for the very habitation of smiles: his lips were even wreathed with benignity, not to be mistaken; and the tones of his voice were so rich and easy, that Thersites himself would not have dared to suspect them of malice. Yet, Xerophrastes, on this occasion, appeared to be by no means delighted with the style of his salutation. A frown passed very darkly over his forehead, and he turned to the blushing lady with an air of the highest impatience. She on her part, although she was probably far from deriving any pleasure from what had passed, had the wit to disguise, in some measure, the feelings of her mind. She cast, therefore, a smile of airy and good-humoured rebuke (such at least it was designed to be) upon the mirthful centurion, and said, “Come, Sabinus, methinks it might become you better to offer me your hand yourself for this sacred dance, than to play off your jokes so upon Xerophrastes, who cannot help himself any more than the rest of us. Come, centurion, I insist upon having your company." "My dear lady," quoth the centurion, advancing close to Rubellia," you well know that my services are always at your disposal; but it seems to me that you are already engaged for the dance; and I am sure you will break the heart of Xerophrastes, if you disappoint him, now that he has tightened his girdle, and tucked up his mantle, and made so many preparations. No, no; the luck is his for this time; don't let him be deprived of it. You see how conscientious I am, my dear Stoic; no more words I pray you. Lead forth your fair partner; and Valerius and I, since we can do no better, shall follow in your train." phrastes heard all this with a countenance but little mollified. He turned, however, once more to the lady; and then forcing another smile, and gathering up the folds of his garment, no longer hesitated. She gave her hand, therefore, to the sage, and both catching the beat of the instruments, forthwith sprung into the open place, and advanced with the usual motions towards the statue of the goddess. There was a good deal of constraint, it is not to be denied, in the manner of the lady; yet on the whole, she acquitted herself in a style that bespoke her familiarity with all graceful exercises. But it was far otherwise with the stately disciple of the Porch, who, although he displayed brawny limbs, and abundance of agility after a fashion, yet executed every movement in a way so unequivocally rustic, that not a few of the youthful bystanders were not to be restrained from tittering when they contemplated his clumsiness. "Well done, well done," quoth one. Xero "The rhetorician for ever!" cried another, clapping his hands. "Take care, Master Philosopher," said a third," your mantle is sweeping up all the dust." Xerophrastes hearing this last ejaculation, could not help New Series, No. 8. 54 looking behind him, to see as to the condition of his garments; and than Stoical equanimity did he regard the crowd of laughers be- While this peal yet continued in all its vociferation, the jolly centurion touched me gaily on the elbow, and saying, "Now for it, Valerius; have you your sesterces ready," leaped forth with a most warlike and determined air, having his hands stuck in his sides, and causing the folds of his sagum to vibrate in a wonderful manner, by the potent exercitation of his well-strung muscles. The contrast between the reluctant clumsiness of the sulky philosopher, and the ready, and well satisfied hilarity of his successor, was by no means lost upon the multitude of spectators; insomuch, that the very first appearance of the new performer was greeted by an universal clapping of hands and every other manifestation of delight. Instead of being offended by their mirth, the Prætorian distributed his smiles on every side; and observing a buxom young woman in one corner, who seemed afraid to trust herself before so many eyes, he without interrupting his step, took her gallantly by the hand, and so performed the rest of the dance in a manner which yet more increased the satisfaction of all who were looking on it. The girl had a few pence in her hand; but the centurion would not permit her to pay any thing, laying down himself a double ransom, and saying, perhaps rather too audibly, "No, no, pretty maid; you have given enough to the goddess since she has beheld your blushes." The maiden's blushes were not probably diminished by all this courtesy from a person of such a figure; but, however that might be, even the priests of Cybele were well pleased with the centurion, and I think that his good humour procured for him a parting salute, not much less violent than had been purchased by all the magnificence of the widow. I know not what it was, that all this while kept me back; but I could not at that moment, when Sabinus began, gather confidence to begin with him; and then his dancing attracted so much notice, that it would have been a sort of intrusion, had any one entered to occupy the space till he was done with it. I waited, therefore, in hopes of being able to go forth with some more ordinary group of performers; but no such opportunity immediately occurred phrastes under the round wit he essaye had trodd were held successiv Whether them, I c. have been donic gri teeth; an not withhe the gestur for grante extortione ed very lo marks of t 36-60. The for tolerably the hand c ing and pe of Roman well hit of exposition have been procession ART. XXI. cated, u instituti particul. setts St Charlest THERE is cites more v the system c occurred. One of the next that exhibited himself, was a very red-nosed senator, whose gestures threw even those of Xerophrastes completely into the shade. He appeared to be laboring under the relics of a grievous gout, for he had his feet wrapped round with I know not how many folds of linen, and whenever he essayed to spring from the ground, one would have thought he had trodden upon some nest of aspicks. His hands meanwhile were held far out from him, and clenched bitterly, and at every successive bound I could see him grinding his teeth for agony. Whether it had been so, that the man was well known among them, I cannot say; but if it were so, his character must certainly have been held in little favor by the multitude; for to every sardonic grin of his, the faces round him replied by shewing all their teeth; and one of the little boys, following close at his heels, was not withheld by any respect for the laticlave, from imitating all the gestures both of his infirmity and of his ill nature. I took it for granted, that he must needs be some greedy and usurious old extortioner; and, indeed, the offering he deposited neither sounded very loudly on the basin of the goddess, nor received any great marks of thankfulness from the music of the priests.' vol. iii, pp. 36-60. The foregoing remarks and extracts will give our readers a tolerably accurate idea of the work. In many parts we think the hand of a first rate master may be traced, and much learning and power are visible throughout. There are other pictures of Roman life, besides those we have mentioned, and equally well hit off; among these the prætorian camp, and the funeral exposition and the marriage. Among the sketches we should have been glad to have seen retraced, are those of a triumphal procession and the funeral array of images. ART. XXI.-State Prisons and the Penitentiary System vindicated, with observations on managing and conducting these institutions, drawn principally from experience. Also some particular remarks and documents relating to the Massachusetts State Prison, by an officer of this establishment at Charlestown. S. Etheridge, Charlestown, 1821. pp. 63. THERE is no object of legislation, in this country, that excites more various opinions, than that of the penal code, and the system of punishment to be adopted under it. At the same time, there are few departments of civil government that are more firmly established in a certain course of proceeding. The amelioration of the criminal law has been introduced into all the States, and though there are differences in the details, the general principles are perfectly assimilated. Nothwithstanding, however, this general practice, dissatisfaction every where exists, and the complaints against the penitentiary system seem to demand a change in our plan of punishment. Believing, however, that imprisonment and compulsory labor, are the only means, with the exception of death for very atrocious offences, expedient or practicable in this country, for the prevention and punishment of crimes; we shall briefly advert to some of the causes, that make many persons doubt the utility of this system, and endeavor to show that the fault is not in the system itself, but in the imperfect manner in which it has been executed. In the first place, too much was expected from the penitentiary scheme. Some benevolent men, disgusted with the cruelty and barbarity of the old modes of punishment, and very justly considering them as not only increasing the quantity of crime but the ferocity of the criminal, were led to hope too much from a milder and more enlightened course. When they found convicts, condemned to hard labor, becoming submissive and orderly while they were treated with humanity, they anticipated a thorough reform, whereas in most cases it was only a yielding to necessity, or a hypocritical demeanor to obtain a pardon; while in too many instances the first use that was made of liberty was to commit some new offence. Cases of this kind, were held by those who think it a proof of wisdom to believe the worst of mankind, to be not only more numerous than they really were, but to afford incontrovertible proofs of the folly of attempting to reclaim any offenders. The one party would array justice in the garb of a methodist and expect with the aid of labor, solitude, tracts, and lectures to eradicate the most deep-rooted and brutal perversity; the other would not call down Astrea from heaven, but conjure Tisiphone from hell, and surround her tribunals with the gibbet, the block, and the stake, the lash, the brand, and the wheel. There can be no hesitation which side to take; yet the former carry their expectations to a visionary extent. Another source of error has arisen from confounding establishments in other countries, that were entirely different, with tho This oft mistakes rupt law the insol different solvents several n was not have bee which ar name in prisons, Europe al juvenile c whose ca duction, t does not a formed, h in this cou difference But the what we tem never the State tablished, mane me code migh principles sufficient t cation and contradicti second tim such force A particu this article. work entitled name of pen to the legisl writer to add planation of meet these pa Corresponden wishes. with those in this country, because they bore the same name. This often leads writers on both sides the water into great mistakes. Thus it was brought as an argument against a bankrupt law in the United States, by some persons, that under the insolvent law in England, which is applicable to a wholly different class of persons from the bankrupt laws, that the insolvents had been discharged from debts to the amount of several millions sterling, and the whole amount of dividends was not one farthing in the pound. Some persons in Europe have been led into mistakes from our names of penitentiaries, which are entirely distinct from establishments of the same name in Europe.* They are nearly as different as our State prisons, and the State prisons of Europe. Penitentiaries in Europe are a kind of improved bridewells. They are used for juvenile delinquents, or for convicts for a first offence; in whose case there may have been some peculiar distress, or seduction, to have induced the offence, and where the depravity does not appear to be hopeless. No person here need be informed, how unlike such prisons are to those of the same name in this country; but we shall presently have to advert to the difference. But the great mistake has been, in supposing we possessed what we did not. In point of fact, the true penitentiary system never has existed here but for very short periods. When the State prison of Philadelphia and some others were first established, and placed under the care of zealous and humane men, who were anxious that the success of a milder code might forever prevent a recurrence to the sanguinary principles of the ancient law; and while these prisons were sufficient to contain their tenants, with some regard to classification and some power of separation; and before the absurd contradiction in terms existed, of sending an offender for the second time to a penitentiary, the system was for a short time in such force as it exists in Europe. So far, indeed, as the system A particular instance of this fell within the knowledge of the writer of this article. Mr Roscoe, of Liverpool, published about two years since a work entitled Thoughts on Penal Jurisprudence,' in which, deceived by this name of penitentiary, he considered certain parts of an official report made to the legislature of Massachusetts, as very erroneous. This induced the writer to address him a letter, which produced a correspondence and full explanation of the subject. Should that enlightened philanthropist chance to meet these pages, he will perceive a repetition of some few sentences of that correspondence, and that the present article is calculated to fulfil one of his wishes. |