Captain Maconochie's system may be divided into two distinct
and very different parts; namely, the general principles and
the details. Concerning the latter, we are unwilling to hazard
an opinion, deeming them peculiarly a matter of experiment, and
incapable of proof or refutation by any other test than experience.
But principles are universal, and, if true, may always be supported
by argument, and strengthened by discussion; those of the Mark
System, we think, will bear the application of both. No one
possessed of the smallest experience of the human mind, will deny
that it is utterly impossible to inculcate and fix good habits
by a process which is continually distasteful to the patient.
With regard to labour, which is compulsory and unproductive, the
labourer, so far from becoming habituated to it, loathes it the more
the longer he is obliged to continue it. Such labour, moreover,
has no good effect upon the mind; it produces nothing but disgust
and discontent. A similar result is produced upon the body under
similar circumstances. Exercise is only beneficial when taken with
a good will, and enjoyed with a zest: a man who should walk but
two or three miles, grumbling all the way, would be as tired at
the end as though he had walked twenty in a more contented mood.
What, then, will some one say, are prisoners not to be punished
at all? Is every thing to be made easy to them, and ingenuity
taxed for devices to render their sentences agreeable, and to take
the sting from imprisonment? The answer is ready. The law is not
vindictive, and does not pretend to inflict suffering beyond what is
necessary for the security of society. The thief and the homicide
cannot be allowed to go at large. They must either be sent out of
the country, or shut up within it. By some means or other, they
must be deprived of the power of inflicting further injury upon
their fellow-creatures. But how long are they to be cut off from
the world? For a time fixed and irrevocable, and irrespective of
subsequent good conduct, or reformation of character, or any other
consideration than only the magnitude of the original offence?
Surely neither reason nor humanity can approve such a doctrine;
for does it not, in fact, involve the very principle which our
law repudiates, namely, the principle that its punishments are
vindictive? If a man who steals a horse, and is condemned to three
years' imprisonment, be compelled to undergo the whole sentence,
without reference to his conduct under confinement, this surely is
vengeance, and not, what it assumes to be, a punishment proportioned
to the necessity of the case. It is, no doubt, proper that a
criminal should be condemned to suffer some loss of liberty, more
or less, according to the nature of his delinquency, and a minimum
should always be fixed; but it seems equally proper, and consistent
with acknowledged principles, that a power should reside somewhere
of diminishing the maximum, and where more advantageously than in
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