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<h2> CHAPTER 27 </h2>
<h3> The same subject continued </h3>
<p>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, alledging the impossibility and impropriety of it; adding,
that my endeavours would no way contribute to their amendment, but might
probably disgrace my calling.</p>
<p>'Excuse me,' returned I, 'these people, however fallen, are still men, and
that is a very good title to my affections. Good council 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 gulph, and, that will be great gain; for is there upon
earth a gem so precious as the human soul?'</p>
<p>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 my books on the table before me, he very
dextrously 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 groupe
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 penitent, and all attentive.</p>
<p>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, tumultous 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.</p>
<p>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.</p>
<p>And it were highly to be wished, that 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 punishments 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 self-defence, to cut off that man who has shewn a
disregard for the life of another. Against such, all nature arises 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, no more than to take it away, as it is not his own. And beside, 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 an
hundred, or an 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.</p>
<p>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, scarce any crime is held capital.</p>
<p>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.</p>
<p>I cannot tell whether it is from the number of our penal laws, or the
licentiousness of our people, that this country should shew 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.</p>
<p>It were to be wished then that power, instead a contriving new laws to
punish vice, instead of drawing hard the cards 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.</p>
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