"excessive punishments: And whereas it is the duty " of every government to endeavour to reform, rather "than exterminate offenders, and the punishment of "death ought never to be inflicted where it is not absolutely necessary to the public safety. There"fore, "Be it enacted by the Senate and House of Repre"sentatives, of the Commonwealth of Pennsylvania, "in general assembly met, and it is hereby enacted by the authority of the same, That no crime whatever, hereafter committed, except murder of the first degree, shall be punished with death in the state "of Pennsylvania." 66 ર The effects which have resulted from this alteration are delineated in the following picture in a tract, entitled "A Visit to the Philadelphia Prison."()" In the " evening we saw the men sit down to supper, and I do "not recollect a scene more interesting. At one view "we beheld about ninety fellow-creatures, formerly "lost to their country and the world, now collected "into one body, and observing that air of composure "and decency, consequent only on a long and con"tinued practice of moral habits. We witnessed no "laughing, nor even an indecent gesture; but a per"fect and respectful silence reigned along the "benches. They remained seated until all were ready to rise, of which notice was given by the attending keeper. They then immediately repaired 66 66 (*) Turnbull's Visit to the Philadelphia Prison. Phillips, George-Yard. C "to their respective employments. The prison, "instead of being a den of vice, is converted into "a congregation of our fellow-creatures desirous to "turn away from the wickedness which they have "committed: instead of riot and profaneness, there "is order and regularity: instead of drunkenness and "sensuality, there are the sacrifices of a broken spirit, of broken and contrite hearts." To the perseverance(") of one of the judges of Ame () Upon this subject there appear to be 4. positions deserving consideration. 1st, There are various obstacles to the correction of any established error relating to human conduct. A traveller observed that in a particular district in Italy the peasants invariably loaded their panniers with vegetables on one side, and balanced the opposite pannier by filling it with stones: he pointed out the advantage to be gained by loading both panniers with vegetables; he was answered "that their forefathers from time immemorial had so prepared their "produce for market; that they were very wise and good men, and that a stranger shewed very little understanding or decency who interfered in the "established customs of a country." Such are, and perhaps ought to be, the prejudices of the multitude. Attachment to existing custom, founded, as it is, upon an opinion of right, may be the very cement of society. But it is not to the multitude alone that these attachments are confined. There are causes of adherence to existing customs which continually operate upon the best regulated minds. The love of reform, originating, as it seems, in benevolence and a love of truth, is a passion by which ignorance and kind intention have rushed on with fearless impetuosity, and wisdom been hurried into lamentable excess. Intelligence is conscious of the blessings which it enjoys, and knows the darkness of futurity. Perplexities accompany two most beneficial alterations; and delay cannot be attended with permanent evil; for, according to Gamaliel's reason, if the counsel be light and weak it will be reproved by time: if it be of weight, by time it will be settled and authorized. 2dly, There are peculiar obstacles to the correction of errors sanctioned by the practice of a liberal profession. It is written in the code of Hindoo laws that, a wife who on the death of her husband, ascends the same burning pile with him, is exalted to heaven." In Hindostan the widow may be seen joyously lighting her own funeral flames. On the banks of rica this advancement of humanity is to be ascribed: of the Ganges infants are sacrificed, the mother looking on without a sigh or a tear. The Christian may recoil from these victories of death: he may turn to him who took the little children in his arms put his hands upon them and blessed them: he may ardently hope that the mild spirit of his religion will move upon the face of that country: but, if he be alarmed at the execration of the Bramins, let him be silent. Charondas, (as we are informed by Diodorus Siculus) to check capricious innovations in his laws, ordained that whoever should propose any alteration in them, should remain in public with a rope round his neck till the people had formally decided upon its acceptance or rejection. In the latter case, the rope was tightened, and the reformer strangled. The nature of these obstacles to the advancement of professional knowledge, is explained by Lord Bacon in his Novum Organum: where he says: There are four kinds of idols that possess the mind of man. Idols of the Tribe, Idols of the Den, Idols of the Theatre. Idols of the Den are the idols of every man in particular: for, besides the general aberrations of human nature, we every one of us have our particular den or cavern, which refracts and corrupts the light of nature. Idols of the Den take their rise from the peculiar nature of every particular person: both with regard to soul and body, as also from education, custom, and accident: This kind is various and manifold, but we will touch upon such as require the greatest caution, and have the greatest force to pollute the understanding; and among the foremost, let it be remembered that men are fond of particular sciences and customs because they have bestowed much pains upon them, and principally applied themselves thereto; let, therefore, contemplative prudence proceed in cleansing and dislodging the Idols of the Den. 3dly, It is proper to assist in the correction of general or professional error. "I hold," says Lord Verulam, " every man a debtor to his profession from "the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavour themselves, by way of amends, to be a help "and ornament thereunto." The same grateful feeling is expressed by Sir Edward Coke, who says, "If this or any other of my works may, "in any sort, by the goodness of Almighty God, who hath enabled me "hereunto, not deterred by any of the various obstacles opposed to "hereunto, tend to some discharge of that great obligation of duty wherein "I am bound to my profession, I shall reap some fruits from the tree of life, " and I shall recover sufficient compensation for all my labours." If doubt be entertained as to the nature of the debt to which these allusions are made, it may be explained by a consideration of the various modes by which the industry of a profession may be productive to the labourer, and profitable to society. The modes are three, viz. 1st, By activity in the discharge of professional duties; 2dly, By publication upon some practical part of professional knowledge; and 3dly, By exertion to visit and strengthen the root and foundation of the science itself. Of these modes the two first are attended with pecuniary reward: the third seems to be the return of this obligation.” 4thly, It is improper to be deterred by fear of self-injury from contributing to the detection and correction of error. "I was never trained to pace in the trammels of the church, nor tempted by the sweets of its preferment, to sacrifice the philosophic freedom of a studious to the servile restraints of an ambitious life: and from this very circumstance, as often as I reflect upon it, I feel that comfort in my own breast, which no external honours can bestow. I persuade myself that the life and faculties of man at the best but short and limited, cannot be employed more rationally or laudably, than in the search of knowledge: and especially of that sort which relates to our duty, and conduces to our happiness. In these inquiries, therefore, wherever I perceive any glimmering of truth before me, I readily pursue and endeavour to trace it to its source; without any reserve or caution of pushing the discovery too far, or opening too great a glare of it to the public. I look upon the discovery of any thing which is true, as a valuable acquisition to society which cannot possibly hurt, or obstruct the good effect of any other truth whatsoever: for they all partake of one common essence, and necessarily coincide with each other: and like the drops of rain, which fall separately into the river, mix themselves at once with the stream, and strengthen the general current." Preface to Middleton's Free Inquiry. In the conclusion of Sir Samuel Romilly's speech in the House of Commons, on the 26th May 1810, he says, "It is a common, and may be a convenient mode of proceeding, to prevent the progress of improvement, by endeavouring to excite the odium with which all attempts to reform are attended. Upon such expendients it is scarcely nccessary for me to say, that I have calculated. If I had consulted only my own immediate interests, my time might have been more profitably employed in the profession in which I am engaged. If I had listened to the dictates of prudence, if I had been alarmed by such prejudices, I could easily have discovered that the hope to amend law is not the disposition the correction of errors sanctioned by the approbation of ages: William Bradford, a Judge of Pennsylvania, recommended this system, which, after having experienced the immediate censure of his brethren, " averse disposition most favourable for preferment. I am not unacquainted with the best road to Attorney-Generalships and Chancellorships: but in that path which my sense of duty dictates to be right, I shall proceed; and from this no misunderstanding, no misrepresentation shall deter me." In The same sentiment is expressed by William Wordsworth. his impressive enquiry on the Convention of Cintra, he says, I mean that fixed and habitual principle, which implies the absence of all selfish anticipations, whether of hope or fear, and the inward disavowal of any tribunal higher and more dreaded than the mind's own judgment upon its own act. He, in whom talents, genius, and principle are united, will have a firm mind, in whatever embarrassment he may be placed; will look steadily at the most undefined shapes of difficulty and danger, of possible mistake or mischance; nor will they appear to him more formidable than they really are, for his attention is not distracted-he has but one business, and that is with the object before him. Neither in general conduct nor in particular emergencies, are his plans subservient to considerations of rewards, estate, or title: these are not to have precedence in his thoughts, to govern his actions, but to follow in the train of his duty. Such men, in ancient times, were Phocion, Epaminondas, and Philopœmen; and such a man was Sir Philip Sidney, of whom it has been said, that he first taught this country the majesty of honest dealing. The same sentiment is expressed by our illustrious countryman, Lord Bacon, who says, 66 learning endueth men's minds with a true sense of the frailty of their persons, the casualty of their fortunes, and the dignity of their soul and vocation: so that it is impossible for them to esteem that any greatness of their own fortune can be a true or worthy end of their being and ordainment; and therefore are desirous to give their account to God, and so likewise to their masters under God, (as kings and the states that they serve) in these words; Ecce tibi lucrefeci, and not Ecce mihi lucrefeci: whereas the corrupter sort of mere politicians, that have not their thoughts established by learning in the love and apprehension of duty, nor ever look abroad into universality, do refer all things to themselves, and thrust themselves into the centre of the world, as if all lines should meet in them and their fortunes; never caring, in all tempests, what becomes of the ship of state, so they may save themselves in the cockboat of their own fortune, whereas men that feel the weight of duty, and know the limits of self-love, use to make good their places and duties, though with peril. |