Our Saxon ancestors, fierce as they were in war, had but few executions in times of peace; and in all commencing governments, that have the print of nature still strong upon them, scarcely any crime is held capital.
It is among the citizens of a refined community that penal laws, which are in the hands of the rich, are laid upon the poor. Government, while it grows older, seems to acquire the moroseness of age; and as if our property were become dearer in proportion as it increased—as if the more enormous our wealth, the more extensive our fears—all our possessions are paled up with new edicts every day, and hung round with gibbets to scare every invader.
I cannot tell whether it is from the number of our penal laws, or the licentiousness of our people, that this country should show more convicts in a year than half the dominions of Europe united. Perhaps it is owing to both; for they mutually produce each other. When by indiscriminate penal laws a nation beholds the same punishment affixed to dissimilar degrees of guilt, from perceiving no distinction in the penalty, the people are led to lose all sense of distinction in the crime, and this distinction is the bulwark of all morality. Thus the multitude of laws produce new vices, and new vices call for fresh restraints.
It were to be wished, then, that power, instead of contriving new laws to punish vice, instead of drawing hard the cords of society till a convulsion come to burst them, instead of cutting away wretches as useless before we have tried their utility, instead of converting correction into vengeance—it were to be wished that we tried the restrictive arts of government, and made law the protector, but not the tyrant, of the people. We should then find that creatures whose souls are held as dross, only wanted the hand of a refiner; we should then find that wretches, now stuck up for long tortures, lest luxury should feel a momentary pang, might, if properly treated, serve to sinew the state in times of danger; that as their faces are like ours, their hearts are so too; that few minds are so base as that perseverance cannot amend; that a man may see his last crime without dying for it; and that very little blood will serve to cement our security.
CHAPTER XXVIII.
Happiness and misery rather the result of prudence than of virtue
in this life; temporal evils or felicities being regarded
by Heaven as things merely in themselves trifling,
and unworthy its care in the distribution.
I had now been confined more than a fortnight, but had not since my arrival been visited by my dear Olivia, and I greatly longed to see her. Having communicated my wishes to my wife, the next morning the poor girl entered my apartment leaning on her sister's arm. The change which I saw in her countenance struck me. The numberless graces that once resided there were now fled, and the hand of death seemed to have moulded every feature to alarm me. Her temples were sunk, her forehead was tense, and a fatal paleness sat upon her cheek.
"I am glad to see thee, my dear," cried I; "but why this dejection, Livy? I hope, my love, you have too great a regard for me to permit disappointment thus to undermine a life which I prize as my own. Be cheerful, child, and we may yet see happier days"
"You have ever, sir," replied she, "been kind to me, and it adds to my pain that I shall never have an opportunity of sharing that happiness you promise. Happiness, I fear, is no longer reserved for me here, and I long to be rid of a place where I have only found distress. Indeed, sir, I wish you would make a proper submission to Mr. Thornhill: it may in some measure induce him to pity you, and it will give me relief in dying."
"Never, child!" replied I, "never will I be brought to acknowledge my daughter a prostitute; for though the world may look upon your offence with scorn, let it be mine to regard it as a mark of credulity, not of guilt. My dear, I am no way miserable in this place, however dismal it may seem; and be assured that, while you continue to bless me by living, he shall never have my consent to make you more wretched by marrying another."
After the departure of my daughter, my fellow-prisoner, who was by at this interview, sensibly enough expostulated upon my obstinacy in refusing a submission which promised to give me freedom. He observed that the rest of my family were not to be sacrificed to the peace of one child alone, and she the only one who had offended me. "Besides," added he, "I don't know if it be just thus to obstruct the union of man and wife, which you do at present, by refusing to consent to a match which you cannot hinder, but may render unhappy."