Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1865-11-08

, prndent, .ecshtsous- economy now, 5%iil
svert world Of suffering, and sad sac
ri6ce OF property in the spring and sum-
nser 7ot sixty-six. ~ - -
Prom the Eow Haven jOutualan Courier.
Is n" v.importan; Decision.
The following decision, rendered by
Judge Sanford:in the case Of Mr. Lewis,
who was prosecuted for assault aud bat.
terry ia the punishment of apupil 81 his
sciluol, will be read with great Interest,
as.the matters of which it treats are OF
great praoticsl Importance, and are but
'imperfectty understood -. = - s.:s
Cry CoUa7, NHw HArBy-Stats vs.
John g. Lcwis.--Ihis is prosecution
brought by; thfl State: against John 81
Lewis, principal Of one Of the public!
schools III New, w,f{eveu,- charging him will!
a,rsssault and battery on one Francis: NJ:
Heban, a pupil iIfthe school, on the 2ist
day of July last.
Asreserenee has been~insde'by counsel
to the law applicable to cases OF thi}
character, it maybe we'll to consider Tor
moment-what the legal rights and pow;
ers Of a.school.master are, in respect to
the. .inaiction of punishment, where, in bis
Judgment thesanleis necessary to prevent
the repetition Of an offence, on the part
of the pupil, and for the support Of good
government and proper discipline in>the
school u saw IN his jald0gssJlJ because,
from the nature of. the, case, the master
alone eau determine whether the punish.
ment is necessary. Says Judge Black:
sone: g he master is.iu loco pareatis:
and has such. a portion of the powers .ot
the parent committed to his chargesas
msy be uecesssry 5to. answer the purposes
for which he is employed" - M
The. right to inflict punishment, for
proper cause, belongs to the master, the
law having clothed him with that authori-
.sy--and the question is, simply, is what
form and to what extent it may be ad-
ninistered by him.
Judge Swift, renlarking upon this sub
iect, says: ga school. l.masfer has right
to infict moderate corporeal punishment
upon his scholars, for this is necessary for
the support of good government in his
school, but he should reserve this as q
last resort, when all other measures fail.
lie, should apoid all unnecessary severity,
or extreme cruelty. If all gentle and
moo crate measures fail, the master, is
vested with the power Of inhicting corpo.
real punishment. This. should be done
with GOODNESS and deliberation, not in the
heat of passioni and with a suitable in-
striment :. the: blows should be inflicted,
nor on the head, but on those parts of the
body where there is no danger of mate
riaf.injury, and with moderation of Sc
verify proportioned to the nature OF, the
offence and the; stubbornness of the offend
err" lSwift Dig. o..
Ithink, therefore, the following may
safely be adopted as the rule, that while
the masters, to certain extent, and for
certain purposes, stands. ii, loco PARENTS,
and has, for'sufficient cause, the right to
inalct reasonable acorporeal punishment,
while the pupil is under his charge, he
must exercise reasonable Judgment and
sound discretion in determining whent to
punish and to what extent, but the pun.
ishment must not be. excessive or cruel,
nor inflicted for the purpose Of gratifying
private malice or his own evil passions.
Punishments may be- severe, yet en-
tirely reasonable-and on the other hand,
even moderate punishments may under
certain circumstances be unreasonable,
but eseess;se and. cruel punishments ere
not only unreasonable but unlawful, and
for their infiction the master may be held
criminal responsible. '7..A: {.
Whether. Ghe punishment inflicted is ex.
cessive or cruel, is question Of fact, to
determined in each particular case that
may arise.
In the case now under consideration; if
/ could find from the. evidence that the
injuries upon Hoban were caused, by the
accused, in the manner and under the Cir
cumstances detailed by the boy himself,
| should have no hesitation in saying that
the punishment inflicted was excessive
and cruel, and that the master had made
himself erinsinally liable.
. The boy was whipped by Mr.. Lewis,
after getting him into the recitation room,
but | do not find that the whipping was
either cruel OF excessive, and though
severe, taking into consideration all the
circumstances under whichit was inflicted,
it was not in my Judgment unreasonable,
but entirely justifabIe. The accused is
therefore discharged.
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Az ARrsro1RATIc WRDDINo.-A bril-
liant wedding took place in Albany re-