lt problem of legislation. We are
far from despairing of some approximation to a solution, which is the
utmost that can be looked for; but we are also convinced that even this
approximation will not be presented to us by those who seem willing to
blind themselves to the difficulties they have to contend with. Without,
therefore, assuming the air of opposition to the schemes of
philanthropic legislators, we would correct, so far as lies in our
power, some of those misconceptions and oversights which energetic
reformers are liable to fall into, whilst zealously bent on viewing
punishment in its reformatory aspect.

We have selected for our comments the pamphlets of Captain Maconochie,
not only because they illustrate the hasty and illogical reasonings, the
utter forgetfulness of elementary principles, into which such reformers
are apt to lapse; but also for the still better reason, that they
contain a suggestion of real value; a contribution towards an efficient
prison-discipline, which merits examination and an extensive trial. We
have added to these pamphlets a brief work of Zschokke's, the venerable
historian of Switzerland, on death-punishment, in order that we might
extend our observations over this topic also. It is evident that the
question of capital punishment, and the various questions relating to
prison discipline, embrace all that is either very interesting or very
important in the prevailing discussions on penal legislation.
Transportation forms no essentially distinct class of punishment, as the
transported convict differs from others in this only, that he has to
endure his sentence of personal restraint and compulsory labour in a
foreign climate.

Reformatory punishment! Alas, there is an incurable contradiction in the
very terms! Punishment is pain, is deprivation, despondency, affliction.
But, would you reform, you must apply kindness, and a measure of
prosperity, and a greater measure still of hope. There is no genial
influence in castigation. It may deter from the recommission of the
identical offence it visits, but no conversion, no renewal of the heart,
waits on its hostile presence; the disposition will remain the same,
with the addition of those angry sentiments which pain endured is sure
to generate. No philosopher or divine of these days would invent a
purgatory for the purifying of corrupted souls. No--he would say--your
purgatory may be a place of preparation if you will, but _not_ for
heaven.