But on the peculiar modifications of prison discipline, it is not our purpose here to enlarge. This must be reserved to some future occasion. We must content ourselves with observing, that we have little confidence in novelties, and little wish to prompt the invention of our legislators in this direction. We are as little disposed to advocate the silent as the solitary system. Such a demeanour as any reflective man would naturally expect to find in a place of public correction, is all that we should require to be preserved. All boisterous mirth, all obstreperous laughter, all loud talking, would, by every efficient governor of such an institution, be systematically repressed. The labours of such an establishment should be conducted with stern military order. Every inmate should feel himself under an irresistible domination, and that obedience and submission are the only parts he has to enact. How easily the strongest minds may be led astray when scope is given to invention in this matter of penal discipline, may be seen in the example of Jeremy Bentham himself. This celebrated man, whose cogitative faculty was assuredly of the most vigorous description, but who had a mode of developing it the most insufferably and needlessly prolix, would have filled our prisons with inextinguishable laughter by the introduction of certain "tragic masks," indicative of various crimes or passions, in which the several offenders were to be occasionally paraded—a quaint device, which would have given a carnival to our jails.
Our main purpose, in these somewhat fragmentary observations, was to protest against the reasoning which would divest punishment of its proper and distinctive character, which, spreading about weak and effeminate scruples, would paralyse the arm which bears the sword of justice. One writer would impugn the right of society to put its arch-criminals to death; another controverts its right to inflict any penalty whatever, which has not for its direct object the reformation of the criminal. So, then, the offender who will not live with his fellow-men on the only terms on which human fellowship can be maintained, is to stand out and bandy logic with the community—with mankind—and insist upon his individual imprescriptible rights. These à priori gentry would find it very difficult to draw any advantage from their imprescriptible rights, except in a state of tolerable civil government. Civil government is, at all events, the condition on which depends the enjoyment of all individual rights; without which they are but shadows and abstractions, if even intelligible abstractions. Let us have no more, therefore, of an opposition between the rights of individuals and the stern, imperative, expediencies of society. There can be no such opposition. Is it not as if some particular wave of the sea should assert a law of motion of its own, and think it injustice to submit to the great tidal movements of the ocean?
REFERENCES.
Zschokke's Aehrenlese.—Part I. Pandora, Civilization, Demoralization, and Death-punishment.
On the Management of Transported Criminals. By Captain Maconochie, R.N., K.H., late Superintendent at Norfolk Island.
General Views, &c. &c. By the Same.
[1] Amongst the anecdotes which are told in this concluding portion of the pamphlet, we were struck with the following, which affords a striking instance of that tendency to run a-muck from time to time by which some men are unhappily afflicted:—"One of them, at length, showed strong indications of approaching insanity. He became moody, and twice attempted to destroy himself. I thought that possibly change of occupation and diet might benefit him; and I brought him to my own garden in consequence, and sought to feed him up. But he rather got worse. I remonstrated with him; and his answer was a striking one—'When I used to be in this way before, I could get into trouble, (commit an offence, and incur a severe punishment,) and that took it out of me; but now that I try to behave myself, I think that I am going mad altogether.'"
PÚSHKIN, THE RUSSIAN POET
No. III.
Specimens of his Lyrics.