CHAP. XXVII.

The fame fubject continued.

THE next morning I communicated to my wife and children the scheme I had planned of reforming the prifoners, which they received with univerfal disapprobation, alledging the impoffibility and impropriety of it; adding, that my endeavours would no way contribute to their amendment, but might probably difgrace my calling.

Excufe me,' returned I, these people however fallen are ftill men, and that is a very good title to my affections. Good counsel rejected returns to enrich the giver's bofom; and though the inftruction I communicate may not mend them, yet it will affuredly mend myself. If thefe wretches, my children, were princes there would be thousands ready to offer their miniftry; but in my opinion the heart that is buried in a dungeon is as precious as that feated upon a throne. Yes, my treasures, if I can mend them I will; perhaps they will not all defpife me. Perhaps I may catch up even one from the gulph, and that will be great gain; for is there upon earth a gem fo precious as the human foul?'

Thus faying I left them, and defcended to the common prifon, where I found the prifoners very merry, expecting my arrival; and each prepared with fome 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 fecond, who stood at fome diftance, had a knack of fpitting through his teeth, which fell in thowers. upon my book. A third would cry amen in fuch

an

an affected tone as gave the rest great delight. Á fourth had flily picked my pocket of my fpectacles. But there was one whofe trick gave more univerfal pleasure than all the reft; for obferving the manner in which I had difpofed my books on the table before me, he very dextroufly difplaced one of them, and put an obfcene jeft-book of his own in the place. However I took no notice of all that this mifchievous group of little beings could do; but went on, perfectly fenfible that what was ridiculous in my attempt would excite mirth only the first or fecond time, while what was ferious would be permanent. My defign fucceeded, and in lefs than fix days fome were penitent, and all attentive.

It was now that I applauded my perfeverance and address at thus giving fenfibility to wretches divefted of every moral feeling, and now began to think of doing them temporal fervices alfo, by rendering their fituation fomewhat more comfortable. Their time had hitherto been divided between famine and excefs, tumultuous riot and bitter repining. Their only employment was quarrelling among each other, playing at cribbage, and cutting tobacco ftoppers. From this laft mode of idle industry I took the hint of fetting fuch as chofe to work at cutting pegs for tobacconifts and fhoemakers, the proper wood being bought by a general fubfcription, and when manufactured, fold by my appointment; fo that each earned fomething every day: a trifle indeed, but fufficient to maintain him.

I did not ftop here, but inftituted fines for the punishment of immorality, and rewards for peculiar industry. Thus in lefs than a fortnight I had formed them into fomething focial and humane, and had the pleasure of regarding myself as a legiflator, who had brought men from their native ferocity into friendship and obedience.

And

And it were highly to be wifhed, that legiflative power would thus direct the law rather to reformation than feverity. That it would feem convinced that the work of eradicating crimes is not by making punishments familiar, but formidable. Then instead of our present prifons, which find or make men guilty, which enclofe wretches for the commiffion of one crime, and return them, if returned alive, fitted for the perpetration of thousands; we fhould fee, as in other parts of Europe, places of penitence and folitude, where the accufed might be attended by fuch 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 ftate: nor can I avoid even queftioning the validity of that right which focial combinations have affumed of capitally punishing offences of a flight nature. In cafes of murder their right is obvious, as it is the duty of us all, from the law of felf-defence, to cut off that man who has fhewn a difregard for the life of another. Againft fuch all nature arifes in arms; but it is not fo against him who fteals my property. Natural law gives me no right to take away his life, as by that the horfe he fteals 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 horfe fhall die. But this is a falfe compact; becaufe no man has a right to barter his life any more than to take it away, as it is not his own. And befide, the compact is inadequate, and would be fet afide even in a court of modern equity, as there is a great penalty for a very trifling convenience, fince it is far better that two men fhould live than that one man fhould ride. But a compact that is falfe between two men is equally fo between an hundred, or an hundred thoufand; for as ten millions of circles can never make a fquare, fo the united voice of myriads cannot lend

the

the fmalleft foundation to falfehood. It is thus that reafon fpeaks, and untutored nature fays the fame thing. Savages that are directed by natural law alone are very tender of the lives of each other; they feldom fhed 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 ftill ftrong upon them, fcarcely 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 feems to acquire the morofeness of age; and as if our property were become dearer in proportion as it increased, as if the more enormous our wealth the more extenfive our fears, all our poffeffions are paled up with new edicts every day, and hung round with gibbets to fcare every invader.

I cannot tell whether it is from the number of our penal laws, or the licentiousness of our people, that this country fhould fhew 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 indifcriminate penal laws a nation beholds the fame punishment affixed to dif fimilar degrees of guilt, from perceiving no diftinction in the penalty the people are led to lofe all fenfe of diftinction in the crime, and this diftinction is the bulwark of all morality: thus the multitude of laws produce new vices, and new vices call for fresh reftraints.

It were to be wifhed then that power, inftead of contriving new laws to punish vice, inftead of drawing hard the cords of fociety till a convulfion come to burst them, inftead of cutting away wretches as useless before we have tried their utility, inftead of converting correction into vengeance, it were to be

wifhed that we tried the reftrictive arts of government, and made law the protector, but not the tyrant of the people. We fhould then find that creatures, whofe fouls are held as drofs, only wanted the hand of a refiner; we thould then find that creatures, now stuck up for long tortures, left luxury fhould feel a momentary pang, might, if properly treated, ferve to finew the ftate in times of danger; that as their faces are like ours their hearts are fo too; that few minds are fo bafe as that perfeverance cannot amend; that a man may fee his laft crime without dying for it; and that very little blood will ferve to cement our fecurity.

CHAP. XXVIII.

Happiness and mifery rather the refult of prudence than of virtue in this life. Temporal evils or felicities being regarded by heaven as things merely in themfelves trifling and unworthy its care in the dif tribution.

I HAD now been confined more than a fortnight, but had not fince my arrival been vifited by my dear Olivia, and I greatly longed to fee her. Having communicated my wifhes to my wife, the next morning the poor girl entered my apartment, leaning on her fifter's arm. The change which I faw in her countenance ftruck me. The numberless graces that once refided there were now fled, and the hand of death feemed to have molded every feature to alarm me. Her temples were funk, her forehead was tenfe, and a fatal palenefs fate upon her cheek. • I am

VOL. I.

M