that to read statistical tables aright, something more is required than a knowledge of the rules of arithmetic. A few sound principles, based on a knowledge of human nature, and the elementary bonds of human society, may often preserve us from false deductions, which seem to be the sure product of the array of figures that are presented to us.
We intimated that Captain Maconochie's pamphlet contained what appeared to us a valuable contribution towards a good prison discipline. That contribution is simply—the commutation of time of imprisonment for quantity of labour to be performed. The amount of work done by the prisoner could be estimated by certain marks awarded or reckoned to him, and the duration of imprisonment measured by the number of those marks to be earned, instead of a certain fixed number of months or years. This is a very simple idea, and is all the better for its simplicity. The punishment would be probably rendered more effective as a threat, and the moral effect of the punishment, when inflicted, would be much improved. A compulsion to labour (which becomes, in fact, a compulsion of moral motive, as well as of sheer external control) may lead to a permanent habit of industry. There would be all the difference between the listless and disgustful labour of enforced time-work, and a labour in part prompted by the hope of expediting the term of release. An idle vagabond might thus be disciplined and trained into an industrious workman.
We have no doubt that this principle has already been partially applied in the management of our prisons, and perhaps in more instances than we at all suspect; but that it has not yet been extensively applied, or received the trial which it appears to merit, is certain—because such an experiment must have been preceded by a very notorious and signal alteration in our laws.
We should be doing an egregious injustice to Captain Maconochie if we were to judge of him only by the instances we have given of his powers of general reasoning. The perusal of his pamphlets has left in our mind a strong impression of the manly character and practical ability of their writer. If his abstract reasonings are sometimes perverse, we are convinced that his practical good sense is such, that in the management of any enterprise, he would in reality so order his proceedings, that, whatever his pen might do, his conduct would contradict no sound principle of expediency. If it were the object to reclaim a set of felons or vagabonds, and fit them—say for the naval and military service—we are persuaded that the task could not be confided to better hands than those of the gallant Captain. During his residence at Norfolk island, he seems to have obtained the esteem of even the worst of the sad crew he had to discipline; and this, it is evident, without sacrificing a jot of the duties of his station. He is plainly not the man to make any boast of such a matter, or to feel too highly flattered by it. "Instances of individual attachment to myself," he says, at the conclusion of his pamphlet On the Management of Transported Convicts, "I could multiply without number; but these, for obvious reasons, I forbear to quote; and in truth they as often pained me as pleased me, by being too deferential. It is a great and very common mistake, in managing prisoners, to be too much gratified by mere obedience and servility: duplicity is much encouraged by this; and, of two opposite errors, it is better rather to overlook a little occasional insubordination. I cannot refuse, however, to cite two traits, whose character cannot be mistaken. I had a large garden within a few hundred yards of the ticket-of-leave village at Cascade, where from 300 to 400 men lived, four to six in a hut, never locked up, nor under other guard through the night than that of a police sentry, one of their own number. The garden was by the road-side, very imperfectly fenced with open paling, and fully stocked with choice fruit and vegetables, bananas, pine-apples, grapes, melons, and others, which to men on a salt ration must have offered a great temptation; these were constantly under view, yet I scarcely ever lost any. And by a letter, received a few weeks ago, I learn that five men, having picked up an old black silk handkerchief that had belonged to me, have had their prayer books bound with it." 1
The Captain's theoretical error is, that he too much confounds the necessity of penal laws with the duty of public education. The duty of the state to educate its subjects is undeniable; but, when criminals are brought before it, this is not the duty which is then most prominent. This is a duty which ought to have been performed before—it is a duty which ought not to be forgotten then; but there is another function which comes into operation, which is typified by the judge, not by the schoolmaster.
We observe that Captain Maconochie confirms, from his own experience, the opinion already expressed by many others upon the policy of solitary confinement. For a short period the effect is good; but, if prolonged, it leads either to stupid indifference or moroseness of temper, if it does not conduct even to insanity. It is, manifestly, an expedient to be cautiously used. We should, before any appeal to experience, and judging only from the nature of the human mind, have confidently predicted this result. And, indeed, has not the effect of solitary confinement been long ago understood and powerfully described? In that delightful tale of the Arabian Nights, where the poor fisherman draws up a jar from the bottom of the sea, and, on opening it, gives escape to a confined spirit or genie, this monster of ingratitude immediately draws a huge sabre, with the intention of decapitating his deliverer. Some parley ensues; and the genie explains that he is only about to fulfil a vow that he had made while incarcerated in the jar—that, during the first thousand years of his imprisonment—and, to an immortal genie, a thousand years may reckon as about two calendar months with us—he promised to his deliverer all imaginable blessings; but, during the second thousand years, he vowed that he would kill the man who should release him! Could there possibly be a better illustration of the effect of solitary confinement?
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?
Zschokke's Aehrenlese.—Part I. Pandora,
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
