New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-19


command OF facts and broad Srasp Oh pfincides ior
which, as we have before seen, he IL distinguished
in other fields of inquiry. He brings philosophy to
bsay rnon tbe. affairs of common life and makes
sc;encs the euide of the arts of society," as it con-
fessedly is of the arts of industry. The Essay on
. Prison Ethics" is a profound inquiry into the
prineiples which should determine the treat
mept of criminals. The basis, reason, and limits
Of tho right of society to punish are considered;
he rights of the convict are eucidated; those laws
Of human nature and conditions Of society which
dictate the form, severity and duration Of punish
laent arc traced out and the circumstances which
require severe penal codes and those witch demand
their mitigation are indicated. lie shoWs that while
the dictates Of absolute morality and pure equity
aIe never to be lost sight OF, they are nevertheless
impIaeticable with men and things as they are and
that on the other hand more immediate expediency
could never lead to ameoration or improvement;
but than when the requirements OF high equity
are checked by o practical cxpediency when est-
MAKES the good or evil Of given course q saie'
just, and benefcent system Of CONFERENCE.-The
is obtained; and he moreover shows by the HloS'
varied and overwhelming evidence that this system
has been completely indicated in practice. lie
accounts of the excellent results of more humane
and enlightened penal policy under various and
widely different circumstances, are singulary inter-
| estipg and instructive.
| The essay on "Oyer.legslaiion' introduces US 10
NJ. Spencer's views on the functions and phlosq-
ply of government. lie may certainly be regarded
as one of the abest and most strenuous rcpreseh'a
tiyes of that school political thinkers which man
tains that the world is governed too much, and ths
the sphere Of legislation requires to be greatly CIT
cumscYihed Holding TO the doctrine OF evolution
| in its widest application ard that society IS a
growth and not manufacture, he maintains that
there is far more Of selreguiaton in things than IS
commonly allowed, aud that the progress Of soeisty
is far mora an affair of Spontaneous natural fen-
cies than of legislative enactment His doefrlre is
that government should DO vigorously restricted 10
he protection of rights and tho administration oil
Justice, and that when it passes beyond this sphere
it undertakes duties which it is incapable OF proper
! ly p,rforming-thss BY undertaking too nuch II
fails in everything, thys inficting upon TIC coSn-
muaity hest of wrong1srd calslnites. Ihlsaks-
ten of the true limits of State authority and the
legitimate sphere OF lsgislatcn is SO vital TO the
American citizen that We arc tempted 70 maze
copious extracts from this extended and powerful
argument. The Illustrations are chiefly Enslith,
but the reasoning is universal. Beginning with
some observations on the likelihood that our views
upon any dsbatable question are erroneous, seeing
that thousands, OF equal intelligence hold different
opinions, Mr.. Spencer remarks:
Barren OF practical results rs this reflection st int
sight appears, 1t may, and indeed should, influence
some Of most important proceedings. Ihough IN
daily LIE constantly obliged 20 act out our III
isrences trustees they may be-though IN the house.
in tie office IN tie street. there hourly arise occasions
which may not hesitate; seeing that II ~ act ie
dangerous 10 act OF oil is faaland though, con
scQuenty, private conduct this abstract doubt
TO the worth OF our Judgments must remain inoper
| alive vet, in onr public conduct may properly
allow 10 TO weigh with Here decision Is no longer
imperative while the difficulty Of deciding misht Is
incaicusbiy greater Clearly "a may think we
Low given win work. may infer. drawing
tie above Induction from human experience, that the
chances are many against tie truth Of autcipaons
Whether in most it is not wiser 10 DO nothing.
becomes Now q rational quetuoD.
Continuing his self criticism the cautious thiBkcr
NAV If in these personal transactions where
all the conditions of the Gaze known me- have
20 orc nscalculated how much oftener shall mis- cal
cuate in political ones where the conditions are too
numerous too spread too complex, 100 obscure "
be understood Here. doubtless. Is social evil and
there desideratum; and were sure Of doing no mis-
chief would forthwith Try 70 cure the one and achieve
The other Bat when l remember how many OF NY
private schemes have nisc0TI!ed-hOw specnatlOns
have Jailed, agents proved dishonest. marriage been
disappDntment-how did but pauperizc the relative
sought 20 help-hOw' 10Y carefully governed has
turned out than most ohiidrenhOw the thing
desperately strOye against misfortune did IN
goodhow. while the objects ardeniy pursued
brought me little Happiness when gained most Of my
pleasures have from unexpected sources; when
recall these and hosts Of like facts struck with the
utter Incompetence OF my intellect % prescribe for so
ecty And The evil Is under which society has
not lived bat grown while the desderGium II one 1t
may spontaneously secure. IL has most others in
some Unforeseen way question the propriey Of MID
ding"
There is great want Of this practical humility in
our political conduct. Though we have less sefconn
dence than ancestors, who did not hesitate to
game al Law their judgments on all subjects whatever
We have yet far too much Though We have ceased TO
assume the nfalbiliiy OF our theological becis and 30
ceased 10 enact them. have not ceased to enact
hosts of other beliefs OF an equally doubtful kind
Though We no longer presume 10 coerce men for their
spr1Eol good, sui think ourselves called upon 10
cOerce then for their material o0dpOt seeing that tho
one is as useless and as unwarrantabe the other
lnnumerabe failures seem 10 Tar. poweress 20 teach
this Take up daily paper and you viii probably find
leader exposing tho corruption, negligence or mis
management Of some Stated, paTtment Cast your eye
down tie next column and il not unlikely that you
will read proposals for extension Of ssaiesuperyi.
sion. Yesterday came charge of gross carelessness
against The Colonial Office to-day Admiralty bungingg
| are buresqued: tomorrow brings the question
Should there not be more coel-mne nspectors| Row
there complaint that the Board Of Health 10 Useless
and now ali Oatcry for more railway regulation,
While your still ringing with denunciations Of
Chancery abuses. Or your cheeks still glowing with
indignation az welexposed iniquity of the Ecce
sasiiea Courts, you suddenly upon suggestions
for organizing "a priesthood Of science" Here IL
vehement condemnation Of the police for stupiy allow
ing sight TO crush each other to death you look
for the corolary that Official regulation is not to BE-
trusted: when instead. apr0pcs Of a shipwreck you
read urgent demand for government inspectors 10
that ships always have their boats ready for launch
ing. Thus while every day chronicles failure, there
every day reappears the belief that it needs but Act
of Parliament nd aff nfiqars esIect