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These exalted views of humanity and
society, these noble exertions, to realise by actions
the eternal truths of Christianity, form one of
the most beautiful signs of the times. But there
still remain in this field many hindrances to
remove, many prejudices to conquer, many
blessings to reap.
In order not to be misunderstood, and to
shield the new theory of punishment against a
reproach which it is often obliged to bear, viz:
that it takes care of the criminal at the expense
of those who obey the laws, I must state, that
its tendency is, on the contrary, to render the
law more sacred, and to increase the effect of
punishment, by founding them on reason and
justice. It ought not, therefore, to be mistaken
for that false philanthropy, which has sometimes
pretended to plead its cause. The latter ought
to be considered only as a sickly excrescence on
the healthy stem of the former.
An enlightened and well ordered state should
regulate its penal-laws according to the demands
of humanity and reason, it should apply them
impartially, and enforce them with earnestness,
justice and inflexibility.
The criminal-legislature and the penitentiary
system have evidently a uniting link; they afford
each other mutual support, and the latter can be
considered as the completion of the former.
Professor Mittermeyer, one of the greatest lawyers
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