them in the imperfect form in which only they can be known, as
circumstances in extenuation or aggravation. This large part of
responsibility, it will seem to every reflective moralist, enters little
into the law's survey; and its penalties, at best, are "the rack of
this rude world." Death and imprisonment, as it inflicts them, are for
the protection of society, not for reformation, though the philanthropic
element in the State may use the period of imprisonment with a view to
reformation; nor in the history of the punishment of crime, of the
vengeance as such taken on men in addition to the social protection
sought, has society on the whole been less brutal in its repulse of its
enemies than they were in their attack, or shown any eminent justice
toward its victims in the sphere of their own lives. It is a terrible
and debasing record, up to this century at least, and uniformly
corrupted those who were its own instruments. It was the application of
force in its most material forms, and dehumanized those upon whom it was
exercised, placing them outside the pale of manhood as a preliminary to
its work. The lesson that the criminal remains a man, was one taught to
the law, not learned from it. On the civil side, likewise, similar
reservations must be made, both as regards its formulation and
operation. The law as an instrument of justice is a rough way of dealing
with the problems of the individual in society, but it is effective for
social ends; and, in its total body and practical results, it is a
priceless monument of human righteousness, sagacity, and mercy, and
though it lags behind opinion, as it must, and postpones to a new age
the moral and prudential convictions of the present, it is in its
treasury that these at last are stored.

If such be the case within the law, what indifference to justice does
the course of events exhibit in the world at large which comes under the
law's inquisition so imperfectly! How continuous and inevitable, how
terrible and pitiful is this aspect of life, is shown in successive ages
by the unending story of ideal tragedy, in poem, drama, and tale, in
which the noble nature through some frailty, that was but a part, and by
the impulse of some moment of brief time, comes to its wreck; and, in
connection with this disaster to the best, lies the action of the
villain everywhere overflowing in suffering and injury upon his victims
and all that is theirs. What is here represented as the gen