Unfortunately legislators are often in the same situation as physicians who attend incurable diseases. They try uncertain means, rather than do nothing. The law which obliges women to intimate their state of pregnancy, is in contradiction to nature. It is not necessary to mention, that there is no need of such a law with respect to girls of the town. These have lost their bashfulness, and will go to the lying-in hospitals to be delivered. Such a regulation, therefore, must be intended for timorous, bashful, and decent women, who have been seduced. Now, the feeling of honor and bashfulness is considered as the best safeguard of female virtue, and is constantly cherished accordingly; nevertheless, when such a girl falls, she is required, under pain of punishment, to make her shame known. There are men of mature age who, with the greatest reluctance, would confess certain diseases to their most intimate friends. How, then, can the law be so severe on females for not confessing a circumstance which they are taught to look upon as more disgraceful than any disease? Besides, when we consider that such unfortunate girls are frequently actuated by a strong feeling of the ignominy and misfortune they bring on their family by their misconduct, we ought to recollect, that their obstuary in concea! ing their state, may, in truth, be al'isë more nea ly to virtue than to crime.

Thus, if extenuating motives are in any circumstances to be admitted, in no cases will they be more truly applicable than in those of infanticide.

In my work on Insanity, I have shown, that suicide in many cases is the effect of a corporeal disease. It then admits extenuating motives. Criminal legislators, if better acquainted with it than they commonly are, certainly will modify the laws upon the subject. These very rarely are of much efficacy in deterring those who wish to end their days, and are no punishment for them after death; but it is not a matter of indifference to whole families, to have the stigma of alliance with a malefactor forced upon them, when in fact they have only had the misfortune to be connected with a diseased individual. For details on this subject I refer to my work on Insanity.

CONCLUSION.

THE Considerations, examined in the Appendix of this work, tend to show, that legislation in every branch ought to have only one aim, viz. the general happiness of mankind, and that of each individual, as far as it is compatible with the former; that penal legislation, in particular, ought to be corrective; that in prisons, the inhabitants of which are to be sent back into society, all possible means of correction should be employed; that capital punishment might be abol ished, and the crimes for which it is inflicted prevented, by proper establishments. As punishment, however, is still the object of the penal code, I have treated of the different degrees of guilt which may be implied in criminal actions; and of some illegal actions that admit of extenuating motives, such as suicide and infanticide. From this Appendix, too, it may be inferred, how important and necessary, for legislators and judges, is the study of man.

APPENDIX

TO THE AMERICAN EDITION.

By the foregoing pages it will be observed that to "KNOW OURSELVES," or to be able to judge correctly of the dispositions or capabilities of others, is a matter of the very greatest importance, and to still farther facilitate the acquisition of this knowledge of human character and render the work more practical and easy of comprehension, we have appended a brief description of the TEMPERAMENTS, to understand which will be found indispensably necessary, before being able to judge with accuracy, or to form a proper estimate of the capacity of any individual.

Phrenology and Physiology combined, prove that there is as much depending on the QUALITY as the QUANTITY of brain, and by the aid of the Temperaments we are enabled to judge with a greater degree of accuracy than it would be possible for us to do without. In fact, a knowledge of the TEMPERAMENTS, is as essential to a successful prosecution of the study of Phrenology, as a knowledge of the four ground rules of Arithmetic is to a general knowknowledge of Mathematics.

THE TEMPERAMENTS.

WITH ILLUSTRATIONS.

THE following description of the Temperaments is from Combe's System of Phrenology. For a more elaborate representation see Fowler's Practical Phrenology, in which these various combinations are given in full, yet otherwise differing in some degree from Mr. Combe.

"There are four temperaments, accompanied with different degrees of activity in the brain-the LYMPHATIC, the SANGUINE, the BILIOUS,

and the NERVOUS. The temperaments are supposed to depend upon the constitution of particular conditions of the body: the brain and nerves being predominantly active from constitutional causes, seem to produce the nervous temperament; the lungs, heart, and blood-vessels being constitutionally predominant, to give rise to the sanguine, the muscular and fibrous systems to the bilious; and the glands and assimilating organs to the lymphatic.

"The different temperaments are indicated by external signs, which are open to observation. The LYMPHATC TEMPERAMENT is distinguishable by a round form of the body, softness of the muscular system, repletion of the cellular tissue, fair hair, and a pale skin. It is accompanied by languid vital actions, with weakness, and slowness in the circulation. The brain, as part of the system, is also slow, lan guid, and feeble in its action, and the mental manifestations are pro portionally weak.

"The SANGUINE TEMPERAMENT is indicated by well-defined forms, moderate plumpness of person, tolerable firmness of flesh, light hair inclining to chestnut, blue eyes, and fair complexion, with ruddiness of countenance. It is marked by great activity of the blood-vessels, fondness for exercise, and an animated countenance. The brain partakes of the general state, and is active.

"The BILIOUS TEMPERAMENT is recognized by black hair, dark skin, moderate fulness and much firmness of flesh, with harshly expressed outline of the person. The functions partake of great energy of action, which extends to the brain; and the countenance, in consequence, shows strong-marked and decided features.

"The NERVOUS TEMPERAMENT is recognized by fine thin hair, thin skin, small thin muscles, quickness in muscular motion, paleness of countenance, and often delicate health. The whole nervous system, including the brain, is predominantly active, and the mental manifestations are proportionally vivacious."

Different occupations, however, require and produce a predominance of one or more of the Temperaments over the other, as, also, of the Phrenological organs, each of which are capable of great change, even in a short space of time, as, for example, those engaged in literary pursuits, such as Writers, Teachers, and Clergymen, require a predominance of the NERVOUS or MENTAL Temperaments. Farmers, Mechanics, and Seamen, require a predominance of the SANGUINE and BILIOUS Temperaments, etc.