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THREE:CHAPTER X. SUGGESTIVE INTERROGATIONS—DEPOSITIONS.D’Alembert, Diderot, Helvetius, Buffon, Hume, illustrious names, which no one can hear without emotion! Your immortal works are my continual study, the object of my occupation by day, of my meditation in the silence of night. Full of the truth which you teach, how could I ever have burned incense to worshipped error, or debased myself to lie to posterity? I find myself rewarded beyond my hopes[6] in the signs of esteem I have received from these celebrated persons, my masters. Convey to each of these, I pray you, my most humble thanks, and assure them that I feel for them that profound and true respect which a feeling soul entertains for truth and virtue.

THREE:Are torture and torments just, and do they attain the end which the law aims at?

THREE:One thing that might be done, which would also serve at the same time to keep a prisoner’s family from want, the main source of crime, would be the formation of a Prisoners’ Fund, for his and their benefit. For this there is a precedent in a quite recent Act. For the Act, which abolished the forfeiture of a felon’s property, enabled the Crown to appoint an administrator of it, for the benefit of the persons injured by the crime and the felon’s family, the property itself and its income reverting ultimately to the convict or to his representatives. There could, however, be no objection in justice to the forfeiture of a proportionate part of every felon’s property, such forfeiture to be dedicated to the formation of a fund, out of which assistance should be given, both to the families of prisoners during their custody and to the prisoners themselves on their discharge.[62] Such a fund might be still further increased by the substitution of a lien on a man’s wages or income for many minor offences now punished, but not prevented, by imprisonment.

THREE:

THREE:It is unhappily no mere theory, that the majority of crimes are committed precisely by those who risk most in committing them; by those, that is, who commit them with the aggravated penalty full in view. By the existing law (of which both the Criminal Code- and the Penal Servitude-Commissioners have proposed the mitigation) anyone convicted of felony after a previous conviction for felony is liable to penal servitude for life, or to imprisonment with hard labour for four years, with one or more whippings. The minimum punishment for a second conviction of felony is seven years. Yet, with the knowledge of such increased punishments before their eyes, with the full consciousness of their liabilities as old offenders, official statistics show that of both the male and female convicts in the English convict prisons considerably more than half have incurred previous convictions.[50] Of the male convicts in 1878, 79 per cent.,[93] and of the female 89 per cent., were cases of reciduous crime. May it not, then, be argued from such a failure of the system to an error in the principle on which it rests? For is it not evident that the aggravated penalty does as little to deter as the original punishment does to reform? Injuries that are personal and affect a man’s honour—that is, the fair share of favour that he has a right to expect from others—should be punished with disgrace.