no matter under what peculiar circumstances of temptation, or what may have been their earlier training, were generally regarded as outcasts, unworthy of any care on the part of their fellow men, save so much as was necessary to subject them to the severest punishment. They had been arrested, perhaps, on the most unfounded suspicions-tried hastily, and under a load of prejudices, and condemned, without regard to justice or mercy, to ignominious confinement. There was then no eye to pity, this side of Heaven; no earthly hand stretched forth to succor or to save. Thrust remorselessly into dungeons to drag out a tortured existence, or companioned with the most vicious of their race, to learn new arts and habits of crime, the fate of the prisoner was inconceivably wretched. Christian benevolence, however, could not always sleep over such a melancholy condition of things; and accordingly, led on by that sect, which, in the day of its glory, was the first to move in every excellent enterprise-the Friends--means were devised for improving the discipline of jails, and meliorating the state of their unhappy inhabitants. Simultaneously with this active sympathy, there sprung up more liberal views as to the nature and deservings of crime, and offenders, who had been spoken of only in the most bitter, harsh and malignant terms, were now looked upon as unfortunates quite as much as criminals. This more lenient view has extended its influence, until the result has been in many minds-the position of the work before us-that all crime is to be regarded as insanity, or as a disease to be corrected, and not as a deep, moral iniquity, deserving, under all circumstances, the most horrible castigation.

Now, we are prepared to show, on any suitable occasion, that this is the only light in which the perpetrators of crime should be looked upon by a wise and benevolent administration of justice. They They are objects of sympathy and good will, and not of hatred and vengeance. The design of their punishment should be reformation, and not the infliction of pain, either for its own sake, or to accomplish ulterior purposes. Whether we consider the causes in which crime for the most part originates, and the consequent ill-desert of the offender, or whether we consider the efficacy of different modes of punishment, as well in restraining others, as amending the habits of the criminal, it can be made perfectly clear, that the jurisprudence which aims exclusively at reformation, is in every aspect the best.

We know by our daily observation of men, (independent of the light thrown, by the doctrine of cerebral organization, upon the causes of the fact,) that men possess, by nature, different propensities to crime. There are beings, who come into the world with such a defective constitution, that it is morally certain, as society now is, they will commit some criminal offence or other. Some are deficient in those powers, which enable us to distinguish accurately between right and wrong; others, while they possess these powers to a certain extent-perhaps to a large extent, are yet slaves to the grosser appetites, which completely overpower their convictions of rectitude and justice; while a third set, with large conscience naturally, and deficient animal propulsion, are, from infancy upward, beset by such corrupting external influences, that all the good in them is overlaid and obstructed by superinduced habits of vice. On the other hand, there are persons, whose natural organization may not have been good, but whose position in society has subjected them to all the meliorating influences of high moral and religious instruction. Now, to say that offences committed by persons under these different circumstances, imply, in any sense, the same degree of guilt; or that, in some instances, any guilt at all is incurred, is to fly in the face of common sense.

Let us suppose the case, which frequently happens, of a child born

among the poorest of the poor; not only to an inheritance of poverty, but to that, also, of a diseased constitution of nature. The life of ignorance and depravity led by his parents, will produce its impression upon his own structure. His mental faculties are small; and from the very moment of his birth badly directed. He receives no instruction, but what he gathers from the juvenile vulgarity of the streets. He is early initiated by his companions into petty acts of theft and disobedience. Occasionally, perhaps, he may hear from some wandering missionary of tracts, that he ought not to do this, and ought to do that; or, perhaps, never hears anything of the kind. If, in the course of years, he acquires a trade, it is acquired among debased and profane men, who lead him to the dram-shop and the brothel, where the same dread lesson of recklessness and wickedness is repeated. His bodily system, naturally weak, is still further enfeebled by the inevitable inroads of drink. The stomach is eaten away by the poison, and his brain consumed as with fire. In this condition he loses his work; the means for subsisting his family are gone; he can procure no help, not even by beggary; and in the depth of his distress he lays his hand on the property of his neighbor. Now, we ask in what light is society to regard such an of fender? Can it say to him, even that he is criminal? Has it a right to inflict any vindictive retribution upon him? Might he not justly turn round to the judge who sentenced him, and say: "It is the community, your laws are meant to represent, which has brought me here,—the community, which allowed my parents to exist in utter degradation and want; in whose advantages I have never participated, whose statutes I could not read, who have made no provisions for my instruction and discipline, and who, when I was thrown out of work, extended to me no opportunities, except such as chance may have cast up, from time to time, abandoning me to temptation, disease, and death, for want of bread." We know not what the judge could, in reason reply to this appeal. The interests of society would compel him to impose some restraint upon the offender; yet, in the light of abstract justice, that society itself is, to a certain extent, a partaker in the offence.

Mr. Sampson, in an instance of this kind, would pronounce the individual insane, and argue that he should be treated according to the regimen of the insane. His argument is, that any person who infringes the laws of the society to which he belongs, does not come up to the average civilization of that society, and is in so far forth in a state of mental disease. He says:

"It will be admitted, that if a man could be found in whom all the qualities of mind and body were healthfully constituted and harmoniously developed, we should then behold a being who would realize, humanly speaking, our ideas of perfection. That all men fall far short of this standard, is a truth which religion and experience alike confirm; but some approach more nearly to it than others; and the question that we have to consider, in estimating the qualities of our fellowmen, is not, whether any one exists whose mind and body are thus perfectly sane, but, What is the relative degree of his divergence from the perfect type which we have supposed? The tendency to evil, which, more or less, is the characteristic of all men, indicates in each the amount of this divergence from that harmonious balance of the mental powers, in which alone true soundness of mind can consist. False impressions, ungovernable desires, deficiencies of intellect or feeling-in short, all that makes up the sum of human errors-arise from an unbalanced action of the various faculties of the mind; and to the extent, therefore, that any one faculty is deficient in its comparative relation to the others in any individual, such is the extent of his departure from true soundness of mind, in regard to those objects to which that faculty may relate. For instance, we may suppose a man exerting his natural tendency to the acquisition of property; if this tendency does not exist in his mind to a greater degree than the sentiments of benevolence and

conscientiousness, he will gratify it by the acquisition of property through means consistent with justice and humanity; but, if the tendency to acquire preponderates greatly over the moral tendencies which I have named, he will then gratify it by theft or falsehood, or by any means that may be open to him; and this will arise from his deficiency in those portions of the brain which are the necessary instruments of the two higher feelings. Owing to this deficiency, he is unable to manifest, to a proper degree, these emotions, which are common to man; and the result is, that he cannot perform the mental operations that are necessary to keep his acquisitive tendency within its legitimate bounds. Now, it would be as reasonable to expect a man to run fast with feeble legs, as to expect a man, in the case which I have supposed, to act with benevolence and justice. Just as reasonable, also, would it be to say, that the man who is deficient in those portions or qualities of the brain which are necessary to the manifestation of these feelings, possesses anything else than an unsound mind.

"To the extent, then, that any one power of the mind assumes an irregularity of development, such is the extent of the departure from mental sanity, and the consequent tendency to a disobedience of the moral or physical law, over which the defective faculty was intended to preside; and, as there exists not an individual in whom a perfect balance of all the faculties can be found, so it has been well said, that, If we speak with rigorous exactness, there is no human mind in its right state.'

"It will probably be urged, that, as the perfect type, to which I have alluded, has no real existence, it is impossible to estimate, with any degree of exactness, the amount of departure of each individual from its bounds; and that, as mankind are too apt to make their own notions of morals the standard by which they measure the actions of others, this standard would vary, not only with individuals, but with entire nations, and that it is, therefore, totally inapplicable to any practical purpose. Now, although it cannot be maintained that there exists any human mind in a state of perfection, yet we may consider as perfect, for all social purposes, that mind which comes up to the average state of mental power characterizing the society of which it is a part. This average state of the social mind is precisely indicated by the laws and institutions which society frames, or permits to be framed, for its own governance; and, hence it may very safely be taken as a rule, that every person is sane to the requisite extent for the performance of social duties, so long as he possesses the mental power and disposition to act in obedience to the laws. Although, therefore, it may be asserted that, in the eye of Perfection, there exists no human mind in its right state, yet so long as an individual infringes no general law or habit of society, he may be considered as coming up to the average point of civilization, and inay, therefore, be regarded as perfectly

sane.'

There is some force in this statement, yet we apprehend that the generality of readers will not agree with Mr. Sampson. Great as is the effect of cerebral organization, and the influence of external circumstances, in producing irregularities of disposition in men, they do not operate mechanically, or with inevitable force; and difficult as it may be to determine the precise line where sanity ends and insanity begins, there is yet a broad field of action within which there can be no mistake. No doubt the drunkard, who has impaired his physical energies by a long course of self-debasement, is to a certain degree insane, and if he continues his habits, will run into a state of incurable mental derangement; but between his original departure from sobriety and the point of extreme and absolute delirium, there is a broad space-at no point of which can he be properly said to be insane. And the reason is, that the person had not yet lost the entire control of himself, he could at any time have voluntarily changed his course, as Washingtonianism demonstrates, and so long as he had this voluntary control of himself, he was morally responsible, and not an insane person. But we will not discuss this question now, meaning to reserve it for a more regular and elaborate consideration. Our object in referring to the book, was to speak

of the efforts of Mrs. Farnham, by whom it has been republished, and her admirable and effective exertions in improving the female department of the prison at Sing-Sing.

A great deal of censure, and even odium in some minds, has been heaped upon her by a certain sort of interested and prejudiced people, in consequence of her exertions. But she has met them all with perfect equanimity, knowing that the results of her efforts, when made known, would more than defend her from every imputation.

A friend of ours, a distinguished and philanthropic lady, who does not share in Mrs. Farnham's philosophy of crime, bears this testimony to her practical success:

"As you have asked me for some information respecting Mrs. Farnham's administration and influence at Sing Sing, I will, in brief, give you such facts as have come to my knowledge. I was disposed to visit that prison at her suggestion at an early period of my acquaintance with her. She knew that I was no phrenologist or transcendentalist, but deeply impressed with the practical worth of the Christian doctrine. She had often heard me say that I believed that Christ's teachings were all-sufficient for the seed-sowing of virtue, and the inculcation of renewing principles, where the moral nature had been perverted, or never developed. She well knew that she could look to me for no other influence upon the minds of convicts than such as should be drawn from the gospel, or should lead them to it for edification. Soon after she had assumed her present function, I received a letter from her containing the following passage: It is my purpose, in the first place, to bring the women to a state of order and obedience. When that is accomplished, I shall endeavor to learn the state of their minds, and their several capabilities of improvement. Concerning the means of the latter, I shall look to you for some assistance.' After this suggestion, I took my earliest leisure to visit the prison, and make myself acquainted with its inmates. They were then seventy-two in number. Nine of them did not know a letter; about ten could read with tolerable intelligence, and of the fifty and more remaining, I doubt whether any could make continuous sense out of a book, good or bad, without help.

"The state, or some other bounty, supplies the women each with a bible and prayer-book, printed in small characters, which requires good eyes to read at all. There were seventy or eighty volumes, more or less, of a discarded library, in a state of neglect. Those books were examined; they were. for the most part, exceedingly ill-printed, and of a most uninviting character. It is next to impossible to make people good or wise against their taste and liking. The difficulty, nay, the impossibility, of making poor, ignorant creatures like the convicts, read books like those provided for them, was entirely obvious. Such of the books as seemed the most feasible for their use, whether religious or of a secular character, were retained.

“With Mrs. Farnham's entire concurrence, I set about enlarging their library. I did not trust my own judgment alone in this matter. Ladies, admirable for piety, liberality, and literary taste, assisted me, giving me counsel, books and money, to aid my enterprise. The more elementary of these books came from the Sunday School Union. Some were works of innocent entertainment, as Sargent's Temperance Tales, Hannah More's Domestic Tales, Miss Edgeworth's Popular Tales, Mrs. Sherwood's Works, and some little books of history, geography, and travels. Some of the convicts seemed to enjoy poetry, and collections designed especially for instruction, were furnished to them. Great pains were taken to teach them to read and write, and the matron herself, and her assistants, read to them.

"This mode of instruction has been continued as much as the contracts for labor of the convicts will permit. I have never witnessed more earnest pains-taking, and more fervent gratitude, than are apparent among them. More than one has told me, we should never have known these things had we not come here.' One said, had I known what I now know, I should never have been here.'

"These means of instruction, and more. also, were obtained by influence of the matron, and entirely carried into effect by her arrangements, her personal exer

tions, and the excellent concurrence of the very benevolent and intelligent assistants she has employed during the three years of her administration. I feel myself at entire liberty to say, that Mrs. Farnham believes that no course of treatment is so effectual to turn the wicked from the error of their way, as to give them new ideas of virtue, clear statements of their danger and their duties; in fine, to teach them, line upon line, and precept upon precept,' things pure, honest, lovely, and of good report, and to make them think on those things;' forming new habits of reasoning and reflection, and setting before them new and better motives of action than they have ever been informed of.

"Mrs. Farnham's government is rigid, but kind; she endeavors to make punishment an invariable consequence of all breaches of law and order. Impunity for all wilfulness, negligence of duty, insolence, or obstinacy, is unknown in her discipline. The outbreaks, which once were frequent among the female convicts, under other authority, now occur almost never. It has once happened in the last year, that a desperate woman, from the western part of the state, made some attempt to resist her commands, and a very summary and instant punishment in a few minutes subdued every manifestation of combination or sympathy with the offender. I had an opportunity to observe the effect of this momentary defiance of lawful government upon the convicts generally; it was no other than the deepest grief and mortification that their friend and benefactress should be so disturbed. Impulsive, ignorant, fitful and unprincipled as they generally are, mere good intention in their governors is little available. High moral purpose, energy in actions, uniform dignity of deportment, general consistency, and enlightened humanity, are indispensable in the efficient prison governor. 1 believe that all these points, in their entire combination, are united in Mrs. F.

"Immediately after reading some of the unprincipled attacks upon her in the public prints, I spent a Sunday in the prison, and after reading the Scriptures to the convicts collectively, I visited the greater number in their cells. I found each in a sober, humble and grateful frame of mind. How much of this sobriety and docility was genuine I do not pretend to affirm. Those who could not read the Bible and Prayer Book, which all possess, were desirous that I should read to them, or explain some passage they had heard read. A young friend, recently from the prison, informs me that at this very time many of the female convicts are deeply impressed with the evil of sin; that they are seeking heavenly wisdom, asking guidance and counsel; are striving against bad passions and bad habits, and looking to divine aid and gospel light for direction and effectual repentance. This state of feeling is as grateful to Mrs. Farnham as it could be to any Christian, any philanthropist, any friend to the ignorant, and 'them that are out of the way.'

"Mrs. Farnham's attention to the laws of animal life is particularly favorable to the health of the prisoners, and much calculated to warn them against those excesses and mistaken indulgences, to which they may be tempted in their subsequent state of freedom. If they are not better in all respects for her discipline, it must be that they are intrinsically incorrigible. Under the previous administration, all infants born in the prison died a few months after birth. This mortality so shocked one of the humane inspectors, that he determined the children should in future be immediately removed from maternal care, as a measure of humanity. Mrs. Farnham instantly detected the reason of this fatality—a total disregard of ventilation in the hospital, and negligence of the aliment of nurses, produced it. These abuses being removed, four children, born and nurtured within the prison walls, are now living, at different ages, in health and vigor.

That Mrs. Farnham should, in the least measure, endeavor to corrupt the unfortunate subjects of her care, is the most unlikely thing in the world. No person entertains a deeper sense of moral evil than she-none feels more compassion for its victims. A professing Christian herself-though we do not hold that profession makes principle, or that principle needs profession, to give it efficacy-she knows that the gospel is a sure guide, and that the carnal mind, the animal nature, needs its correctives to subdue the propensities to the law of the spirit-to God's law, revealed both in his Providence, and in his Word. I feel clearly convinced, that she would a thousand times rather quit her vocation for ever, than turn it to confirmation of sin, or inculcation of iniquity. I know that her love of mankind, her anxious concern for the welfare of society, must ever dispose her to use all her influence for the improvement of those who have sinned, or may,