Monday, October 22, 2007

As the criminal staggers beneath the accumulated weight of his sin and



its penalty, he should feel that the state is not only just in the
language of its law, but merciful in its administration; that the
government is, in truth, paternal
As the criminal staggers beneath the accumulated weight of his sin and
its penalty, he should feel that the state is not only just in the
language of its law, but merciful in its administration; that the
government is, in truth, paternal. This feeling inspires confidence and
hope; and without these there can be no reformation. And, following this
thought, we are led to say, it is a sad and mischievous public delusion
that the pardoning power is useless or pernicious. It is a _delusion_;
for it is the only means by which the state mingles mercy with its
justice,--the means by which the better sentiments of the prison are
marshalled in favor of order, of law, of progress. It is a _public
delusion_; for it has infected not only the masses of society, who know
little of what is going on in courts and prisons, but its influence is
observed upon the bench and in the bar, especially among those who are
accustomed to prosecute and try criminals. This is not strange, nor
shall it be a subject of complaint; but we must not always look upon the
prisoner as a criminal, and continually disregard his claims as a man.
It is not often easy, nor always possible, to make the proper
distinction between the _character_ and _condition_ of the prisoner. But
the prison, strange as it may seem, follows the general law of life. It
has its public sentiment, its classes, its leading minds, as well as the
university or the state; it has its men of mark, either good or bad, as
well as congress or parliament. As the family, the church, or the
school, is the reflection of the best face of society, so the prison is
the reflection of the worst face of society. But it nevertheless is
society, and follows its laws with as much fidelity as the world at
large.