The Kansas herald of freedom., 1859-07-23

Criminal Laws.
HThere seems to be renewed activity
amongst the horse stealing gentry. Why
will not our people adopt the Californi,
practice of swinging the scamps? Our
laws afford us no adequate remedy, elst
there would be no such complaints."-
Topeka Tribune.
The criminal laws of the Territory
make horse stealing an offense pun:sha
bic by imprisonment for seven years. But
seven years Imprisonment is not San ad
equate remedy" If hanging is the onl,
remedy, the "7iibane. should urge the
adoption of that BY the next Legislature,
as the proper remedy. Unfortunately
for the position of such editors, it is
notorious fact, that very few persons who
are guilty of murder are convicted, OIL
suffer the extreme penalty therefor. Ju-
rymen, finding they can give the prisoner
the benefit of a reasonable doubt" hest
tate to convict him of the crime of which
he is charged, or bring in verdict of moi
guilty. Once in a while, prisoner is
hung, and the thirst for retributive Justice
is satisfied, and society relapses back into
its tacit acquittal of criminals. So it will
be with lynch law. Horse-thieves, who
have perhaps been led into their loose
IDEAS of mine and thine by border-ruffian
or jay-hawking associations, may be
hanged. But one or two summary exc
cutions will pail the public appetite for
blood, and lynch law will no longer pro-
tect society. 1t also has an injurious ten
dency,. from the fact that the punishment
and offense are disproportionate to each
other, and the moral sense of the commu-
nifty revolts at this injustice.
The results of stringent legislation are
seen in some of our sister States. A cor.
respondent of the Chicago Times make
the following remarks on his recent visit
to the penitentiary at Alton, ILL.,:
"The first thing that astonishes the in,
vestigator Is the great preponderance OIL
persons committed for small ofienses.
am safe in saying that more than one
half the criminals now confined in the
penitentiaries at Alton and here, are fol-
offenses where the amount involved doe.
not exceed twenty five dollars. Many O
these are boys, aud nearly all are here fo
the first time, if not for the first crime
With this class think the law is at fault
That man should suffer three, or four
or five years imprisonment. as is not I'm
frequently the case, for the larceny of al
old coat probably not worth FIVE dollars
is planting 10 him the seeds that will leat
to career of crime, is patent to any on,
who will take the trouble to inquire int,
the matter. What are the expressed feel
ings of this class of convicts | answe
to my certain knowledge, it's almost
uniyersal-'Pll have satisfaction when
get OUT Satisfaction for what? yov
naturally enough inquire. For this ex
cessive punishment, is the reply ant
there is truth in it. There are not isolated
tut numerous cases where the punish
ment is not only excessive, but where tn
ends of justice, the interests and protec
ton of society, cotld be subverted in
much better way, as in Ohio, for instance
where all offenses under thirty-five dol
lars are punishable by imprisonm ent i
the county Jail on bread and water, an
where, with population nearly doubl
that OF Illinois, there are not more Stat
convicts, and yet crime does not stalk a
rampant as it does here.
II am perfectly satisfied that many me
are turned out upon society from our pen
itentiaries hardened and hopeless charac
tiers, who might have been reclaimed {
the world by more judicious punish
ment. If society, which pays much of il
taxes for criminal legislation, really has
desire to reform as we'll IS punish me
for their crimes, let it commence in tn
right MISUNDERSTANDING when there
hope-repeal the present SIS law es
lenlently with the erring young. and un
sparingly with the hardened old-an
above all, let the Executive clemency on
ly be used in well defined cases, and w
may hope for better state of things. IL
temperance and deficient education al
the two agents of crime the one is bein
gradually banished, not by fanatical ten
perance Lecturers and societies, but by on
OF those moral revolutions, which, at th
proper time, correct all evils: for the di:
,sipation of the other, every father an
mother in the land is responsible to thei
child-more especially SO since the mean
of education are within the reach of al
Independent of this, there is a class VIII
are seemingly thieves by nature, and Gel
tainly from inclination-who riot in Grim
aud lawlessness who pride themselve
as 'knucksmen,' (pickpockets,) and glor
in the recital OF their achievements a
'cracksmen,' (burglars.) They are hope
less desperadoes, whose proper place
only inside the walls of the penitentiary
Next to minor offenses, numerical
speaking, come the horse -thieves-a ella.
for whom neither the gods nor men seer
to have charity then the burglars, coun
terfeiters, and SO OH ad infnitun."