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WORKS OF THE REV. SIDNEY SMITH. who refuse to be any longer restrained by those prin for persons to whom you mean to make labour as irk. ciples which have hitherto been held to be as clear as some as possible ; but for this very reason, it is the they are important to human happiness.

labour to which an untried prisoner ought not to be To begin, then, with the nominative case and the put. verb—we must remind those advocates for the tread. It is extremely un candid to say that a man is obsti. mill, a parte ante (for which the millers a parte post nately and incorrigibly idle, because he will not subwe have no quarrel), that it is one of the oldest max. init to such tiresome and detestable labour as that of ims or common sense, common humanity, and common the treadmill. It is an old feeling among Englishmen law, to consider every mon as innocent till he is proved that there is a difference between tried and untried to be guilty; and not only to consider him to be inno- persons, between accused and convicted persons.cent, but to treat him as if he was so ; to exercise upon These old opinions were in fashion before this new his case not inerely a barren speculation, but one magistrate's plaything was invented; and we are con. which produces practical effects, and which secures to vinced that many industrious persons, feeling that e prisoner the treatment of an honest, unpunished they have not had their trial, and disgusted with the inan. Now, to compel prisoners before trial to work nature of the labour, would retuse to work at the it the treadmill, as the condition of their support, treadmill, who would not be averse to join in any must, in a great number of instances, operate as a common and fair occupation. Mr. Headlam says, that very severe punishment. A prisoner may be a tailor, labour may be a privilege as well as a punishment.9 Watchmaker, a bookbinder, a printer, totally unac- So may taking physic be a privilege, in cases where it customed to any such species of labour. Such a man is asked for as a charitable relier, but not if it is stuffed may be cast into jail at the end of August,* and not down a man's throat whether he say yea or nay. Cer. tried till the March following, is it no punishment tainly labour is not necessarily a punishment : nobody to such a man to walk up hill like a turnspit dog, in has said it is so ; but Mr. Headlam's labour is a punan infamous machine, for six months? and yet there ishment, because it is irksome, infamous, unasked for, are gentlemen who suppose that the common people and undeserved. This gentleman, however, observes, do not consider this as punishment !-that the gayest that committed persons have offended the lau's ; and and most joyous of human beings is a treader, untried the sentiment expressed in these words is the the key by a jury of his countrymen, in the fifth month of to his pamphlet and his system—a perpetual tendency litring up the leg, and striving against the law of grav. to confound the convicted and the accused. ity, supported by the glorious iutorinatior: which he receives from the turnkey, that he has all the time I apprehend there is no difference of opinion. All are agreed

*With respect to those sentenced to labour as a punishment, been grinding flour on the other side of the wall! If that it is a great defect in any prison where such coovieis are this sort of exercise, necessarily painful to sedentary unemployed. But as to all other prisoners, whether debtors, persons, is agreeable to persons accustomed to labour, persons committed for trial, or convicts not sentenced to hard ihen make it voluntary--give the prisoners their choice labour, if they have no means of subsisting themselves, and -give more money and more diet to those who can must, if discharged, either labour for their livelihood or apply and will labour at ihe treadmill, if the treadmill (now for parochial relief, it seems unfair to society at large, and 60 dear to magistrates) is a proper punishment for especially to those who maintain themselves by honest indusuntried prisoners. The position we are contending try, that those who, by offending the laus, have subjected themagainst is, that all poor prisoners who are able to without being called upon for the same exertions which others work shouid be put to work upon the treadmill, the have to use to obtain such advantages.'--Headlam, pp. 2, 2. inevitable consequence of which practice is, a repeti. tion of gross injustice by the infliction of undeserved Now nothing can be more unfair than to say that punishment; for punishment, and severe punishment, such men have offended the laws. That is the very to such persons as we have enumerated, we must con question to be tried, whether they have offended the sider it to be.

laws or not? It is merely because this little circumBut punishments are not merely to be estimated by stance is taken for granted that we have any quarrel pain to the limbs, but by the feelings of the mind. at all with Mr. Headlam and his school. Gentlemen punishers are apt to forget that the com

'I can make,' says Mr. Headlam, 'every delicate consideramon people have any mental feelings at all, and think, tion for the rare case of a person perfectly innocent being if body and belly are attended to, that persons under committed to jail on suspicion of crime. Such person is destra a certain ncome have no right to likes and dislikes. vedly an object of compassion, for having fallen under circumThe labour of the treadmill is irksome, dull, monoto.stances which subject him to be charged with crime, and, counous, and disgusting to the last degree. A man does sequently, to be deprived of his liberty: but it he has been in not see his work, does not know what he is doing, there does not appear to be any addition to his misfortune is

the habit of labouring for his bread before his commitment, what progress he is making; there is no room for art, being called upon to work for his subsistence in prison.'contrivance, ingenuity, and superior skill-all which Headlam, p. 24. are the cheering circumstances of human labour, The husbandman sees the field gradually subdued by

And yet Mr. Headlam describes this very punishthe plough ; the smith beats the rude mass of iron by ment, which does not add to the misfortunes of an in. degrees into its meditated shape, and gives it a medí. nocent man, to be generally disagreeable, to be dull, irktated utility; the tailor accommodates his parallelo- some, to excite a strong dislike, to be a dull, monotonous grann ot' cloth to the lumps and bumps of the human labour, to be a contrivance which connects the idea of body, and, holding it up, exclaims, . This will contain discomfort with a jail. (p. 36.) So that Mr. Headlam the lower moiety of an human being. But the treader looks upon it to be no increase of an innocent man's does nothing but tread; he sees no change of objects, misfortunes, to be constantly employed upon a dull, admires no new relation of parts, imparts no new qual. irksome, monotonous labour, which excites a strong ities to inatter, and gives to it no new arrangements dislike, and conneets the idea of discomfort with a jail. and positions ; or, if he does, he sees and knows it not, We cannot stop, or stoop to consider, whether beating but is turned at once from a rational being, by a justice hemp is more or less dignified than working in a mill. of peace, into a primum mobile, and put upon a level The simple rule is this:-whatever felons do, med not with a rush of water or a puff of steam. It is impos. yet proved to be felons should not be compelled to do. sible to get gentlemen to attend to the distinction beIt is of no use to look into laws become obsolete by [ween raw and roasted prisoners, without which all alteration of manners. For these fifty years past, and discussion on prisoners is perfectly ridiculous. No- before the invention of treadmills, untried men were thing can be more excellent than this kind of labour not put upon felons' work; but with the mill came in

the mischief. Mr. Headlam asks, How can men be

employed upon the ancient trades in a prison ?-cer. * Mr. Headlam, as we understand, would extend this labour tainly they cannot ; but are human occupations so few, to all poor prisoners before trial, in jails which are delivered and is the ingenuity of magistrates and jailers so limdelivered four times a year at the Sessions ; i.e. not to extend ited, that no occupations can be found for innocent the labonr, but to refuse all support to those who refuse the men, but those which are shameful and odious ? Does labour distinction, but not a difference.

Mr. Headlam really believe, that grown up and bap

tised persons are to be satisfied with such arguments, the reflection that his family are existing upon a preor repelled by such difficulties.?

carious parish support, that his little trade and proIt is some compensation to an acquitted person, perty are wasting, that his character has become in. that the labour he has gone through unjustly in jail famous, that he has incurred ruin by the malice of has taught him some trade, given him an insight into others, or by his own crimes, that in a few weeks he some species of labour in which he may hereafter im. is to fórfeit his life, or be banished from every thing prove himself; but Mr. Headlam's prisoner, after a he loves upon earth. This is the improved situation, verdict of acquittal, has leamt no other art than of and the redundant happiness which requires the penal walking up hill; he has nothing to remember or re. circumvolutions of the justice's mill to cut off so uncompense him but three monihs of undeserved and just a balance of gratification, and bring him a little unprofitable torment. The verdict of the jury has nearer to what he was before imprisonment and accu. pronounced him steady in his morals ; the conduct of sation. It would be just as reasonable to say, that an the justices has made him stiff in his joints.

idle man in a fever is better off than a healthy man But it is next contended by some persons, that the who is well and earns his bread. He may be better poor prisoner is not compelled to work, because he off if you look to the idleness alone, though that is has the alternative of starving, if he refuses to work. doubtful; but is he better off if all the aches, agonies, You take up a poor man upon suspicion, deprive him disturbances, deliriums, and the nearess to death, of all his usual inethods of getting his livelihood, and are added to the lot? then giving him the first view of the treadmill, he of Mr. Headlam's panacea for all prisoners before trial, the quorum thus addresses him :- My amiable iriend, is the treadmill: we beg his pardon-for all poor priwe use no compulsion with untried prisoners. You soners; but a man who is about to be tried for his are free as air till you are found guilty ; only it is my life, often wants all his leisure time to reflect upon duty to inform you, as you have no money of your his defence. The exertions of every man within the own, that the disposition to eat and drink which you walls of a prison are necessarily crippled and impairhave allowed you sometimes feel, and upon which I ed. What can a prisoner answer who is taken hot do not mean to cast any degree of censure, cannot and reeking from the treadmill, and asked what he possibly be gratified but by constant grinding in this has to say in his detence ; his answer naturally is—'I machine. It has its inconveniences, admit; but have been grinding corn instead of thinking of my debalance them against the total want of meat and fence, and have never been allowed the proper leisure drink, and decide for yourself. You are perfectly at to think of protecting my character and my life. This liberiy to make your choice, and I by no means wish is a very strong feature of cruelty and tyranny in the to influence your judgment. But Mr. Nicoll has a mill. We ought to be sure that every man has had curious remedy for all this miserable tyranny ; he says the fullest leisure to prepare for his defence, that his it is not meani as a punishment. But if I am conscious mind and body have not been harassed by vexatious that I never have committed the offence, certain that and compulsory employment. The public purchase, I have never been found guilty of it, and find myself at a great price, legal accuracy, and legal talent, tó tossed into the middle of an infernal machine, by the accuse a man who has not, perhaps, one shilling to folly of those who do not know how to use the power spend upon his defence. It is atrocious cruelty not to entrusted to them, is it any consolation to me to be leave him full leisure to write his scarcely legible let. told, that it is not intended as a punishment, that it is ters to his witnesses, and to use all the melancholy a lucubration of justices, a new theory of prison dis- and feeble means which suspected poverty can employ cipline, a valuable county experiment going on at the for its defence against the long and heavy arm of expense of my arms, legs, back, feelings, character, power. and rights? We must tie those prægustant punishers A prisoner, upon the system recommended by Mr. down by one question. Do you mean to inflict any Headlam, is committed, perhaps at the end of August, degree of punishment upon persons merely for being and brought to trial the March following; and, after suspected ?-or at least any other degree of punish- all, the bill is either thrown out by the grand jury, or ment than that without which criminal justice cannot the prisoner is fully acquitted ; and it has been found, exist, detention ? If you do, why let any one out upon we believe, by actual returns, that, of committed pri. bail ? For the question between us is not, how suspec. soners, about a half are actually acquitted, or their ac. ted persons are to be treated, and whether or not they cusations dismissed by the grand jury. This may be are to be punished; but how suspected poor persons very true, say the advocates of this system, but we are to be treated, who want county support in prison. know that many men who are acquitied are guilty. If to be suspected is deserving of punishment, then no They escape through some mistaken lenity of the law, man ought to be let out upon bail, but every one should or some corruption of evidence ; and as they have not be kepi grinding from accusation to trial; and so had their deserved punishment after trial, we are not ought all prisoners to be treated for offences not bail. sorry they had it before. The English law says, able, and who do not want the county allowance. And better many guilty escape, than that one innocent man yet no grinding philosopher contends, that all suspec. perish ; but the humane notions of the mill are bottomied persons should be put in the mill—but only those ed upon the principle, that all had better be punished who are too poor to find bail, or buy provisions. lest any escape. They evince a total mistrust in the

If there are, according to the doctrines of the millers, jurisprudence of the country, and say the results of to be two punishments, the first for being suspected of irial are so uncertain, that it is better to punish all the committing the offence, and the second for committing prisoners before they come into court. Mr. Headlam it, there should be two trials as well as two punish- forgets that general rules are not beneficial in each in ments. Is the man really suspected, or do his accusers dividual instance, but beneficial upon the whole ; that only pretend to suspect him? Are the suspecting of they are preserved because they do much more good betier character than the suspected ? Is it a light sus. than harm, though in some particular instances ihey picion which may be atoned for by grinding a peek a do more harm than good ; yet no respectable man day? Is it a bushel case? or is it one deeply críminai, violates them on that account, but holds them sacred which requires the flour to be ground fine enough for for the great balance of advantage they confer upon French rolls ? But we must put an end to such ab- mankind. It is one of the greatest crimes, for instance, surdities.

to take away the life of a man; yet there are many It is very untruly stated, that a prisoner, before men whose death would be a good to society, rather trial, not compelled to work, and kept upon a plain than an evil. Every good man respects the property diet, merely sufficient to maintain him in health, is of others ; yet to take from a worthless miser, and to better off than he was previous to his accusation ; and give it to a virtuous man in distress, would be an adit is asked, with a triumphant leer, whether the situa- vantage. Sensible men are never staggered when they tion of any man ought to be improved, merely because see the exception. They know the importance of the he has become an bjed of suspicion to his fellow. rule, and protect it most eagerly at the very moment creatures? This happy and fortunate man, however, when it is doing more harm than good. Thejlain rule is separated from his wife and family ; his liberty is of justice is, that no man should be punished till he is taken away; he is confined within four walls; he has found guilty ; but because Mr. Headlam occasionally

sees a bad man acquitted under this rule, and sent out ; Prison discipline is an object of considerable im unpunished upon the world, he forgets all the general portance; but the common rights of mankind, and good and safety of the principle are debauched by the lihe common principles of justice, and humanity, and exception, and applauds and advocates a system of liberty, are of greater consequence even than prison prison discipline which renders injustice certain, in discipline. Right and wrong, innocence and guilt, order to prevent it from being occasional.

must not be confounded, that a prison-fancying justice The meaning of all preliminary imprisonment is, may bring his friend into the prison and say, “Look that the accused person should be forthcoming at the whát a spectacle of order, silence, and decorum we time of trial. It was never intended as a punishment. have established here ! no idleness, all grinding -we Bail is a far better invention than imprisonment, in produce a penny roll every second-our prison is supcases where the heavy punishment of the offence posed to be the best regulated prison in Englandwould not induce the accused person to run away from Cubitt is making us a new wheel of forty felon power any bail. Now, let us see the enormous difference -look how white the flour is, all done by untried pri. this new style of punishment makes between two soners—as innocent as lambs! If prison discipline men, whose only difference is, that one is poor and is to supersede every other consideration, why are the other rich. "A and B are accused of some bailable pennyless prisoners alone to be put into the mill be offence. A has no bail to offer, and no money to sup- fore irial? If idleness in jails is so pernicious, why port himself in prison, and takes, therefore, his four not put all prisoners in the treadmill, the rich as weit or five months in the treadmill

. B gives bail, appears as those who are unable to support themselves? Why at his trial, and both are sentenced to two months' are the debtors left out? If fixed principles are to be imprisonment. In this case, the one suffers three given up, and prisons turned into a plaything for matimes as much as the other for the same offence : but gistrates, nothing can be more unpicturesque than to suppose A is acquitted and B found guilty-the inno- see one-half of the prisoners looking on, talking, cent man has then laboured in the treadmill five gaping, and idling, while their poorer brethren are months because he was poor, and the guilty, man grinding for dinners and suppers. labours two months because he was rich. We are It is a very weak argument to talk of the prisoners aware that there must be, even without the tread. earning their support, and the expense to a county of mill, a great and an inevitable difference between maintaining prisoners before trial--as if any rational men (in pari delicto,) some of whom can give bail, man could ever expect to gain a farthing by an exand some not; but that difference becomes infinitely pensive mill, where felons are the moving power, and more bitter and objectionable, in proportion as de- justices the superintendents, or as if such a trade must tention before trial assumes the character of severe not necessarily be carried on at a great loss. If it and degrading punishment.

were just and proper that prisoners, before trial, If motion in the treadmill was otherwise as fasci- should be condemned to the mill, it would be of nó nating as millers describe it to be, still the mere de consequence whether the county gained or lost by gradation of the punishment is enough to revolt every the trade. But the injustice of the practice can never feeling of an untried person. It is a punishment con- be defended by its economy; and the fact is, that it secrated to convicted felons—and it has every cha. increases expenditure, while it violates principle. We racter that such punishment ought to haye.. An un. are aware, that by leaving out repairs, alterations, tried person feels at once, in getting into the mill, and first costs, and a number of little particulars, a that he is put to the labour of the guilty; that a mode very neat account, signed by a jailer, may be made of employment has been selected for him, which ren. up, which shall make the mill a miraculous combina. ders him infamous before a single fact or argument tion of mercantile speculation and moral improvehas been advanced to establish his guilt. If men are ment; but we are too old for all this. We accuse noput into the treadmill before trial, it is literally of no body of intentional misrepresentation. This is quite sort of consequence whether they are acquiited or out of the question with persons so highly respectable; not. Acquital does not shelter them from punish- but men are constantly misled by the spirit of system, ment, for ihey have already been punished. It does and egregiously deceive themselves--even very good not screen them from infamy, for they have already and sensible men been treated as if they were infamous; and the asso. Mr. Headlam compares the case of a prisoner before ciation of the treadmill and crimes is not to be got trial, claiming support, to that of a pauper claiming over. This machine flings all the power of juries relief from his parish. But it seems to us that no two into the hands of the magistrate, and makes every cases can be more dissimilar. The prisoner was no simple commitment more terrible than a conviction ; pauper before you took him up, and deprived him of for. in a conviction, the magistrate considers whether his customers, tools, and market. It is by your act the offence has been committed or not; and does not and deed that he is fallen into a state of pauperism; send the prisoner to jail unless he thinks him guilty; and nothing can be more preposterous, than first to but in a simple commitment, a man is not sent to jail make a man a pauper, and ihen to punish him for be. because the magistrate is convinced of his guilt, but ing so. It is true, that the apprehension and deten. because he thinks a fair question may be made to a tion of the prisoner were necessary for the purposes of jury whether the accused person is guilty or not. criminal justice; but the consequences arising from Still, however, the convicted and the suspected both this necessary act cannot yet be imputed to the prigo to the same mill; and he who is there upon the soner, He has brought it upon himself, it will be urdoubt, grinds as much flour as the other whose guilt ged; but that remains to be seen, and will not be is established by a full examination of conflicting known till he is tried; and till it is known you have evidence.

no right to take it for granted, and to punish him as if Where is the necessity for such a violation of com- it were proved. mon sense and common justice? Nobody asks for the There seems to be in the minds of some gentlemen idle prisoner before trial more than a very plain and a notion, that when once a person is in prison, it is of moderate diet.. Offer him, if you please, some labour little consequence how he is treated afterwards. The which is less irksome, and less intamous than the tyranny which prevailed, of putting a person in a par: treadmill-bribe him by improved diet, and a share ticular dress before trial, now abolished by aci of of the earnings; there will not be three men out of an Parliament, was justified by this train of reasoning:hundred who would refuse such an invitation, and The man has been rendered infamous by imprison. spurn at such an improvement of their condition. A ment. He cannot be rendered more so, dress him as little humane attention and persuasion, among men you will. His character is not rendered worse by the who ought, upon every principle of justice, to be con- ireadmill, than it is by being sent to the place where sidered as innocent, we should have thought much the treadmill is at work. The substance of this way more consonant to English justice, and to the feelings of thinking is, that when a fellow.creature is in the of English magistrates, than the rack and wheel of Cubitt.*

reviewing the pamphlet and system of a gentleman remarka

ble for the urbanity of his manners, and the mildness and hu* It is singular enough, that we use these observations in manity of his disposition.

1823.

ing the

frying pan, there is no harm in pushing him into the AMERICA. (EDINBURGH REVIEW.) fire ; that a little more misery-a little inore intamya few more links are of no sort ot' consequence in a 1. Travels through Part of the United States and Canada, prison-life. If this monstrous style of reasoning ex

in 1818 and 1819. by John M. Duncan, A. B. Glasgow, iended to hospitals as well as prisons, there would be no harm in breaking the small bone of a man's leg,- 2. Letters from North America, written during a Tour in because the large one was fractured, or in peppering

the United States and Canada. By Adam Hodgson. Lonwith smal

don, 18:24. shot a person who was wounded with a cannon-ball. The principle is, because a man is very 3. An Excursion through the United States and Canada, dur wretched there is no harm in making him a little

years 1822–3. By an English gentleman. London,

1824. more so. The steady answer to all this is, that a man is imprisoned before trial, solely for the purpose of se. There is a set of miserable persons in England, who curing his appearance at his trial; and that no punish are dreadfully afraid of America and every thing Amement nor privation, not clearly and candidly necessary rican-whose greal delight is to see that country ridi. for that purpose, should be inflicted upon him. I keep culed and vilitied-and who appear to imagine that all you in prison, because criminal justice would be de- the abuses which exist in this country acquire additeated by your fiight, if I did not: but criminal justice tional vigour and chance of duration from every book can go on very weil without degrading you to hard and of travels which pours forth its venom and falsehood infamous labour, or denying you any reasonable gration the United States. We shall from time to time call fication. For these reasons, the first of those acts is the attention of the public to this subject, not from just, the rest are mere tyranny.

any party spirit, but because we love ihe iruth, and Mr. Nicoll, in his opinion, tells us, that he has no praise excellence wherever we find it; and because we doubt Parliament would amend the bill, if the omission think the example of America, will in many instances was stated to them. We, on the contrary, have no tend to open the eyes of Englishmen to their true inte. manner of doubt that Parliament would treat such a rests. petition with the contempt it deserved. Mr. Peel is The economy of America is a great and important ioo much enlightened and sensible to give any counte. object for our imitation. The salary of Mr. Bagot, our nance to such a great and glaring erroi. In this case, late ambassador, was, we believe, rather higher than -and we wish it were a more frequent one-the wis that of the President of the United States. The vice. dom comes from within, and the error from without president receives rather less than the second clerk of the walls of Parliament.

the House of Commons; and all salaries civil and mi. A prisoner before trial who can support himself, litary, are upon the same scale; and yet no country is ought to be allowed every fair and rational enjoyment better served than America! Mr. Hume has at last which he can purchase, not incompatible with prison persuaded the English people to look into their acdiscipline. He should be allowed to buy ale or wine counts, and see how sadly they are plundered. But we in moderation,-to use tobacco, or any thing else he ought to suspend our contempt for America, and concan pay for within the above-mentioned limits. If he sider whether we have not a very momentous lesson cannot support himself, and declines work, then he to learn from this wise and cautious people on the should be supported upon a very plain, but still a plen. subject of economy. tiful diet (something better we think than bread and A lesson upon the importance of religious toleration, water); and all prisoners before trial should be allowed we are determined, it would seem, not to learn,-either to work. By a liberal share of earnings (or rather by from America or any other quarter of the globe. The rewards, for there would be no earnings); and also by High Sheriff of New York last year was a Jew. It an improved diet, and in the hands of humane magis- was with the utmost difficulty that a bill was carried trates, there would soon appear to be no necessity for this year to allow the first Duke of England to carry a appealing to the treadmill till trial was over.

gold stick before the king-because he was a Catholic! This treadmill, after trial, is certainly a very excel. --and yet we think ourselves entitled to indulge in imlent method of punishment, as far as we are yet ac- pertinent sneers at America,-as if civilization did not quainted with its effects. We think, at present, how-depend more upon making wise laws for the promotion ever, it is a little absurd; and hereafter it is our of' humau happiness, than in having good inns, and intention to express our opinion upon the limits to post-horses, and civil waiters. The circumstances of which it ought to be confined. Upon this point, how.lihe Dissenters' marriage bill are such as would excite ever, we do not much differ from Mr. Headlam;- the contempt of a Choctaw or Cherokee, if he could be although, in his remarks on the treatment of prisoners brought to understand them. A certain class of Disbefore trial, we think he has made a very serious mis- senters beg they may not be compelled to say that take, and has attempted (without knowing what he they marry in the name of the Trinity, because they was doing, and meaning, we are persuaded, nothing do not believe in the Trinity. Never mind, say the but what was bonest and just) to pluck up one of the corruptionists, you must go on saying you marry in the ancient landmarks of human justice.

alive! When we recommend severity, we recommend, of All magistrates should remember that nothing is more easy course, that degree of severity which will not excite compasto a person intrusted with power than to convince himself it is sion for the sufferer, and lessen the horror of the crime. This his duty to treat his fellow-creatures with severity and rigour, is why we do not recommend torture and amputation of limbs. -and then to persuade himself that he is doing it very reluc- When a man has been proved to have committed a crime, it is tantly, and contrary to his real feeling.

expedient that society should make use of that man for tho We hope this article will conciliate our old friend, Mr. diminution of crime: he belongs to them for that purpose, Roscoe-who is very angry with us for some of our former Our primary duty, in such a case, is so to treat the culprit that lucubrations on prisou discipline,-and, above all, because we many other persons may be rendered better, or prevented are not grave enough for him. The difference is thus stated : from being worse by dread of the same treatment; and, -Siz ducks are stolen. Mr. Roscoe would commit the man to making this the principal object, to combine with it as much prison for six weeks, perhaps-reason with him, argue with as possible the improvement of the individual. The ruffian him, give him tracts, send clergymen to him, work him gently who killed Mr. Mumford was hung within forty-eight hours. at some useful trade, and try to turn him from the habit of Upon Mr. Roscoe's principles, this was wrong; for it certainly stealing poultry. We would keep him hard at work twelve was not the way to recluim the man :-We say, on the contrahours every day at the treadmill, feed him only so as not to ry, the object was to do anything with the man which would inapair his health, and then give him as much of Mr. Roscoe's render murders leas frequent, and that the conversion of the system as was compatible with our own; and we think our man was a mere trifle compared to this. His death probably method would diminish the number of duck-stealers more prevented the necessity of reclaiming a dozen murderers. effectually than that of the historian of Leo X. The primary That death will not, indeed, prevent all murders in that counduck-stealer would, we think, be as effectually deterred from ty; but many who have sern it, and maty who have heard of repeating the offence by the terror of our imprisonment, as by it, will swallow their revenge from the dread of being hanged. the excellence of Mr. Roscoe's education-and, what is of infi- Mr. Roscoe is very severe upon our style ; bu poor dear Mr. nitely greater consequence, innumerable duck-stealers would Roscoe should remember that men have different tastes, and be prevented. Because punishment does not annihilate crime, different methods of going to work. We feel these matters as it is folly to say it does not lessen it. It did not stop the mur- deeply as he does. But why so cross upon this or any other der of Mrr. Donatty; but how many Mrs. Donattys has it kept 'subject!

name of the Trinity, whether you believe in it or not. most justly characterized as a very religious people: We know that such a protestation from you will be but they are devout without being unjust (the great false: but, unless you inake it, your wives shall be problem in religion); an higher proot of civilization concubines, and your children illegitimate. Is it pos ihan painted tea-cups, water-proot leather, or broad. sible to conceive a greater or more useless tyranny cloth at two guineas a yard. than this?

America is exempted by its very newness as a na.

tion, from many of ihe evils of the old governments of •In the religious freedom which America enjoys, I see a more unquestioned superiority. In Britain we enjoy tolera- Europe. It has no mischievous remains of feudal intion, but here they enjoy liberty. If government has a

stitutions, and no violations of political economy sanc. right to grant toleration to any particular set of religious tioned by time, and older than ihe age of reason. Ifa opinions, it has also a right to take it away; and such a man finds a partridge upon his ground eating his com, right with regard to opinions exclusively religious I would in any part of Kentucky or Indiana, he may kill it, deny in all cases, because totally inconsistent with the na even if his father is not a doctor of divinity. The ture of religion, in the proper meaning of the word, and Americans do not exclude their own citizons from any equally irreconcilable with civil liberty, rightly so called. branch of commerce which they leave open to all the God has given to each of us his inspired word, and a rational mind to which that word is addressed. 'He has rest of the world. also made known to us that each for himselt must answer One of them said, that he was well acquainted with a at his tribunal for his principles and conduct. What man, British subject, residing at Newark, Upper Canada, who then, or body of men, has a right to tell me, “ You do not annually smuggled from 500 to 1000 chests of tea into that think aright on religious subjects, but we will tolerate your province froni the United States. He mentioned the name error?" The answer is a most obvious one, “Who gave of this man, who he said was growing very rich in conseyou authority to dictate?-or what exclusive claim have quence; and he stated the manner in which the fraud was you to infallibility?" It my sentiments do not lead me inanaged. Now, as all the tea ou ht to be brought from into conduct inconsistent with the welfare of my fellow England, it is of course very expensive; and therefore the creatures, the question as to their accuracy or fallacy is one Canadian tea dealers, after buying one or two chests at between God and my own conscience; and, though a fair Montreal or elsewhere, which have the custom-house mark subject for argument, is none for compulsion.

upon them, fill them up ever afterwards with tea brought • The Inquisition undertook to regulate astronomical from the United States. It is calculated that near 10,000 science, and kings and parliaments have with equal pro- chests are annually consumed in the Canadas, of which not priety presumed to legislate upon questions of theology. more than 2000 or 3000 come from Europe. Indeed, wben The world has outgrown the former, and it will one day be I had myself entered Canada, I was told that of every firashamed that it has been so long of outgrowing the latter. teen pounds of tea sold there, thirteen were smuggled. The The founders of the American republic saw the absurdity profit upon smuggling this article is from 50 to 100 per cent., of employing the attorney-general to refute deism and in- and with an extensive and wild frontier like Canada, canfidelity, or of attempting to influence opinion on abstract not be prevented. Indeed it every year increases, and is subjects by penal enactment; they saw also the injustice of brought to a more perfect system.' But I suppose that the taking the whole to support the religious opinions of the English government, which is the perfection of wisdom, few, and have set an example which older governments will never allow the Canadian merchants to trade direct to will one day or other be compelled to follow.

China, in order that (from pure charity) the whole profit of •In America the question is not, What is his creed?-but, the tea trade may be given up to the United States.'-Ezwhat is his conduct? Jews have all the privileges of Chris- cursion, pp. 394, 396. tians; Episcopalians, Presbyterians, and Independents, meet • You will readily conceive, that it is with no small mortion common ground. No religious test is required to quality fication that I hear these American merchants talk of sendfor public office, except in some cases a mere verbal assent ing their ships to London and Liverpool, to take in goods to the truth of the Christian religion; and in every court or specie, with which to purchase tea for the supply of throughout the country, it is optional whether you give European ports, almost within sight of our own shores. your affirmation or your oath.'-- Duncan's Travels, II. 325— They often taunt me, asking me what our government can 330.

posibly mean by prohibiting us from engaging in a profit

able trade, which is open to them and to all the world? or In fact, it is hardly possible for any nation to show where can be our boasted liberties, while we tamely submit a greater superiority over another than the Americans, to the intracticn of our natural rights, to supply a monopoly in this particular, have done over this country. They as absurd as it is unjust, and to humour the caprice of a have fairly, completely, and probably for ever, extin. company who exclude their fellow-subjects from a branch guished that spirit of religious persecution which has of commerce which they do not pursue themselves, but been the employment and curse of mankind for four or

leave to the enterprise of foreigners, or commercial rivals: five centuries, not only that persecution which impri- ment and people are growing wi-er; and that if the charter

On such occasions I can only reply, that both our governsons and scourges for religious opinions, but the tyran. of the East India Company be renewed, when it next es: ny of incapacitation, which, by disqualitying from civil pires, I will allow them to inter, that the people of England offices, and cutting a man off from the lawful objects of have little intiuence in the administration of their own ambition, endeavours to strangle religious freedom in affairs.'—- Hodgson's Letters, II. 128, 129. silence, and to enjoy all the advantages without the blood, and poise, and fire of persecution. What passes they are in many cases much more amalgamated than

Though America is a confederation of republics, in the mind of one mean blockhead is the general histo- the various parts of Great Britain. If a citizen of the ry of all persecution. “This man pretends to know bet. United States can make a shoe, he is at liberty to ter than me, I cannot subdue him by argument; but I make a shoe any where between Lake Ontario and will take care he shall never be mayor or alderman of New Orleans,-he may sole on the Mississippi-heel the town in which he lives; I will never consent to the

on the Missouri-measure Mr. Birkbeck on the little repeal of the test act or to Catholic emancipation ; I Wabash, or take (which our best politicians do not will teach the fellow to differ from me in religious find an easy matter), the length of Munroe's foot on opinions ! So says the Episcopalian to the Catholic the banks of the Potomac. But wo to the cobbler, -and so the Catholic says to the Protestant. wisdom of America keeps them all down-secures to Newcastle, should venture to invest with these coria.

But the who, having made Hessian boots for the aldermen of them all their just rights-gives to each of them their ceous integuments the leg of a liege subject at York. separate pews, and bells, and steeples-makes them A yellow ant in a nest of red ants—a butcher's dog in all aldermen in their turns-and quietly extinguishes a fox-kennel-a mouse in a bee-hive,-all feel the ef the faggots which each is preparing for the combustion fects of untimely intrusion;—but far preferable their of the other. Nor is this indifference to religious sub- fate to that of the inisguided artisan, who, misled by jects in the American people, but pure civilization—a sixpenny histories of England, and conceiving his thorough comprehension of what is best calculated to country to have been united at the Heptarchy, goes secure the public happiness and peace--and a determi. forth from his native town to stich freely within the nation that this happiness and peace shall not be vio- sea-girt limits of Albion. Him the mayor, him the Jated by the insolence of any human being, in the garb, alderman, him the recorder, him the quarter sessions and under the sanction of religiou. In this particular, would worry. Him the justices before trial would long the Americans are at the head of all the nations of the world : and at the same time they are, especially in

to get into ihe treadmill ;* and would lament that, by d di d

d

d the Eastern and Midland States, so far from being indifferent on subjects of religion, that they may be

* This puts us in mind of our friend Mr. Headlam, who we hear, has written an answer to our Observations on the

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