New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-12

No doubt our readers have noticed the remarks
lately reported in our columns, of Mr.. Recorder
Smith in sentencing Messrs. Lyster and Walters,
convicted of an aggravated assault on the Editor OF
The Sunday Courier. They have especial interest
as suggesting some novel principles Of ethics, out
of which new criminal code might be constructed
They readily furnish every man who wishes to per-
vert justice with motive and an apology, and
complete answer to all who have charged Justice
Crawford with criminal Partially in filming Preston
S. Brooks but $500 for his assault on Mr. Sumner,
and in labOring to aquit the Democratic muir
derer of Heating from all blame.
To characterize the offense of which Capt. Lys-
ter and Lieut.. Walters were guilty, no harsher
language need be employed than that of the Re-
cOrder himself. "There is no doubt" he says,
"but in the present instance fagrant outrage
has been committed. A gentleman is assaulted
"in his Office, while attending to the legitimate
"duties of his businessmen by single unarmed
imam, but by two men, and either of them his
physical superior" For such an outrage, he
justly adds, fine would be mockery of Justice
Justice Crawford to the contrary notwithstanding.
Then follows statement of the grand principles
of ethics, as understood by the Recorder. 81
"think," says this distinguished magistrate, to
whom the protection of private citizens is in
large measure ntrusted, "Ithmk that in the case
"of the imprisonment Of a party ,cho occupies re-
"speetabe position in society," and is surrounded by
"fnends, short term is a greater punishment than
ga long term is for man in a iorer grade Of So
"ciety 1t is not so much for the extent Of punish
"ment or the example it sets, as for the certainty
"hat punishment will follow the violation of law"
Why on earth, then, was Lyster, whom the Re-
cordcr would not disgrace by sending him to the
Estate prison." sentenced to thirty days in the
Tombsl IF the certainty of punishment and not
its extent is the thing to be looked at, one day or
one hour is as certain as year, and fine as GER
tain as either. 1t may be- however that the Re
cOrder, like other inventors Of great general prin-
eipes is not strong enough to act strictly according
to the doctrines which he espouses. But the doe
trines remain, and if adopted would simplify crimi-
nal Jurisprudence most beautifully. The careful
and methodical adaptation of the grade Of punish
ment to the grade of crime, the result Of 50 many
ages of thinking and of experiment, would be
swept away in jihey, and the code would contain
only two articles, viz: l. Such and such things
shall be punished. 2. The severity. Of all punish
ment shall be nversely as the responsibility Of the
criminal.
The consequence Of this change would, of course,
be to put speedy end to the punishment of those
classes of offences which are only committed by
respectable" men, prominent among which stand
the beating of editors and members Of Congress,
and the murder of Irish walters Our neghbOr of
The Erening Register has already received an init
nation from Fillmore boarder at the Metropoli-
tan Hotel, who, of course, moves in the first cir
cles, that the suggestion Of the Recorder has not
been thrown away upon him. He asks: " If the
penalty Of whipping weekly Editor is thirty
{" days imprisonment in the Tombs, what would it
"be to whip the Editor of Daily 7" But no one
need trouble his head that score, if the Recorder
preside at his trial; for, be the Offense what it
may, the amount of punishment will depend solely
on the social position of the offender.