The Life of William Roscoe
Chapter XVI. 1819
William Roscoe to Étienne Dumont, [1825]
“Although it is now many years since I had the pleasure
of making your acquaintance, at the same time with that of our late excellent
and ever lamented friend, Sir Samuel
Romilly, yet I have never ceased to feel a sincere interest in
your welfare, and to participate in the efforts in which you have been
continually employed, for improving the condition of society, and regulating
its concerns upon better principles than the fallacious and temporising
expedients at present so generally resorted to. That the progress made in such
an undertaking must be slow, you have been too well aware; but, although all is
not accomplished, much has been done; and if we
226 | LIFE OF WILLIAM ROSCOE. | |
may judge
from the circumstances that daily occur, a wiser policy and a better spirit is
rapidly diffusing itself in every department of life, from the connections and
relations of states, to the regulation of our lowest, and, till of late years,
most neglected internal establishments. Amongst the latter of these may be
enumerated our prisons and places of punishment, which have, for some years
past, attracted the notice of so many able and excellent men, amongst whom none
have distinguished themselves more than yourself, as well by your own labours
as by the extension you have given to those of Mr.
Bentham, to whom every friend of improvement must feel the
highest obligations, although he may not always assent to the peculiar mode of
discipline which he has endeavoured to promote. Amongst the persons last
alluded to, if I were to say I consider myself as an humble associate, I should
think it an arrogant assumption, being, in fact, nothing more than an interloper; or, to place myself in the most favourable
light, a kind of amicus curiæ, who
suddenly rises up to express some sentiment which he thinks important to the
cause in hand, and which he can no longer restrain. With these feelings I
published two tracts or pamphlets, in 1819 and 1822, under the title of
‘Observations on
Penal Jurisprudence,’ which have been little read and less
noticed; but, as I am aware that nothing can be accom- | LIFE OF WILLIAM ROSCOE. | 227 |
plished without perseverance, and as the advocates of a cruel and inefficient
system of criminal discipline are indefatigable in their exertions, and have
even induced many of the friends of the reformatory system, both in England and
America, to abandon their primitive object, and resort to the ancient plan of
preventing crimes by the influence of terror alone, by which a retrograde step
has unfortunately been made in this great undertaking, I have again returned to
the charge, and in a third
part of my Observations, now just published, have endeavoured to
show that vindictive and exemplary punishments are wholly irreconcileable with
reformatory discipline; and that it is by the influence of the latter alone
that we can ever hope to produce any effect in the diminution of crime.
“Of this tract I now take the liberty of offering a
copy to your acceptance, in the hope that you will find it, on the whole,
consistent with the opinions which you yourself have so much more effectually
advocated; and this step I have been induced to take at this moment, from
having observed in the Bibliothèque Universelle, for
February, 1825, an article on prison discipline, in which large extracts are
made from your report in 1822, to the representative council of Geneva, on the
establishment of a penitentiary for that canton; in which the objections to the
employment of that brutalising engine, the tread-wheel,
228 | LIFE OF WILLIAM ROSCOE. | |
and the advantages of productive labour, and a milder discipline, are stated in
that spirit of candour and impartiality by which all your writings are so
eminently distinguished.
“That your recommendations have contributed to promote
the establishment of a more humane and more effectual system of prison
discipline in that enlightened community, consoles me, in some degree, for the
regret and anxiety I have lately felt on receiving from Mr. Hopkins, of New York, one of the three
commissioners appointed by the legislature of that state, to report on the
discipline of their prisons, a copy of their report, in which they have
recommended an entire alteration, amounting to the abandonment of the
reformatory system, and the establishment of a severe and unremitting plan of
compulsory labour, under the immediate discipline of the lash, and the dread of
solitary confinement; both of which the jailer may inflict at his own pleasure,
so that the former shall not exceed thirty-nine lashes, and the latter twelve
months, at any one time!
“On receiving this document, I lost no time in
transmitting to the commissioners, and several of my friends in New York, the
hasty remarks of which I now enclose you a copy; which will, however, I fear,
be too late to be of any avail, even if I could flatter myself that they would
be likely to produce any effect upon the public de-
| LIFE OF WILLIAM ROSCOE. | 229 |
liberations of a state, which, as it was one of the first to adopt a
reformatory system, and carry it almost to its perfection, is the first to
abandon it. But I fear I have already intruded upon you at too great a length.
Have the goodness to attribute it not only to the deep interest I take in the
subject, but also to the pleasure I feel in addressing myself to one whom I
esteem, as well on his own account, as the common friend of several persons of
the highest worth and talents, who are now no more, but whose memories will
ever be endeared to us both by the most affectionate and most lasting
recollections.”
Jeremy Bentham (1748-1832)
The founder of Utilitarianism; author of
Principles of Morals and
Legislation (1789).
Samuel Miles Hopkins (1772-1837)
Educated at Yale College, he was a lawyer, congressman from New York, and judge of the
state circuit court (1832-36). He was concerned in the construction of the construction of
Sing Sing Prison.
Sir Samuel Romilly (1757-1818)
Reformer of the penal code and the author of
Thoughts on Executive
Justice (1786); he was a Whig MP and Solicitor-General who died a suicide.