"The infliction of flogging," he argues, undeniably answers in these cases, both as a sharp and effectual punishment, and also as a deterrent from future misdoing. "To us it appears an obvious certainty, that whatever punishment is believed to be righteous--whether the whipping of a child, the shooting of a soldier, the constraint of the treadmill, or whatever else--is wholly free from the least tendency to brutalize the officers who inflict it." As to the wisdom of this statement, one would think, there could be no question. He quotes our old laws as regards the practising of public floggings, and adds, "We cannot hesitate to believe that all outrages on women ought to be punished by the severest whippings.... Dastardly offences against the weak and the weaker sex eminently call for this punishment; and in such offences may be included the seduction of a woman." That offences against the body should be visited by punishment _on_ the body is beyond all doubt just. Had we been in the past, or were we at the present moment, as eager as we ought to be for defence, for justice, to be given to the citizeness as equally as to the citizen, there would not be so many wrongs done to the weaker sex as now is the case in England. Newman strongly condemns long sentences and transportation, not so much on account of the prisoner, (though for him the long term of "doing time" with other criminals exercises in most cases a distinct low moral tone upon himself) as on account of his wife and family, if he is married. These people are left without news of him, and without their legal means of subsistence during his absence. His wife often indeed, practically becomes a pauper.
"It is vain to talk of the evil of 'degrading' a criminal by flogging him, if we degrade him by penal labour, subjecting him to a very ignominious and tedious slavery. It is vain to say that whipping demoralizes, until we have a system of effective and severe punishment, clearly free from this danger.... A felon destined to long penal servitude cannot fulfil a father's duties, and no one is so weak as to imagine that his commands concerning his children deserve respect.
Legislation must deliberately study this problem, not wink at it." [Footnote: _Corporal Punishments and Penal Reformation_.]