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we suppose that acts were done which were never done by mortal men? How justify barbarous cruelty against any human being? How accept pain as a test of truth? The infliction of physical pain is a gross blunder, unless in so far as it diverts the mind from doing wrong in the future; but, as regards its efficacy in the latter respect, unless inflicted on youthful offenders, I have the gravest doubts. How can a physical sensation have any connection with a moral sentiment, which is a matter of opinion? Yet, strange though it be, the Christian Church, in former ages, punished heresy with fire on earth, and thereafter with fire everlasting! How can such punishments clear a man or a woman of sin here or hereafter? If not, how can we justify a punishment which is destructive of human life and happiness in this world, and of eternal life and happiness in the next?

Speaking generally, the lex talionis, or the principle of an eye for an eye, a tooth for a tooth, has, long ago, been abandoned, as contrary to the primary ends of rational punishment. Even Bentham's great name could not prevent its being rejected in all modern rational codes of Criminal law. Analogical punishments appear fair and reasonable at first sight; but will not bear the criticism of rational minds.

Infamous punishments of all kinds have been almost entirely abandoned in England. In our punishments, we should act on the principle of throwing off all tendencies towards evil habits, and of engrafting new habits towards good in all our physical, intellectual, and moral growth, and thus unite and direct the rational sentiments of mankind towards the best and highest ends.

Banishment for crime is now disused. It was a doubtful form of punishment; for it allowed a criminal to leave the country, where he had offended, to go to a new country, and there again enter upon a new course of crime, or upon a new and amended life.

In all punishment, there are included reformation of the offender, temporary or permanent disablement of the offender to commit crimes, and prevention of crimes by way of example. Reformation is effected by acting on the will of the offender; disablement by imprisonment, confinement, deportation, and mutilation; and prevention by a remembrance of past punishment, or by a fear of future punishment. Imprisonment occupies a large space in all our punishments. Clearly, it ought to vary according to the offence, age, sex, rank, powers of endurance, and educational, industrial, and moral training of the individual. It is not all gain; for it may weaken the mental faculties and the moral and industrial habits of the prisoner.

I must here ask the reader to allow me to recapitulate, enlarge, and apply some of the principles already enunciated in this article. From what I have already stated, the reader will observe that I have practically adopted the opinion of Kant to the effect that the Penal law ought to inflict punishment by reason of the immorality of the deed, and that the offence itself indicates the end of punishment. The ends of the elements of which punishment is composed are, Ist, the reformation of the offender and, 2ndly, the public security. The former concerns the repression of the evil by the amendment of the offender, and the latter the public security by the repression of the offender. From a consideration of the five accessory qualities of punishment, I arrive at the conclusion that the chief ends of punishment cannot be attained without the accessory qualities of punishment; and that, although these ends of punishment are not attained, these qualities ought, as a rule, to exist in all punishments. Reformation is the great chief end of punishment, and must be so whether amendment is the result or not. Reformation is a permanent and active quality of all punishment; amendment is passive and accidental. The amendment of the wrong-doer corresponds

to the reparation of the evil, and the public security corresponds to the reformation of the delinquent. The other qualities of punishment are means to an end, which is twofold in its nature, namely, the amendment of the offender, and the public security. These two are the chief essential ends of just punishment in its two-fold

nature.

Now, of all punishments which combine all the conditions required by reason, there are three in general use amongst men. They are (1) deprivation of liberty; (2) partial, or complete, deprivation of property; and (3) partial, or complete, deprivation of civil rights. All have the two essential elements of just punishment, and all unite the accessory conditions of just punishment; and are consequently fitted to attain the ends of a wise, just, and enlightened legislator in the punishment of crimes, namely, amendment and the general security. Let me here make some further observations on imprisonment and pecuniary punishments. (1.) The deprivation of liberty is perfectly just; for it unites all the necessary conditions of punishment. It is moral, and it is neither cruel, nor depravatory; and it is real by the evil it inflicts on liberty, which is dear to all. It is exemplary, and it is remissible. It can be adjusted, more or less, to the culpability of the wrong-doer, and it may lead to the reformation of the offender. As regards labour in imprisonment, it ought to be used as a means for reformation and professional instruction, and not as a punishment. (2.) Making amends or compensation is not necessarily reformative, and may be made confiscatory. Pecuniary amends may be primary or accessory; and, like all other punishments, must be left by the Legislator to the Judge on a full consideration of all the circumstances of the offender. Whether primary or accessory, it is real, personal, and direct.

We have been told that it is better that a thousand guilty persons should escape punishment than that one. innocent person should suffer punishment. I do not agree with this opinion; because it is subversive of all government. If a thousand, why not all? and since it is human to err, why not abolish all crimes and all punishments? To act on this sentiment is subversive of all government, unless on the supposition that there was no crime to punish; and, in that case, there would be an ideally perfect and moral society. So long as there is wrong-doing in the world, there must be punishment in some shape or another, and either in pecuniary fines or corporeal punishment. But it should never be intentionally or deliberately inflicted on innocent persons, directly or indirectly. Vicarious punishment is inconsistent with and contrary to human justice. The civil responsibility of a husband for his wife, or of a master for his servant, is no violation of this principle; but is the infliction of civil liability on a person in whose power the real offender is. Vicarious punishment cannot always be avoided as the consequence of wrong-doing; but should not be the direct act of the State. Instances of transitive punishment may be taken from corruption of blood in rebellion and high treason. Such punishment is monstrously unjust as regards its consequence in the forfeiture of property. Rebellion is not necessarily synonymous with wickedness, and may even be justifiable. It is sometimes the result of the fortunes of war, and not of impartial justice. But of all unjust laws ex post facto laws are the worst; for they violate every principle of just and good government.

The main objects of Penal justice, as laid down by Bentham, are these:

I. Example; or the prevention of similar offences by individuals at large, by the influence of punishment on the minds of by-standers from an apprehension of similar suffering on a similar delinquency.

II. Reformation; or the prevention of similar offences on the part of the particular individual punished in each instance, by taking from him the will to commit the like offence in future.

III. Incapacitation; or the taking from the delinquent the power of committing the same crimes.

IV. Satisfaction to the person injured.-This object is, I think, too much neglected in our laws.

V. Economy to the public.-This is not a high quality. Great expense may be the truest economy.

Bentham makes the following important observations: -All our forms of punishment should be put to these five tests, and should be subjected most especially to all except the last; and, when adopted by the Legislature, should be inflicted as directed, and should not be over-ruled by subordinate officials in the Government. Punishments are an absolute necessity of our present condition of society. Rewards are not at the command of the Legislator to secure perfect obedience to his commands. No Sovereign is so rich as to be able to effect everything by means of rewards. But, fortunately, there are few parents who are not rich enough for this purpose.

I shall now consider the three forms of Punishment more at large than I have hitherto done.

(1.) Imprisonment.-The great objects of imprisonment are the reform of offenders, and the gradual good condition and amendment of prisoners in health of body and mind, propriety of conduct, and industry. These objects cannot be attained until the former bad manners and habits, moral and physical, are changed, and new manners and habits have taken the place of the old. When these objects. are attained, the public will be secure against offenders, and an enormous expense will be removed from the shoulders of the well-behaved and industrious classes of the community. Although some Judges and Magistrates give ridiculously

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