corrections to these peculiarities. This however is of minor importance, for the secret of success in governing the young lies in earnest loving care, which instructs and leads the child to act for its own best interests and greatest joy, which gives liberty to choose where the question is only of expediency or taste, which makes clear the consequences of wrong-doing, not in arbitrary human punishment, but as ensuing naturally and necessarily from the misconduct itself. It is by leading the child to a clear understanding of the advantages of good conduct, and by instilling lofty sentiments of virtue, truthfulness and kindliness, coupled with the opportunity to realize in practice the truth of the instruction, that strong characters are formed. Mere abstract teachings may not be, and usually are not, comprehended. The child must be led in the right paths and restrained from going in the wrong ones. At no time and under no circumstances is it permissible for the parent to exhibit or feel hatred toward the child. Love attracts, hatred repels. No person can by any possibility exercise a beneficial influence under the impulse of hatred. Neither cruel beatings nor weak indulgence in wrong-doing is to be tolerated. The parent must maintain a close bond of interest in the doings of the child, encouraging all good deeds, and pointing out the evil and showing why and wherein it is wrong. Children instinctively rely on parental instruction, if parents are truthful and sincere, and delight in their sympathy and approbation. Knowledge that an act is condemned by parents who are habitually kind and sympathetic is usually sufficient to prevent its repetition. To restrain misconduct and compel the performance of duty the use of physical force is sometimes necessary; but when used it should always be made manifest that it is justly used for good ends. Many parents lack moral force and are unable to control their own passions and weaknesses. The children must then suffer accordingly. In such cases whence is the elevating impulse to emanate? Usually and mainly from the love of the parent for the child.

To society the correction of its weak immoral and vicious members presents the same task but in a different form. The

state undertakes to protect each of its citizens against the violence and aggression of others. Most monarchical governments have been based on the principle of paternal authority in the ruler over all the people. Unfortunately the exercise of paternal power by a ruler over great numbers of people lacks the sympathetic element which emanates from the parental relation. The king has a great many bad children whom he proceeds to punish. He knows of their vices only. These he hates and carries the hatred on to the possessors of them. He punishes in a spirit of vengeance and harshly. From the bamboo to the headsman's axe the purpose is to extirpate crime and inspire fear in others of like rigor for like offenses. To perform the service of administering the punishment men are chosen who are not greatly shocked at exhibitions of cruelty, and even delight in it. Though instances of compassion for criminals are not wanting in Christian countries, and at times morbid sympathy is exhibited, the general spirit is all too similar to that in despotic governments.

To approach the consideration of crime with a feeling of genuine desire for the welfare of the criminal as well as of society may be beyond the stage of morality generally prevailing, yet it is not too soon to perceive and declare the true principles applicable to the subject. Everyone who has had much experience with criminals knows that practically all of them have virtues and are susceptible to friendly attachments as well as other people. They are usually specialists in crime. The homicide may be truthful and scrupulously honest in the payment of debts and performance of contracts. His crime is generally due to some abnormal emotion. It is impossible to draw a clear line of demarkation between irresponsible insanity and responsible passion. The legal rule that the defendant is responsible for his act if he knew at the time of committing it that it was wrongful, even though he was powerless to master his passion, is harsh when the purpose of the law is merely to measure out a given quantity of punishment. The forger, the pickpocket, the defaulter or the perjurer, may have as little inclination to do bodily harm to another as the most exemplary citizen. The robber and the

horsethief almost invariably have generous impulses and devoted friends to whom they are strongly attached. The perjurer may have no other prominent vice, and may have friends whom he does not deceive. Crime may be committed in accordance with a well defined inclination to a particular class of offenses, or under stress of circumstances which produce a temporary moral depression. This is more apparent in homicides than in other crimes, but offenses against property are often the result of temporary external influences which the culprit cannot resist. To weigh the conduct of a person charged with crime fairly, the judge should be able to see his act from his standpoint. This he is but rarely able to do. Everybody departs more or less from the strict line. of moral rectitude. The Chinese, more logically than the Europeans, treat every failure to perform a duty or obligation as an offense to be corrected, and grade punishments according to the magnitude of the wrong done and all the circumstances connected with the offense. They are however far less sympathetic in their treatment of offenders than Americans.

It is now quite well understood by criminologists that a single offense may be committed by one who is not necessarily starting on a career of crime, but may completely overcome his criminal inclinations; that it is necessary to know the character and environments of a convict in order to understand how he should be treated with a view to his reformation, and that men are made better by sympathy and encouragement in doing what is right and useful, rather than by harsh punishments. Many crimes are directly attributable to abnormal and diseased conditions of the body or the brain. Some of these can be speedily and certainly cured by surgical and medical treatment. Instead of burning or hanging the humane and logical punishment of rape would be castration, which would free the culprit from all further impulse to commit such a crime. The same operation might be performed with great advantage on some of the imbecile, insane and criminals of other sorts. Imbeciles who are a public charge certainly ought not to be allowed to propagate, nor the incurable

insane or confirmed criminal. This like every other treatment of unfortunates should be done in a spirit of kindness, and for the purpose of benefiting rather than injuring them. In many states laws are now in force prohibiting the marriage of members of these classes, but such laws are by no means a full protection to society. In many cases it is necessary to take more effective measures. The exercise of such power is not necessarily liable to greater abuse than of others now commonly employed. Whatever measures are taken to cure mental and moral diseases should be prompted by the same motives as those which prompt surgical operations or medical treatment for normal people. All these unfortunate classes are children of the state, and the state is responsible for their welfare.

Opposed to the performance of its moral duty by the state in the treatment of criminals and defectives are views of expediency. In apprehending and disarming criminals and lunatics it is often necessary to employ force and to do them bodily harm, yet a resolute man can often make an arrest without any injury, where another would have a serious conflict. It is impossible for the state to always select the best possible agents to do this work. So long as men are imperfect, they will fall short of the best possible achievements in every line, and a state, acting on the most humane and enlightened principles and theories, will necessarily exhibit imperfections in practice. It is of the utmost importance however that the state free itself from every just charge of acting on the principle of hatred toward any class of its citizens. Charitable institutions, prompted by sympathy for unfortunate humanity, are being rapidly multiplied. The elimination of all the burdensome classes by wise and just means is not an idle dream, but an accomplishment which may be approximated in the near future.

The code of Hammurabi of Babylon exhibits the spirit of hatred toward criminals. Of all punishments, maiming, so frequently imposed by this code, is the most impolitic, for it leaves society still burdened with the criminal after his power to be useful has been diminished and his hatred for others

stimulated. To put out an eye or cut off a hand or foot is a most shocking exercise of cruelty, yet such punishments were long recognized as just throughout Babylonia and Judea.

One of the most valuable ideas developed by Bentham in his Morals and Legislation is that of the fecundity of various impulses. Much of the cruelty and misery in the world has resulted from laws like those of Babylon, which constantly instilled a lesson of hatred into the minds of the people. The propagation of sentiments of amity and sterilizing those of enmity are matters of prime importance for the consideration. of legislators in dealing with crime, and should not be left in the sole care of moralists and religious teachers. It is evident that no state ever has or ever can weigh out and impose on each culprit a measure of punishment nicely balancing his offense. The multiplicity of considerations to be taken into account in each case is so great that adequate judicial machinery cannot be constructed for the work. Restraints seem necessary, and the imposition of them must be in accordance with law by public agents, but the deeper and stronger purpose is to induce good conduct. Wars, the execution of criminals, torture and all vindicitive punishments propagate the spirit of hatred and induce criminal conduct.

NATIONAL CRIMES

The strong nations are subject only to self-imposed checks, prompted by sentiments of justice, selfish interest, fear or other considerations influencing their conduct. There is no superior force to restrain or punish them. That great nations commit great crimes is apparent. The example of an aggressive war teaches all the people of the nation a lesson of crime. While the nation itself acts the part of a criminal how can it hope to instruct its citizens in morality? An aggressive war to take by force that which belongs to another is identical in principle with the deed of the robber. The incidental. slaughter in battle corresponds exactly with the murders the robber commits in getting his booty. Logically the state should deny to itself utterly the right to use military force against another except in self defense. The moral law ap