The Express.
London, England, 1848-11-04 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER• 4; 1848.

tbeitaaahs; its isithitios, er.the
will be tabs's+ a month Ifilsernis
eater into fall rivaby with Erni&
The peobahle malt* that the house of Austria
will be crashed in any each attempt. Its treachery,
and cruelty, and isgratitade to its German subjects
will set win for it the lasting attachment of its
Ildavocian population. Its Delilah policy has bees
merely to set the one raos to reduce aid slaughter the
other. It bombarded Pngoe with Germs& 011110011,
and reduced Vienna with Bohemian bayonet% Both
=will find out at last the sellehimaadaZgang
, and will refuse to be any sgs
single selfish, idiotic family. To the true German
its name will henceforth be in abhorrent*, whilst the
tone employed by both Croat and Tebech, by Isle
'Arnica and PALARKT, shows that if the Sclavo-
nisei, support the Emperor it is merely to serve the
selfish interest of their race, which is too narrow
and too retrograde to rise above mere provincial pa-
triotism, or to sink the desire of individual illustration
and existence, so favoured by provincialism, in the
wider and nobler prospect of a great, an united, and
free empire.

an lent to it,
, . and thus to

CAPTAIN MACONOCNIE'S letter—published in NEN-
thee column--commands, es it will doubtless that of
the reader, our most serious consideration. The
author of the mark system is himself a man of mark :
his intimate knowledge of the subject of criminal
treatment—the years of anxious reflection which he
has devoted to considering its principles—the praci-
cal experience which he has had in working them
out—all entitle his opinions to receive attentive study
from the penal reformer. As yet, justice has not been
done to Captain MACONOCEIE and hie ideas. Taking
an almost ultra-humane view of the end of prison
discipline—a view sufficiently original, though its ele-
ments are to be found in the penal philosophy of
BECCARIA and the older writers, to cause it to be re-
ceived with gibes and scorn from men who would not
take the trouble to understand it—he was only per-
mitted to make trial of his system where no conceiv-
able system would or could work well—in Norfolk
Island—amongst transport 4 d transports, the most de-
prayed, lost, self- abandoned human beings, perhaps,
on the earth's surface. Even there he did not fail.
On the contrary, those who are most intimately ac-
quain'ed with the penal settlement before and alter
his administration, consider it a signal success; and,
allowing for the lack of powers and proper means to
work with, every candid reader will, we think, concur
in the opinion. To au extent which seems miraculous
when we look back upon it, he succeeded in taming the
hitherto tameless,making thesavage gentle, and calling
out human f. clings from bosoms long dead to the
amenities of hle. In his hands, kindness really be-
' came a magic; sad, although these results must be in
put attributed to the personal influence of Captain
MAconocfilx, they are principally the result of hie

system.
The mark system, derided when it was not under-
stood, is now living down the more reasoning oppo-
sition which it once encountered. Year by year it
advances in public estimation. Rivals speak of it
now with respect ; former antagonists embrace and
promulgate it. That it will greatly modify, if it do
not supersede, most of the existing theories, we
consider as likely as any oontingency can be
considered. Captain MACONOCIIIIS says the mark
system is identical in principle with the views
advocated in these columns. It is so in a great
measure. As system of discipline, we think it
essentially sound: we emphasise the word essential
because we believe some of the details open to grave
discusaion. Wit these are not parts of a perft ct whole.
The mark system admits of a variety of modificitions
its author does not insist on fixing upon it even his
own developments. And wisely. The creator of a
method is hardly ever the first to see the extent or
the limits to which it may be applied.
The idea, divine in its origin, and supported by the
wisdom of all ages, pagan and Christian, that labour
is the expiator and the preventive of crime,
may be considered as the key to the mark
system. In this we entirely concur; and the doc-
trine has been frequently enforced in these columns.
Work is a sacrament. It is at once a purifi-
cation and a punishment: while it chastens it gives
strength. We cordially agree with Capt. MACON°.
cute in the importance which he attaches to the dis-
cipline of hard work. The criminal who wrongs so-
ciety breaks the contract which the law has established
between the individual and the aggregate. Ile be-
comes its debtor, owing it a certain amount of repass-
tion for the injury sustained. BECCABIA lays it dowa
that the amount of the damage is the fair measure of
the crime : and if we draw a right inference, the
author of the mark system implies the same thing.
All crimes, he says, should have a monetary value,
which the criminal shall be bound to redeem over and
above the cost of his mairtenance while in dun's.
The scale of values would require very nice adjust-
most, but this is a matterof detail, and it might be
left for the juries to decide. All punishments would
therefore sesame the form of
,fines—not to be paid,
however, in money, but to be cleared off by labour.
That the labour-sentence is more justin principle than
the time sentence now in use, there can be no doubt :
that it would work more profitably for good is equally
certain. The time sentence, especially under the
clumsy and ineffective discipline of too many of our
prisons, is a mere mockery of justice. It takes away
all stimulus to exertion. The offender feels himself
powerless in the hands of his keeper. Do what
he may, be has no control over his own
fate. Idle or industrious, dissolute or or-
derly, he knows he must serve out an inexorable
number of hours, weeks, or years. He always looks
forward to the day when, well or ill-beloved, he can
defy his superiors with impunity and laugh at their
authority. Meanwhile his great object is to kill, not
to improve, the time. The hardened offender cares
not for prison punishment, dark cells, and low diet,
for they leave him his darling laziness. We have
known many instances of criminals who preferred
idleness, the dark dungeon, and bread sad water, to
the wheel ; and we have recently heard of a man who
stood seventy days of such confinement rather than
work at the ordinary employments of a dockyard.
The work sentence would probably remove this
difficulty, as the prisoner would then feel
that bad conduct would further remove the day
of his liberation ; the penalty of every offence
being an addition to the original sentence, an
increase of the debt which ultimately must be all
paid off. So far we consider the system of Captain
?two:swam sound; we object, however, to his
"social sixes." It is just that a man atone for his
own sins—but why should he be bound for those of
others? This is pushing the doctrine of communism
Much further than we can accept it.
As a system of prison treatment, we think highly
of Captain MACONOCHIM3 idea: as a system of penal
philosophy, we consider it open to some emendations.
histoo humane. A romantic tenderness is misplaced
upon criminals. Razors will not cut marble, how-
ever keen their edge : philanthropy alone will not
prevent crime, however pure its motives. Our
reformer attaches too much importance to re-
form of the individual : this reform is very
essential, but it is not all—essential. We
would try to reform as well as punish : we would
correct—bat morally aa well as physically. Captain
MACONOCBIE would strive to reform—avoiding as
much as possible the very appearance of punishment.
He would consider the prison • moral hospital—the
inmates of which are to be cured at any price, and
restored to society sound. This is very generous :
but would it prevent crime ?
Our prison discipline will be very imperfect until
it is both reformatory and deterring. At present
we are in an experimental stage. For years we have
been trying only to deter—to strike terror. In this we
have failed—for crime has sot decreased, if we take
groupsof years and compare them. Perhaps it would not
be unwise to try the other extreme. Even failures
are fruitful in lessons. The experiment would have
mercy in its favour. Bat the interests caseerned are
very grave, and should not be lightly disturbed. No OM
advocates punishment for its own sake now—that
vengeance. Deterring power must, however, be bad.
Reform of the criminal may be the first objected
prison discipline ; but the ultimate end is the preven-
tion of crime. To society this is the all important
consideration. In dealing with the offender, yen
must not forget the world outside. It has also to be
impressed.—feeogieed—reformed. The great object
is to reconcile the good done to the violator
of the law with the intends of society. nue
must be no premium fleeted upon crime. We mast
throw no temptation in the way of honest poverty.
Above all, we most not mks the gaol a college which
can give diplomas of character and ability to its
eleses. Nothing can be more undesirable, notwithstand-
ing what Capt. Macottocarlsays, than a state of things