
SR a act A Ao RD A EE RS ERT 
nation. In the periods. of recreation, they were 
exercised in gymnastic games. After this, the boys 
were taught trades and mechanical arts; and the 
gir's were instructed in sewing, embroidery, and 
divers domestic works. In the evening, after sup- 
labor belonged to the establishment. The sick 
were attended gratuitously by Doctor Wendts. 
How many benefits did this institution not produce! 
It afforded means to poor parents to devote them- 
selves to their occupations, from which they were 
no longer detained by the care of their children. 
These, on the other hand, were accustomed to 
neatness, order, economy, to labor and social life ; 
their moral and intellectual qualities were formed; 
they even sought, by edifying hymns, music, &c., 
to give more delicacy to their sentiments. re 
In general, all establishments, where indi- 
viduals who are in want find employment, also 
merit the greatest commendation ; but if there do 
not previously exist in these individuals a habit 
of gaining their living honestly, the end of these 
institutions is only in part attained. In fact, 
either these individuals do not resort to these 
work-houses, or the police is obliged to employ 
coercive means to withdraw them from idleness. 
The wisest regulations cannot always have suffi- 
cient influence ; because men accustomed to idle- 
ness find, without ceasing, an infinity of subter- 
fuges to escape the measures of the best regulated 
administration. 
With a rude people, the magistrates are com- 
monly obliged to command and to forbid, what 
they must do, and what they must not. In 
revenge, the people elude these arbitrary orders 
of their superiors whenever they think they can 
do it with impunity. But when a man has re- 
ceived previous education, he generally holds a 
better regulated course, and submits himself to 
tke laws and regulaticns with less repugnance. 
The authorities act, then, in conformity to human 
nature, when they join to the ordinances, motives 
which oblige them; because then, even in the 
eyes of him to whom they might appear oppressive 
and arbitrary, all appearance of constraint is with- 
drawn. On the other hand, a benevolent legis- 
lation will avoid multiplying laws; knowing that, 
as St. Paul says, the more laws the more sins. 
Application of my Principles to Man, considered 
as an object of Correction and Punishment. 
volumes. I am, therefore, obliged to limit myself 
to describing the grounds on which our conduct 
towards malefactors should rest. 
our determinations, legislators, as well as moral- 
ists, have confined themselves exclusively to the 
will. Under this expression, they imagined to 
themselves, as it were, a peculiar being, and 
rendered independent of the organisation of the 
sex, of the constitution, &c. At most, it was only 
the age of minority which they considered as 
deserving some consideration. Did the man show 
an evil disposition ? it was because he willed it. 
Did he do evil? it was that he had strongly 
wished to do it. Little was thought of the 
difference which exists between the propensities 
and the voluntary determination ; still less of the 
various motives, internal and external, which 
To treat this subject pertinently; would require | 
Not being well informed ow the true sources of | 
KIDD’S OWN JOURNAL. 
ping, they returned home. ‘The proceeds of their | 





293 

cause this determination. Delicts and crimes 
have been considered in themselves, without 
regard to the wants and the position of the indi- 
vidual who was their author. To change the will 
of malefactors, it was long thought sufficient to 
inflict penalties. Hence everywhere resulted 
criminal laws, which only go to determine what 
are the culpable actions; and to fix for each of 
these material acts. a proportionate punishment, 
but always the same, whatever the difference of 
the individual acting. The aggravating or extenu- 
ating circumstances are rather sought in acci- 
dental. external things, than in the peculiar 
position, or the internal state of the malefactor. 
If any one wishes to bring back this defective 
legislation to principles-founded on the nature of 
men; if he prove the existence of innate propen- 
sities, and that man no more has the choice of 
possessing propensities, more or less imperious, 
than of having talents more or less decided; that 
these propensities are one of the main springs of 
our actions—-immediately they go to the opposite 
extreme. Ifthe evil propensities are innate, say 
they, there is no longer any culpability in vice 
and in crime. No one can prevent himself from 
doing evil; and a criminal has only to say that 
he has such or such a propensity, to excuse all his 
actions, and secure himself from every accusation. 
My readers are sufficiently prepared for me to 
leave to them the refutation of this language. 
They must also be convinced, that if men were 
left to themselves, they would not all find within, 
motives equally numerous and equally powerful 
for doing good, and avoiding evil. They know that 
propensities exist, whose excessive activity con- 
stitutes unlawful inclinations ; whose abusive 
action leads to evil: they know also every man is 
not morally free to an equal extent, and that con- 
sequently every man, when the question relates 
to internal culpability, is not equally culpable, 
although the material act and the external guilt 
are the same thing. The same action may be in- 
different in one man, while in another it becomes 
the object of moral responsibility. Thus the same - 
action, which for one is a subject of blame and just 
punishment, in another is only a subject of com- 
passion. 
To appreciate the degree of internal criminality, 
it is necessary to measure accurately the influence 
of age, sex, the state of health, the moral con- 
dition, and a thousand other circumstances present 
at the moment of the illegal act. But by whom 
is this state: of things so well known, that maz 
can pass a uniformly equitable judgment on the 
merit and demerit of his fellow-men? This is 
possible only to that Being who searcheth the 
reins and the heart. This, if the question is. in 
relation to the exercise of justice in its strictest 
sense, we must. refer to God alone. 
All wise legislation, therefore, ought to renounce 
the pretension of exercising justice. It ought to 
propose an end which it is possible to attain, and 
which secures the good of the citizens in par- 
ticular, and that of society in general. This end 
ought to be, so far as the nature of man permits, 
to prevent delicts and crimes; to punish male- 
factors ; and to place society in security as respects 
those who are incorrigible. This is all which can 
reasonably be required from human institutions. 
How ean we attain this end? 



































































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