Knoxville journal. [volume] (Knoxville, Iowa) 1874-1986, 1875-09-30
Legal Punishments.

II viii doubtless always be maintained,
nd with a good dea. Of reason, that legal
nunisbmens should lie enforced without
distinction Of persons. There must be, II
Il claimed. The saIse law for the rich and
The poor. This II Fundamentally very true,
and the truth of the maxim II 80 generally
aeceraed that In every civilized country
capifal crimes are equally punished.
Whenever there arc any distinctions Al all,
thew pertain to minor offenses. Rich pccu.
IatGrs sometimes succeed IN escaping the
penalty Of their misdeeds, not because the
law makes distinction between the rich
and he poor thief, but because the peeula.
tion has not been the theft direct, has been
adroitly managed 50 as 10 stand beyond
the reach Of the law. In all cases of a
0rayer character where the ofienses con-
iniited are identically Of like nature the
penalty il the same, no matter who the
person IL. But there arc a few cases that
necessarily involve question Of condi-
ton or Of aDtecedcnts. The rich and the
poor forgers suffer alike; but perhaps the
rich and the poor drunkards, or the rich
and the poor cofnbatants in an as
sauIt, are quite likely TO have a
different sort of penalty dealt out To
pearance may be very far from being
different In fact. The noisy vagabond
who II sent 10 the penitentiary FOR ten days
probably feels no disgrace, and expert
ences oDly little temporary inconyeni-
cncein the penalty; but TO the man OF
customary sobriety, who in an exception
alconvivlaI hour disturbs the peace, sim
gle night in the sta,ion-house 10 an in.
tense Humiliation, bitter fact likely 10
stain and embarrass all his future life. To
man Of .sensibility and refinement a
prison Is ten times more formidable than
to a man OF course instincts and rude
habits OF life. Everything in this world
ls much or little by contrast; mode OF
life that IA a Iaborer Is comfortable and
even agreeable 10 one Of another kind OF
training would be uncomfortable; the tasks
that some find easy others find intolerable /;
the act that with one man is matter Of
custom 10 another Is bitter humiliation !;
and hence II the law in the infection Of It's
penalties makes no distinctions II simply
succeeds In making practically tremendous
differences. III IL fundamental maxim
that all mon should suffer alike for
similar offcnscs, then, IN order that they
may suffer alike the penalty should be adj.
|usted W the character, rank, and condi.
tions pertaining to the pcrsonsundcr judy
ment. An iutlexible law Is sure 10 be an
unjust law A law incompetent 10 rec0g.
nizc the difference between q woman
reared tcpderly, amid ease and luxury,
and a fierce terInagant Of the gutter, or in.
sensible 10 the difference between u man
Of breeding and lifelong repute and one
hardened 70 every form Of degradation,
such q law In actually very unjust, how.
ever much 1t may carry upon the surface
seeming equity How far II may be
practicable to act upon these differences
Of character and condition, IL Is not easy
to say, In many kinds of oiienses ii Is
certain that Il cannot be done; but, as the
Law always falls even at It's best with
peculiar liarshncss upon that better class
who are not habitual criminals, who have
under some mad temptation sacrificed
every thing that had made life dear, there
need be no fear that these unfortunates
will not experience the bitter consequences
of their misdoing To the Appketons'
Journal