they neither run nor fight-I mean, in St. Paul's sense of the words, or in order to the victory or the crown-and yet they say they shall obtain!" pp. 60–62. Some notes, further illustrative of the matter in debate, are added at the end. And to this a Postcript accumulates some further information: on which our zealous advocate for the faith observes, that if he had heard of it before he sat down to write his letter, he should never have written it at all. This one awful result of these errors he should have considered as sufficient to have convinced his friend of their pernicious tendency, or have concluded that nothing else could. It is no less than the fact, Mr. Simons informs us, that a distinguished leader of the new sect, after having denied the Personality of the Holy Ghost, has, with still greater boldness, proceeded to question the Divinity even of our Lord himself; saying, that “God, as He is one in his essence, so He is one as to his person also ; and that Jesus, the Son of God as distinguished from the Father, is not himself Jehovah, but a crea ture, made before all worlds; in whom Je hovah dwells; the temple of the living God, but not the living God himself." p. 83. The postscript and volume conclude with the following short but awful admonition: "Reader! behold the dreadful progress of error! how being small, so as hardly to be discerned, at the commencement of its course, it acquires strength as it goes, and is hardly to be stopped on this side of some damnable heresy, in which it generally issues at the last: Or how like a 'canker' it is, to which the Apostle compares it - a small speck, perhaps, at first; but which presently spreadeth itself over the whole body, and ceaseth not till it hath eaten up the very heart and life of him who hath once been tainted with it;-itself all the while blinding the understanding, so that the man himself shall not be able to see the sad state in which he is: a deceived heart, as the Prophet describes the effect of it, * having turned him aside, that he cannot deliver his own soul, nor say, Is there not a lie in my right hand?"" pp. 84, 85. An Inquiry, whether Crime and Misery are produced or prevented by our present System of Prison Discipline. Illustrated by Descriptions of the Borough Compter, Tothill Fields, the Jails at St. Albans and at Guildford, the Jail at Bury, the Maison de Force at Ghent, the Philadelphia Prison, the Penitentiary at Millbank, and the Proceedings of the Ladies' Committee at Newgate. By If T. FOWELL BUXTON. London: Arch. 1818. 8vo. pp. 141. Is there be a single mitigating reflection which combines itself with our more painful sensations in perusing the little volume which we now present to our readers, it is that suggested by the consideration that we ourselves have again and again endeavoured to fix the public attention on the state of our prisons, with a view to the amelioration of the system. our readers will turn to our volume for 1814, they will find, in the Review of a very sensible work of Dr. Macgill, the present Professor of Theology in the university of Glasgow, on this subject, our humble, but solemu, protest against the national indifference to this momentous question: and, if since that period, we have ceased to reason and remonstrate, it has not been from any conception that remonstrance and entreaty have as yet accomplished their object. We are, however, sincerely happy that some recent movements in Parliament and elsewhere, with the late interesting and convincing experiments in Newgate, and, we may add, the statement of facts in the volume before us, have to a certain extent prepared the public mind for a radical reform of the present system, by rousing the slumbering conscience of the nation to a sense of its enormity. Dismissing, however, the general discussion of this question for the present, we desire to confine the attention of our readers mainly to Mr. Buxton's work. We shall begin by allowing the author himself to give some account of it:"Being at Ghent during the early part of this winter, I took some pains in examining the excellent prison of that city, known by the name of the Maison de Force. On my return to England, I communicated to the Society for the Improvement of Prison Discipline, and for the Reformation of Juvenile Offenders,' the intelligence which was thus acquired. The members of that institution had accurately investigated the state of almost every jail in the metropolis and its vicinity. Their inquiries had led them to a decided and unani. mous conviction, that the present alarming increase of crime arose more from the want of instruction, classification, regular employment, and inspection in jails, than from any other cause, and that its prevention could only be accomplished, by an entire change in the system of prison discipline. These views were strongly confirmed by the practical illus. tration afforded by the Maison de Force, and this led to a request from the Committee, that the description of it might be published. "When I sat down to this task, the work insensibly grew upon my hands. It was necessary, to prove that evils and grievances did really exist in this country, and to bring home to these causes, the increase of corruption and depravity. For this purpose repeated visits to various prisons were requisite. this city, and the discussions which took place in the court of Common Council, attracted much attention to the point. It was probable that this session would not pass, without some legislative enactment upon the subject. If the intended communications were of any importance, the time seemed arrived for making them. The immediate publication of even crude and undigested materials was better calculated to do good to the cause, than a more finished and elaborate treatise, when general interest may have subsided. "Again: a detail of the regulations of the Maison de Force alone, did not seem to establish the point contended for, with sufficient certainty. An experiment might succeed abroad, which might fail at home. Local circumstances and the habits of the people, might have rendered a plan very judicious in the Netherlands, which was quite impracticable in England. It appeared therefore desirable, to shew, that whether the attempt be made on the Continent, in England, or in America, the same results are invariably displayed. "This occasioned a new series of inquiries. While I was occupied in procuring this intelligence, which was intended to be printed at a distant period, the unexpected appointment of a Parliamentary Committee to examine the jails of "The haste with which the parts of this pamphlet were put together, in the last fortnight, and the consequent impossibility of any revision, must explain, if they do not excuse, many obvious errors in expression, and numerous inaccuracies in printing. For the truth of the facts, no indulgence is required. Every method has been used to discover their authenticity. Nothing is stated, (with the exception of the account of the Philadelphia jail) which has not come within my own observation, and which has not been confirmed by the concurrent testimony of the gentlemen, who have been my companions. The descriptions of the Borough Compter, Tothill Fields, the Penitentiary, the jails at St. Albans, at Bury, and at Ghent, have been read to their respective jailers, and that of Guildford was handed to a magistrate of the county of Surrey, with a request that he would point out any mistakes.” pp. iii.—vi. This statement will obviously apologise for some inaccuracies and deficiencies which a keen observer may detect in this little volume. The inaccuracies, however, with a very few exceptions, are, as far as we know, confined to style. And the deficiencies could not be supplied without adding considerably to the bulk of the volume; and thus, perhaps, in some degree, rendering it unfit for the accomplishment of its peculiar object-that of finding its way into every part of the kingdom, and awakening an universal interest in The deficiency to which we parthe great points which it discusses. ticularly allude, is that arising from the limited nature of the survey of prisons which has been made ment by Mr. Buxton, or of which, at least, the details are here presented to the public. Nothing is more dangerous to the accuracy of general reasoning, than founding our conclusions upon any small induction of particulars. An examiner, for instance, meaning no good to the cause of truth and humanity, might visit half a dozen prisons in the kingdom, and deduce a conclusion, founded on his personal survey, the most opposite to that of the present author. We do not, indeed, mean in the smallest degree to dispute the accuracy of Mr. Buxton's conclusions; on the contrary, we are convinced that a more extended survey would serve in the strongest manner to establish the charges he has brought against our present system of imprisonthat many cases might possibly be adduced, not less flagrant than any of those detailed in the present volume---and that his desire for reform is not greater than the occasion justifies; ---but we are fearful of several evil consequences which may result from his not giving us a fuller exposition of the state of our prisons. In the first place, those who cling to the present pernicious system will possibly persist in denying the accuracy of general conclusions formed on such limited premises. In the next place, many jails, which are ill constructed and worse regulated, will escape the severe rebuke which they so greatly deserve. And, thirdly, several jails, that are well constructed and well regulated, will not receive the commendation to which they are fairly entitled, and which would act as a stimulus to their directors to persevere in their laudable exertions. Of those deserving reprobation, we will not now speak, because we are unwilling to bring heavy charges except upon personal inspection. On some, however, which we have visited, we feel pleasure in bestowing that meed of applause in which we are persuaded Mr. Buxton would have been among the first to concur, had he possess ed the opportunity of personally examining them. We entertain the fullest persuasion, that if his work had been longer, and it more time had been afforded him, he would have felt it right to remind his countrymen how much we owe to his fellow-labourers in this field--to those predecessors in the high career of humanity, of one of whom Mr. Burke so eloquently says, that "he visited Europe, not to survey the sumptuousness of palaces or the stateliness of temples not to collect medals or collate manuscripts; but to dive into the depths of dungeons; to plunge into the infection of hospitals; to survey the mansions of sorrow and pain; to take the guage and dimensions of misery, depression, and contempt; to remember the forgotten, to attend to the neglected, to visit the forsaken, and to compare and collate the distresses of all men in all countries." Happy should we be if the rest of this memorable passage were also true!" He has so forestalled and monopolized this branch of charity, that there will be little room to merit by such acts of benevolence hereafter." It is, indeed, one of the most monstrous features of this case, that statements such as those which have long been placed before Parliament and the public, by Howard and Neild, should have been to so great an extent neglected. Mr. Buxton alludes, in the language of honest and generous approbation, to the statute drawn up by Lord Auckland, Judge Blackstone, and Mr. Howard. And had that statute been carried into effect, there would have been little need for any new publication on the subject. But the statute has, as to many principal points, been nearly a dead letter; and to the history of the mass of the jails in the country we may add those significant and melancholy words, so often occur ring in Howard and Neild, "No alteration-no amendment." We have, however, much consolation in adding, that the former want of success is far from driving us to despair as to future improvement. Since the early publications on this subject, a considerable movement has taken place in the public mind. Various charitable and religious societies have been established, or increased, under the patronage of the higher orders of the community; and have, in return for this patronage, awakened in their patrons, and in the public at large, deeper interest in all questions of moral reform. They have excited a disposition to view subjects in their higher bearings; in their connection with duty, and character, and responsibility. Points that had been hitherto argued only upon principles of worldly policy, begin to be argued on the principles of Christianity. Questions that have been considered simply with a reference to their political aspect, at length begin to be contemplated in their moral results. The parliamentary Committees, especially, have assumed a new character. We may venture to say, that there is no period of our history in which their attention has been so much occupied by moral subjects, or by subjects bordering upon them; and in which the individuals of whom they are composed, have discovered so much regard to the moral influence of their decisions. This fact has continually struck us, in considering the Reports upon the Poor Laws, upon Mendicity, upon the Police, upon Education, &c. Much, it is true, remains to be done; but the general spirit of these Reports is such as to give us a sanguine hope that the advocates for improvement in our prisons will meet with a candid and serious hearing, and that counsels neglected before will be valued and regarded now. experience when we say, that some of those of the highest consideration in the country, from their rank, talents, and influence in and out of parliament, are deeply interested in this question, and will joyfully aid in carrying into effect any well-digested plan which may be proposed. It is not, therefore, we conceive, an idle presumption to hope that the success which has been denied to former cham, pions, in this field of benevolence, will be granted to their successors; nor is it, perhaps, too much to expect, that the next session of parliament will produce some legislative measure which may serve to wipe this blot from our national reputation, and transform those prisons, which have been hitherto the fertile sources of the vices they were designed to check, into schools of virtue and reform. But we will not detain our readers any longer from the very inte resting publication before us. The work of Mr. Buxton opens with considering some of the great general principles connected with the subject of imprisonment. some of these points we have already stated our own opinions, in the Review to which we have alluded; and it will be seen, that, for the most part, they strictly coincide with those stated by the author. It will be desirable, however, to express our judgment, as to some of these points, somewhat more distinctly; and we shall be glad, for that pur pose, to avail ourselves of Mr. Buxton's assistance, or of some of the learned authorities produced by him on the subject. In our prisons are collected the untried and the convicted; compre bending, under these two general classes, prisoners, and even felons, of all descriptions-besides debtors, both fraudulent and unfortunate. Let us consider what is the intention of the legislature in the incarceration of these various classes, and how far the present mode of impriWe speak also from personal sonment corresponds with its design. 1 And, first, with regard to the case of the untried, whatever be the nature of the charge alleged against them," Magna Charta declares, that no freeman shall be taken or imprisoned but by the lawful judgment of his equals, or by the laws of the land." The ancient law allowed even the felon to be at large till his trial, if he could find securities for his appearance; and assigned this reason for Quia carcer est mala mansio." "The law," says Lord Coke, " did highly hate the long imprisonment of any man before trial." it, The necessity of the case, how ever, has compelled the law to deviate from its original plan, and to confine some prisoners before trial; chiefly, because no sufficient security can, in the nature of things, be obtained, where the penalty of conviction is likely to be severe. An accused person, over whom the sentence of death was suspended, would, in most in stances, rather deceive his securities than risk his life: but nothing can be more obvious, than that a measure, thus obnoxious in itself, and originating in the necessity of the case, should not be pushed further than this necessity demands. "Commitments for trial," says Blackstone, "being only for safe custody; wheresoever bail will answer the same intention, it ought to be taken." And, generally speaking, as the imprisonment of the accused is merely for safe custody, nothing should be added to that imprisonment which safe custody does not demand. To fasten chains on the accused person, where he might be safely detained without them to inflict any unnecessary stain upon his character--to compel him to needless privations-to endanger his health-to confound him with those already convicted of crimes, and thus to expose him unnecessarily to moral contamination; is to violate the intention of the law, and to infringe on the rights of the subject. Mr. Buxton justly says, that "no man is secure against false accusation; and to condemn him, who is only suspected, to any thing beyond mere confinement, is to commence his punishment when his crime is uncertain." Let us take another case, that of debtors. The debtor may have been brought to a prison by a variety of causes: by improvidence; by inability; by his own offences or those of others; by his own misfortunes or those of others. Whatever be the cause, imprisonment is the penalty which the law inflicts upon him; that is, simply, the privation of personal liberty, What judge ever intended to sentence the debtor, in addition to this privation, to disease, starvation, damp, contagion; to compulsory indolence; to connection with the most infamous of his species; to instruction in all the arts and crimes which destroy public peace and morals; to abstraction from all that can improve, and to alliance with all that can debase and corrupt the mind? "Whatever," says Mr. Buxton, "goes beyond mere confinement, whatever has a tendency to impart moral or physical evil, to disgust or to irritate their feelings, is injustice;-and injustice the more dreadful, because it is inflicted on a class of men who are already too often weighed down by misfortune-because it is inflicted in places where the public eye does not penetrate, where, therefore, public compassion is not excited; but whether it be more or less dreadful, is not so much the question. This, I conceive, is certain, that any unnecessary severity to the prisoner who has not been tried, or the prisoner for debt, is injustice." p. 6. Now, although this be admitted with regard to the untried and to debtors, many persons will still adhere to the notion, that with regard to the convicted offender, prisons ought not to be places of mere restraint, but of restraint coupled with deep and intense misery. Let such persons consider the reasoning of Mr. Buxton on this point: |