SERGEANT BALLANTYNE ON TRANSPORTATION.

Ashburton Guardian, Volume IV, Issue 945, 17 May 1883, Page 2

SERGEANT BALLANTYNE ON TRANSPORTATION.

The following quotation gives Mr Sergeant Ballantyne’a opinion upon crime and its punishments at the present day, and is taken from “ Experiences,” a book lately published by that eminent legal gentleman ;—lam greatly struck by many, of the features that now present themselves in connection with crime. I think they are very formidable ; more so than ever I remember them, and, unless they are checked, point to an appalling future. There seems to me to be more abstract brutality amongst the criminal classes, and more recklessness of hum \n life, and certainly the contingencies to which the police are subjected while executing their functions are extremely frightful. The question, therefore, must coma to the front, whether our present punishments are the most efficacious that can be applied. . . . When transportation was in force, it created much dread in the minds of the criminals. There was a mystery attendant upon it, and a sense of final separation from every home tie. It operated also most strongly upon their friends and accomplices, thus creating what is moat to be desired—an efficient example to others. Now his friends know where they are, and in the miserable holes in which they themselves grovel, in cold, starvation, and wretchedness, they are apt almost to envy the food and warmth of a prison. There is also another point to be considered if I am right in the view that I have formed. There are classes of criminals that can never be reformed whilst they are allowed to remain in this country, and yet their offences may not justify imprisonment for life. Practically a gaol educates them for graver ones. These include thieves from their birth, but who carry on their trade without resorting to violence. In another country they might find an opening for redemption ; in this, none. There may be political grounds which make it impossible to i evert to the system of transportation. With these I am not capable of dealing ; but my experience may be trusted for knowing that, next to death, it indicted the greatest terror, and to those capable and desirous of repentance the only chance of redemption. The crimes, however, that are now creating a feeling allied to terror in the public mind are those which subject our fellow-creatures to death or cruel injury, and the question requires very grave consideration, and a feeling apart from morbid sentimentality. The punishment of death is still continued, and is thought to be sufficient to intimidate brutal offenders. And of one thing I have no doubt, that there is no example of a criminal, under a capital sentence, who would not with joy exchange the penalty for any other form of punishment known to our law. Why, if it be inflicted and is supposed to be thus efficacious, should it be applied to a result and not to the intention ? Why should a villain, armed with a revolver, maim a man for life whilst in the performance of his duty and escape the gallows 1 I think that the police ought to be told that they shall be furnished, at least, with every protection possible. There were many conscientious and kindly-hearted people who objected to the lash being used ; but surely if a deliberate war is waged by crime, and carried on by reckless violence and brutality against society, the most efficacious means ought to be used to defeat it. lam quite aware that any punishment that shocks the bulk of thinking and observant people could not be established ; but humanitarianism may be carried too far, and we have arrived at a crisis when order must assert itself in language which will produce a deterrent effect upon criminals I do not believe in the preventive effect of long imprisonments. I do believe that mentally and physically they demoralise its victims, whilst after a time the labor ceases to be a punishment, and warmth and food are recognised as the only happiness of Itfe. When released they may still have mind enough left to become the instructors of youth in the quarters already corrupt enough to which they return. I have glanced at the reasons why I strongly advocate a system of transportation. I am confident that it is a most deterrent punishment, and I cannot help thinking that in some of our African colonies it might be carried out. It is said that the unhealthiness of the climate makes it in many cases a death sentence ; but surely, when our soldiers and sailors a e sent there, and when lawyers accept positions embodying every risk, the climate is good enough for our malefactors. It may not be generally known that when transportation was first in use it was not part of the penal code, but in cases of death sentences the choice was offered to the criminal. . . . There is at this

moment an organisation of the foulest crimes, and so long as any punishment is inflicted that keeps the perpetrator within reach of his friends, its dread possesses but small effect. Let the conviction under the summary processesses which are now proposed be followed by a removal from the country for ever, whether with additional punishment or not. Unless 1 have greatly misjudged the effect of transportation, and my knowledge of human nature has gone far astray, there will be introduced a menus of checking crime that at present does not exist either in England Irelandg j