Chapter 27
The Same Subject Continued.
THE next morning I communicated to my wife
and children the scheme I had planned of reforming the prisoners, which
they
received with universal disapprobation, alleging the
impossibility and impropriety of it; adding, that my endeavors would no
way
contribute to their amendment, but might probably disgrace
my calling.
"Excuse me," returned I, "these people, however
fallen, are still men, and that is a very good title to my affections.
Good
counsel rejected returns to enrich the giver's bosom;
and though the instruction I communicate may not mend them, yet it will
assuredly mend myself. If these wretches, my children,
were princes, there would be thousands ready to offer their ministry; but
in my opinion the heart that is buried in a dungeon is
as precious as that seated upon a throne. Yes, my treasures, if I can mend
them I will; perhaps they will not all despise me. Perhaps
I may catch up even one from the gulf, and that will be great gain;
for is there upon earth a gem so precious as the human soul ?"
Thus saying, I left them and descended to
the common prison, where I found the prisoners very merry, expecting my
arrival;
and each prepared with some gaol trick to play upon the
doctor. Thus, as I was going to begin, one turned my wig awry, as if
by accident, and then asked my pardon. A second, who
stood at some distance, had a knack of spitting through his teeth,
which fell in showers upon my book. A third would cry
"amen" in such an affected tone as gave the rest great delight. A fourth
had slily picked my pocket of my spectacles. But there
was one whose trick gave more universal pleasure than all the rest; for,
observing the manner in which I had disposed of my books
on the table before me, he very dexterously displaced one of them,
and put an obscene jest-book of his own in the place.
However, I took no notice of all that this mischievous group of little
beings could do, but went on, perfectly sensible that
what was ridiculous in my attempt would excite mirth only the first or
second time, while what was serious would be permanent.
My design succeeded, and in less than six days some were patient
and all attentive.
It was now that I applauded my perseverance
and address, at thus giving sensibility to wretches divested of every moral
feeling, and now began to think of doing them temporal
services also, by rendering their
situation somewhat more comfortable. Their time had hitherto
been divided between famine and excess, tumultuous riot and
bitter repining. Their only employment was quarrelling-among
each other, playing at cribbage, and cutting tobacco-stoppers.
From this last mode of idle industry I took the hint
of setting such as chose to work at cutting pegs for tobacconists and
shoemakers, the proper wood being bought by a general
subscription, and when manufactured, sold by my appointment; so
that each earned something every day-a trifle, indeed,
but sufficient to maintain him. I did not stop here, but instituted fines
for
the punishment of immorality, and rewards for peculiar
industry. Thus, in less than a fortnight, I had formed them into something
social and humane, and had the pleasure of regarding
myself as a legislator, who had brought men from their native ferocity
into
friendship and obedience.
And it were highly to be wished, that the
legislative power would thus direct the law rather to reformation than
severity. That
it would seem convinced that the work of eradicating
crimes is not by making punishment familiar, but formidable. Then, instead
of our present prisons, which find or make men guilty,
which enclose wretches for the commission of one crime, and return
them, if returned alive, fitted for the perpetration
of thousands; we should see, as in other parts of Europe, places of penitence
and solitude, where the
accused might be attended by such as could give them repentance
if guilty, or new motives to virtue if innocent. And this, but
not the increasing punishments, is the way to mend a
state; nor can I avoid even questioning the validity of that right which
social
combinations have assumed of capitally punishing offences
of a slight nature. In cases of murder their right is obvious, as it is
the
duty of us all, from the law of selfdefence, to cut off
that man who has shown a disregard for the life of another. Against such
all
nature rises in arms; but it is not so against him who
steals my property. Natural law gives me no right to take away his life,
as
by that the horse he steals is as much his property as
mine. If, then, I have any right, it must be from a compact made between
us, that he who deprives the other of his horse shall
die. But this is a false compact, because no man has a right to barter
his life
any more than to take it away, as it is not his own.
And besides, the compact is inadequate, and would be set aside even in
a
court of modern equity, as there is a great penalty for
a very trifling convenience, since it is far better that two men should
live
than that one man should ride. But a compact that is
false between two men is equally so between a hundred or a hundred
thousand; for as ten millions of circles can never make
a square, so the united voice of myriads cannot lend the smallest
foundation to falsehood. It is thus that reason speaks,
and untutored nature says the same
thing. Savages that are directed by natural law alone
are very tender of the lives of each other; they seldom shed blood but
to
retaliate former cruelty.
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
creatures 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.