THE PUNISHMENT OF CRIMINALS. 539 



one of the pests from which our cultivators suffer. Not one 

 colony, but the whole of the colonies, cannot but benefit fi-om the 

 labors of such a body of scientific men, and any discoveries w^hich 

 tend to ameliorate or to defeat the ravages of any one or more of 

 those pests must be of equal value to all of the colonies ; therefore, 

 the whole of the colonies should unite to establish a Federated 

 State Board of Horticulture. 



o-^>-o 



■LABOR, LAND, AND REVENUE. 

 Bij A. B. BIGGS. 



8.— THE PUNISHMENT OF CRIMINALS. 



By W. H. BZTNBEY, a Judge of the Supreme Court oj South Australia. 



QUESTIOiN" ATTRACTING THE ATTENTION OF SCIENTIFIC 



AND THOUGHTFUL MEN-WIDE DIFFERENCE OF 



OPINION UPON IT. 



The subjects referred to in the following remarks are probably 



unattractive to many people. It is, however, unfortunately 



impossible for all to avoid their consideration, as those placed in 



the position of administrators of the Criminal Law have but too 



good reason to know. 



There can be no doubt that at the present time very great 

 interest is taken by reflective men in the question of the punish- 

 ment of criminal offenders. This tendency is especially notice- 

 able in scientific andliterarj' circles. In England, in America, and 

 in the Australian Colonies we find articles in reviews and news- 

 papers, letters to the press, and occasional references upon public 

 platforms, all testifying to the thought that is being given to the 

 subject. It is most interesting to note how widely divergent are 

 the views expressed. For want of a better definition, I will define 

 them as the two extremes and one moderate currents of opinion. 

 Following the example of past generations, one portion of the com- 

 munity advocates exemplary punishment, and appears to adopt, to 

 some extent at least, the views propounded by the great criminal 

 jurist, Sir James Fitzjames Stephen. That learned and fearle.«s 

 Judge in effect says the Criminal Law proceeds upon the principle 

 that it is morally right to hate criminals, and highly desirable that 

 criminals should be hated ; that the punishment inflicted upon 



