munity. How the reformation of criminals is to be aimed at, whether by solitary confinement, by mak. ing the prisoner's subsistence or comfort depend upon his industry, or in what other way, is a question, rather of Prison Discipline than of morality.

1058. The punishments besides death and bodily suffering, as Fine, Imprisonment, Exile, Deportation to a convict colony, and the like, differ much in the severity with which they fall upon different persons, according to their previous circumstances, and the circumstances of the community. Through the feeling of the repugnance which the infliction of death excites in bystanders, many persons have been led to think that capital punishments ought to be abolished altogether. If other punishments could come to assume such a character as to give to men's Rights their reality, capital punishments might cease. But such an increase in the efficacy of lower punishments, such as exile, imprisonment, and the like, must depend, in a great measure, upon the value of those benefits of social life from which the exile and the prisoner are excluded. If the general lot of man in society could be made so delightful, that it would be comparative misery to lose it, Banishment or Imprisonment for offenders might suffice to keep up such a condition. But then, it is to be recollected, that one requisite for our advancing towards a state of society so generally satisfactory, is the establishment of Moral Rules as realities: and to this, at present, there appears to be no way, except by making Ignominious Death the climax of our scale of Punishments.

1059. We have said that there are two kinds of Laws, Laws against Wrongs and Laws against Vice. What we have hitherto said respecting Punishments, applies mainly to the former kind. The general Principle which we have laid down respecting Punishment in such cases, namely, that it is to

be regarded as an Instrument of Moral Education, i still more evident with regard to Punishments ap. pointed for acts, which, though vicious, violate no man's Right. Such are Laws against cruelty to animals; as we have said (1026); Laws against Indecency and Profligacy; against Profaneness and Blasphemy; and the like. Punishments assigned to such Offences, evidently have it for their purpose to mark the judgment of the State as to what is right, and what is wrong; and to call upon the citizens to agree in this judgment. Such Laws are intended, not to protect the Rights, but to mould the Manners of the citizens; not so much to prevent the acts which they forbid, as to foster in the community a disposition the opposite of that which such acts betray. The State forbids cruelty to animals, because it approves, and would cherish, the feeling of humanity. It puts down indecency and profligacy, as far as a regard for freedom will allow it to do so, because it respects, and would diffuse, chastity and purity. It condemns profaneness and blasphemy, because it reverences God, and would lead all its members to share in this reverence. Such Laws are manifestly Moral Lessons. The State, in promulgating such ordinances, plainly comes forward in the character of a Teacher of the Citizens.

1060. But yet, this office of teaching must needs be very imperfectly discharged, if the means which the State can employ for this purpose are only those which we have mentioned. Punishments, when viewed as Instruments of the Moral Education of the citizens, may have a significance which they cannot have under any other point of view; but still, they are Instruments which can carry the work but a little way. We must have something different from the Axe, the Scourge, the Chain, the Branding Iron, in order to raise the minds of men to any elevated standard of morals. The use that is made of them,

may show that Moral Education is a Duty which the State acknowledges, and must needs acknowledge; but we must look in another quarter for the only effectual means by which this Duty can be performed.

CHAPTER XV.

HOW CAN THE STATE EDUCATE THE PEOPLE?

1061. As we have seen, the State is necessarily driven to aim at the Moral Education of its inembers, and yet has no prospect of effectually promoting this object by its ordinary means of action, Law and Punishment. For Law (460) deals with external acts; Morality, and therefore Moral Education, with internal motives and intentions; and how is the State to penetrate to and to mould these? Education unfolds the Faculties and imparts Belief (561). How can the State impart Belief? The foundation of Morality is a Knowledge of Truth, and especially of Religious Truth (565). How can the State give such a Knowledge? Religious Truth is kept present to men's minds, and effective in their lives, by means of Religious Sympathies and Religious Ordinances. How can the State reach such Sympathes or direct such Ordinances?

1062. It is plain that the State cannot do these things of itself; and cannot do them at all, except it can for that purpose obtain the aid of the Religious Teachers of its people. If it can induce them to act in conjunction with it, the State may, by means of Religious Education, impart a Moral Education. Using the term Church in a general sense, as implying the Teaching Body in every Religion, the State

can educate the people by the aid of the (,hurch, and in no other way.

1063. But if the Religion be the Christian Religion, it would seem that there are especial facilities in the State obtaining this assistance. For the Christian Teacher, and every Christian, so far as his power of Religious teaching goes, is bound, and is desirous to communicate his religious knowledge, hopes, and aids, to those around him (730). He is zealous in imparting to all within his sphere of influence a Christian Education, which is necessarily also a Moral Education. Hence the State will be especially enabled to promote its object, the Moral Education of the people, if it can employ for that purpose the assistance of the Christian Church.

1064. Being thus led to look at the relation between the State and the Church, a number of questions rise up before us, which we must consider; especially the question of the Terms on which the Church can give, and the State receive, this assistance. But before we proceed to such questions, we may illustrate somewhat further the assertions already made: that the Moral Education of the People is necessarily an object of the State's activity; and that the State of itself can act effectively in promoting this object.

1065. Even with regard to its lower object, Self-preservation, the State cannot avoid aiming at the moral and religious education of the people. The infliction of punishment requires in some cases the co-operation, in all the acquiescence, of the people; and cannot be effective except when it is supported by some popular sympathy (1054). Hence the State, in order to give force to its punishments, must desire a corresponding moral education of the minds of its subjects. Again, the State must necessarily have a Right (841) of requiring from its citizens Oaths of Testimony, Oaths of Office, and the

like, as means of securing a coincidence between men's Obligations and their Duties, without which Government would not be possible. But oaths cannot produce their effect, if men's minds be not religiously educated; the State therefore must desire the religious education of its citizens. Again: the State, in prohibiting offences against Person and Property, aims at producing not only quiet, but security. It seeks not only to prevent battery and robbery, which may, in particular cases, be effected by mere force; but also, to make men feel secure that they shall not be beaten or robbed; which can only be done by making the citizens in general peaceable and honest, instead of being pugnacious and rapacious. Even in this part of its office, therefore, the State aims at a moral Education of its citizens. And thus, even while it looks to its lower objects, the mere existence of Law, Judicial Process, and Individual Security, the State cannot avoid aiming at or requiring a moral and religious education of its subjects.

1066. But the State has higher Duties than the mere protection of Person and Property, as we have already seen (992). The existence of Laws concerning Marriage necessarily supposes that the State not only desires the continuance and comfort of its population, but aims also at the encouragement of chastity and virtue (1027). Such Laws are Lessons, as well as Laws. And with regard to he higher objects of men's actions, their moral and intellectual culture; including, in this, their religious culture also; many modes of conducting this culture and gratifying the moral, intellectual, and religious sympathies, are such as naturally draw men into Associations, which exercise a great sway over their actions. In some respects, the convictions and feelings which bind together such Associations may be said to exercise the supreme sway over men's actions for so far as men do act, their actions are,