, 1870-08-07


generous sympathy expressed in their be-
half By the overwhelming minority Of the
American press, has not been without its
influence in compacting all Germany into |
a myriad band Of brothers to bent back the !
spokesman and invader. Napoleon now
finds that he has the toughest job aud big
Yest contract on lis bands tha. he ever
undertook, and he will b1ess tho day that
sees him safely ont Ut it
The PUNISHMENT OF BURGLARY.
The murder Of Mr.. Nathan, in New York.
has drawn from the World and Eeening
I'osk of that city suggestion that the legal
punishment for burglary is wholly inale-
luate IS preventive of that crime, which
TOO often results in murder, or other fatal
consequences. These papers say: -
You arc awakened bS a thief In the night, in
the consequences of a struggle. Most men aru
:nstlnctre4y npelled to resist to attack burg
ton of life ct death Gel weel tw, Add to tis The
itest! ant The atat1n " women aud chi1irru, and
he sancttts of ones hon&e- These considerations
ii. .eressi,5, 1T makin: Tie crime Of Lurxiafy in
u dr. elns-l,onse capital olcncc, whether 1t has
Ii If i :ouua ant! admitted principle Of criminal
cl Alnt:tn that the punishment tJ be uwarIcti to
>oLlt specific tiithcc ought to 'n Influenced IN
itrG Gt.eeE:e lF The pfUtable CONSEQUENCES to
+s'tl II lt:uls, although those consci,sences may
cnt lWayH tiste- Nnen thr Punishment Is
"rAsured r:y i,y The barc aexrec Of crime It.
slt. NItsOnt re&Arl tU tue consequential dangers
1hch Its co1llr1Ils -iou Involves. 1he 1w.maErug
iuwer has fasiet! 10 perform tts duty-"
There is much force in the argument that
the legal punishment of crime ought not to
ae measured merely ty the nctualdeed, hut
by its probable resu1ts Burglary is now
punished RS more case Of robbery, md
yet no burglar enters q dwelling house who
is not simply prepared to overcome all re-
sistauce, md to escape, even if to do 40 re-
4uires the free usc OF the knife, the bludg-
con, or the pistol Quite recently, man
Vas discovered, in this city, at midnight,
trying to effect an entrance into 8 dwaliin.
sud YVES shot from tho inside by the propri-
! ator. Tho next morning his deRd body Was
discovered in an adjoining field, aud upon
it an armament Of several knives, three p;s-
tols, mud sluug-sLo5 besides reeulnr
o1stft Of tools. Had this mnn obtained an
entrance, he would not hnve hesitatcd to
use any Of these weapons to oyezronae re-
sistauce, and 10 sileIcc alarm. It is true
that burglars do not always commit mur-
der, nor do they always use violence, but
they go prepared for both. They enter
dwelling for the purpose of robbery they
tske their lives in their hands they rim
the risk Of l'eing shot, perhaps Killed, aud
they deliberately provide themselves with
the means Of escaping arrest by taking the
life Of any whu may resist them, OF give an
alarm. There are hat few families who
would not willingly purchnse exemption
- the visit Of d burglar aud
'e4.o4e .-'s perils to the
inmates by giving hl.- an oonivelent
III money for what he might <n4.;n in his
raid. The terror produced upon wou....
and children by tho presence in their Sleep
ing apartments, OF an armed and desperate
sobber, is scarcely less cruel OF injurious
thnn actual violence. Yet the offeades, il
arrested, is only punished as a robl,er Of
personal property. If the offence of en-
te,ing dwelling house burglarioualy werc
made capital offence, would it have the
elect Of preventing the crime to any extent ?
Does the fact that tho punishment Of death
is provided by law for murder have tho
effect Of preventing the crime to any ex-
tent This is IN old ouest;on 1onr AM,
ses;o,slr debated he ,ba host ,,i,a, n al,
COURSES. mud x;.hvut auv satisfactory
. result.
: 1t is conceded, however, TINT the Law is
; powefless TO prevent craAe lv providing
punishment, unless its administration be
prompt and certain. The execution of .we
J nurlerers IN New York will have a mort
} wholesome effect upon that class of Grim
inals than all the statutes ever enacted
The question with these people is, not whA1
punishment the law provides, but what arr
J the probabilities of its execution; and Il
the extent that there is laaity in the execu-
tion OF THO law, tile punishment ceases e
AaSe my ehect. 10 make burglary capi
) IN ohenee would only lncrease the difdcul.
ues Of CONVECTION and whenever the pun
'shnent provided by Law is, in public esti
! NATION, excessive, the chances Of escape
BY the criminal are increased. /
is probable that tho law against burglary i
o ample, but what is needed is its enforce
+ uent, first by the conviction Of the pezson
8 and then by strict enforcement of th,
r penalty Fifteen to twenty years ialpris
: oument ut hard labor, if rgidly enforced, i
3 severe punishment, and, for maiorit
1 of crlui1als, equal to the terms of thei
, lives but there are few burglars who hay
l sov fear that, even if detected, conrictel
and sentenced for such term. they vi
be required to serve it out. It is this hope