necessary for the well-being of the community at large that each person should be provided with work to enable him to procure food, and that if persons be unable to obtain work, or purchase food, then that the State shall provide for them,—should we not equally be provident for the mental as well as we are for the corporeal wants of those who hold a less fortunate position in the scale of society; more particularly when we reflect on the effect mind has on matter, and that did we sufficiently provide for the former, each individual would probably find little difficulty in procuring a supply for his bodily wants.
The poverty of the mind, if relieved, will probably be a permanent good; whereas bodily relief is at best but temporary. How vast, too, is the effect of knowledge, on the creation of food. Knowledge teaches industry; knowledge and industry multiply an hundred fold the product of labour. Comfort and security are thus increased; idleness, and consequently crime, is diminished,—for a man of information is seldom idle, and one surrounded with comforts is rarely inclined to commit crimes against society.
Would not, therefore, the effects resulting from education be the best preventative of crime?—and, if so, heavy indeed is the responsibility of every man who puts an impediment in the way of a nation’s enlightenment. Circumstanced as Great Britain now is, internally speaking, with her countless millions congregated or hived in large towns, ready to follow any leader of more daring or greater knowledge than themselves, comparatively indifferent as to the means for compassing any much desired end,—though actuated by no wish to work ill to others, even when excited beyond the unmanageableness of irrational physical force,—there is much to be feared from the effects of any combustion which might suddenly inflame a people thus charged to the full with every ingredient requisite for scenes of violence, whilst at the same time, through a strong line of prescribed demarcation, separated from the privileged classes; and it cannot but be mainly by the controlling power of knowledge that we can expect to see the masses endeavouring to be satisfied with their lot in life. Thus it is, as I have before asserted, that the poverty of opportunity for information, and consequently acquirement of knowledge, originates much of the present state of crime. Oh, that I could distinctly see my way through the halo which as yet obscures that glorious day, when ignorance shall be deplored as much as shame! With what satisfaction would the statesman then die and bequeath his country to the care of, not the fate of accident, as now, but the masses of its own population. Methinks the gleam which harbingers this bright morning, already, though faintly, begins to tinge the horizon, under the happy auspices of our beloved Queen; and to the credit of the liberal advisers of Her Majesty, a more liberal arrangement of schools has been established,—though it probably remains for ages yet unborn to develope fully the blessings of such a system. Well worthy, aye, brighter than a diadem of a thousand stars, is the advancement of a nation’s happiness. May such thoughts have our beloved Queen’s deep and considerate attention; and as her noble mind traces, on an ideal map, the future destinies of her people, and turns to times when another generation, with its train of guilt or happiness, shall arise, may she anticipate in time the benefits which will flow from a system of general education!
But if these things be now lightly accounted, the time may arrive when population shall be yet more dense, and the strong arm of numbers become yet more strong; for if no countervailing power intervene, force and numbers must prevail at last, and there must come a time when it will alone depend upon the respective powers of intellect or animal force being dominant, whether confidence in our stability shall be shaken, capital cease to be here expended, and commerce leave our shores,—whether, in fact, brute force or reason become the recognized sovereign of the people; whether the influence of intellect has been fostered, and nobler thoughts and more refined pleasures become the pastime of this great nation. Then, but not till then, will crime hide her head, and the race no longer be to the swift or the battle to the strong: a calm and steady breeze will temper the course of the swift to wrath, or the powerfully scientific lever of knowledge uproot violence out of the councils of the nation; for they will then appreciate law, knowing it is peculiarly the palladium of the defenceless, and confident in the strength of their cause, they will cast off the trammels of tradition, form unions of information, not restriction; and when the various classes of society shall have learned to know that each has his proper duties, each his proper limits, each is equally necessary to each, whose strength is a combination of the whole,—like the arch, sure to drop to pieces if the key-stone were removed.
Oh, how the heart bleeds to reflect on the pains which are taken to render efficient the laws for punishing crime, and the little care to fortify the minds of the people to resist the first impress of crime. Train up the child in the way he should go, and he will not depart therefrom. If, therefore, we train it not up, it never has wherefrom to depart, but is cast forth, like a helmless, pilotless bark, on the waters of life; strange if it founder not, or at least if it become not damaged by striking on some of the shoals by which it is beset on every side. We talk of “penal laws” or a “penal settlement” as though the aim and intention of laws were to be penal, instead of being as they most decidedly are, or ought to be, sanitary. Wherefore do we, as we term it, punish, but to cure an evil which hurts and pains society? Just so we cauterize a wound, in order to heal the body, not for the sake of giving pain to the affected limb.
The very fact of the common acceptation of the word penal, as applied to our criminal system, is of itself a strong proof of the misunderstanding on which that system is founded, and on which we legislate. If we arrogate to ourselves a right to judge men for their criminality, instead of urging our only legitimate excuse for punishing, namely, “the giving over the offending member to that course of discipline we deem most likely to restrain a similar disposition to delinquency in another member of the frame-work of society,” let us at least carry out this principle to the full extent; and then the man who cheats his neighbour of money by availing himself of his ignorance, and leads him to make an improvident bargain, will be deemed as guilty in the eye of the law as he who, throwing him off his guard, surreptitiously conveys his hand into the other’s pocket.
But it is really absurd to talk of laws being framed to punish sin. It is to restrain others, as well as the culprit himself, from similar offences that pains and penalties are inflicted. If they fail of this end they become themselves improper; if the same end can be attained by a mild as by a severe sentence, the milder course should be adopted.
Perhaps there may be some who are only timid regarding the total abolition of capital punishment because they are fearful of a license being given which would render human life of less value in the sight of man. Can then the destruction of a second life increase the reverence for its sacredness? Surely, not! If we were, in imagination, to place ourselves in the chamber of the condemned, or by the fire-side of the mere spectator of an execution, we shall find the heart of the first generally in a morbid state, whilst the spectator commiserates the fate of the condemned more than he learns to reprobate the crime for which the guilty one suffered.