Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-30
.'y. W"
Shall NIL I.arcency be Felony"
Why nOt?-What IL Meant by
Conviction Of Cri,ne9-f0uth-
full Criminals.


rgR, has been M much 10 evoke M cx-
preston Of opinion by other corrcsPhn-
den,s upon the subjects they touch, rs
To- trouble you with any views OF my
own, Hence am gratiRcd by the
lcllcr Of Advance and certainly have
no laul, 10 find with the very courteous
manner IN which hc takes issue with
me. beg 10 say, however, with great
Difference, that ho hls lailud to
perceive the point ! sought to make
by PROPOSING that all larceny should hc
felony. My argument was this: inas.
much IN tho thief, who IL convicted at
grand larceny, il u iclon, aud therefore
aislrauchscd, why should another
thici, guilty only ni petty larceny, hr
permitted tu exercise tho right al sui
irigr? Now, | affirm that no sufficient
answer can be- made Ia this question;
and It's statement, therefore, IL an argu-
men, which proves the proposition In
yulyc,i. The error al Advance IL that
he has assumed u position Tor me which
| have not taken. My proposed
amendment To- the Code was simply
"a say that all larccnics, hnwctr
punished, should hr dccmcd lclonlcs.
Maniicstly, these words however pun
ishcd' exclude any suggestion oi change
in the degrees 1T punishment W. pre-
Scrihcd by the statute. |, certainly,
would not send the thoughtlcss youth
tu the pcniicntiary Tor sna,ching m
apple. merely leave him where the
law now places him subject I" prose.
cutlou Tor petty larceny, lany one were
likely to urge 1t because the law, ~ II
slauds, draws no distinction ~ To the
iuivut aud the crime, between the lar
cruy al IN apple and any other subject
oi larceny. II docs make u broad dis
tiuctlon IN the punishment II prcscribes,
and il might well 90 farther IN liz dis
tiuctions My own idea, ~ 10 the
thoughtloss youth, would hc the in
Fiction ui u lecture teaching the differ
cucc between mc,uH aud hiuDi, enforced
hy the parental hustinadu, w u proper
pcualiy iur his Juvenile pcccadllo.
beg To- repeat, on this point, TINT
have proposed nn change IN the law NJ
lar ~ il prrscribcs the measure at
punishment Tor the different grades al
larceny. lmrnut Ia dvnl, uuly, with u
question which IN supposcdto Affect the
purity at suffrage.
But Advance touches me more close
" when hr attacks the basis al my
argument and challenges the c"rrcclncss
ol my reading 1T the Constitution. Let
me, tu he quite correct, quote his IAN
guagc; The Constitutional provision
provides that II" person who
IL under runviriiou, Nc., shall bc per
miitcd Ia vote while such disability con
tinucs. :" that II i quite apparent
that the people al West Viz
gina III adopting the tnnHtilu-
ton intended tu provide against
DISTINGUISHING ANY one after reversal,
ora service al a tvrm at conviction,
ar after pardon. y This proposition IL
rarity right aud partly wrong, II will
he apparent Ia Advance upon u review
ul this Mugunpr that hr has cuuiuunded
terms. reversal can only apply I" the
Judgment al the court; and since ruu-
ylrliuu. IN the sciisc ~ which II Is here
used, 'moauH the Judgment gwen against
II criminal, at course, II the Judgment
hc reversed there can uu longer exist n
conviction Aud 81 after PARTON there
IN uu continuing disability, because the
Language at the Constitution wax de-
sigucd To- cNtcud the Junction al pardon
su that II would relieve the Criminal
lrum not merely corporal punishment,
hut all'ihc disabilities consequent upon
conviction, Including dlslrauChlsuluvnl,
a. al. A
srruIs To- he, that hy the completion al u
criminals term III confinement ~ the
pvuitvnltHry mot term III CONVICTION nil
the disabilities resulting from cnnvIr-
ton are vudrd and that hc comes forth
from the pruttcntHl cells al Mounds
willie with clear acuuiltanCr, once more
"A man aud n brother Who can rulllc
il with the hCst oi us This IL very
great mistake, The convict has, io use
the language ol the court, III lOth 'rni-
tan 7O3, satisfied the oXigcncy o( the
scntcnrc in respect al the corporal pun
ishmuni imposed, hut III nothing elise
bisirauChlscncnt Is no part oi that sen
truCr, II Is not u judicial judgment
or conviction. but IL u constitutional
rnusruucuCr al ConN lctiun. Aud where
the Judgment IL unrcNcrScd thus diSl-
h,lity will continue forever, unless re-
moved hy the pardon which rclicvcslr from
the corporal punishment al the crime.
II il has hrcu suffered aud the convict
has thus paid the pcnalty at tho law, he
IL hrNuud the reach at executive clrnl'
cncy. II can not take away the dtsahll.
ity which the Constitution adds To the
nAudgcd corporal punishment, except
Nv removing the latter 81 necessity,
pardon can only apply Ia II CON
Wet while he * enduring his pun
lshmvut After lis prescribed period has
been concluded aud the criminal Is re-
leased, the executive power, however
ucrctul, can not Interfere with the
mandate ul the fundamental law, That
is supreme, 40 long ~ II remains IN
changed hy the sovereign act oi the
people. But cannot now, discuss this
point further
A to minor hrccnlcs aud offences
.ccucrallN hy lhnughtlcss youths, there
will not bc much controversy between
Advance and myself. House at
Correction Is the proper aud humane
school 1T rXpiatlon tnr youthful uliun-
,lcrs. Were |, now, dealing with this
question, | would Join him III seeking to
cngrait upon tho policy OF the
State, that broad philanthropy which
would rescue all youthful offenders from
the nniuatiuu oi crime, snatch them
us brands from the burning, teach
,hcm the blessed influences III honest
conduct and cheerful lahor. and, IN
time, give thcm back to society, re-
claimed from all taiut Of degradation
uuG made ready 10 he lifted by II sub
sruurnt lille oi honesty aud purity int"
the ranks oi goui citizenship.
V. V.
L. ). Since writing the above | have
seen the communication oi \. \. H..
in the RnG,srEg OF tho 9Th inst.
lie seems, although he does
me the honor to quote my suggested
amendment, italics and all, To- have
made the same mistake ~ 10 my pur'
pose.
trust what | have saii IN reply tn
Advance will satisfy y. \. n, that
have lnadc no proposition IL chang,
tho prescribed punishmcnts oi petty
larceny. As Ia hts other points have
I