Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-11-21
Our Puniehments for Crime.

that the suffering Tor crime, as d rule,
fell uot upon the offender, but upon his
family. When L look over penal
laws, their titles, to my mind, read be
tween their lines, "ActS to punish lcireS
and children ofthOSe ichO UiOLGte their
terms" l was constantly appealed to
to pardon convicts for those reasons, ,and
in some cases by the wives of those
who made the complaints upon which
the wrOng-dOer was cOvicted. When
this was told to them, their answer was,
that while that was true, yet when
the husbands were in jail, where they
were fed and warmed, their wives and
children were left to starve and treeZe
for want Of support.
There is no Perfect way of dealing
with crime, but there is no worse way
than the system Of this State. Some
years ago leading lawyer of New
York Travelled through Egypt. He
met the chief of wandering tribe OF
the desert, ,and, among other things, he
told this wild ruler of cur laws, and the
ways we dealt with crme. He was
heard with astonishment, and for the
first time he himself was struck with
their absurdities. After his return he
used t say that he was never 80
thoroughly ashamed of his country as
when he was telling his simple mind
ed auditor what laws we had upon
these subjects, and how they we're en-
forced.
While we may not frame perfect
systems, much can be done to make a
better state of things-tO simplify
Justice, and to break up the tendency
10 disorderly conduct and to vagTancy.
We can not hope to make any marked
improvement in our jails. Each cOun-
ty must have one, and its population
will determine the character of its place
of confinement. Those in charge Of
them will be frequently changed, and
save in the large cities the number and
character of the inmates will hot admit
of classification, etc.
The first change should be one that
will sllOw our judges to impose punish
ments other than sending the offenders
to these common schools of vice.
As nothing can be verse than our
present laws, there can be no harm in
trying new plans. We must have
iails, as there are cases when the safety
of society makes it necessary to lock
men up. But, as rule, other restraints
can be used which will check, mol
teach, crime. Oar laws only allow two
punishments to be inflicted for minor
offenses-fines or mprisonment-and
these must be imposed without regard
to age, sex, condition, or circumstances
The law demands these, it matters not
what moral or material mischief they
may do. As rule, fines iuflict distress
on families and friends, while jails are
a gateway to course of wickedness
which leads to the State prisons. For
these reasons no pUnishments are in
hicted until the offenders haye grown
into hardened criminals who excite no
sympathy. There is no power to deal
la a right way with the first step in
crime, with acts Of mingled error and
wrong doing. 1t has been my duty to
look into great number OF such Cases,
and | have given much thought ami
study to our statutes with regard to
them. Next to moral and religious
influences, we must rely upon the wis.
dow of our laws with regard to youth
full offenders. 1t is comparatively an
easy matter to deal with grave crimes.
The first step toward reform is to
give magistrates right, within certain
limits, to direct such punish ments As
they shall see are best fitted to reform
wrong doers. They have all the facts
before them, and best know what il
Just and right in each Case. This will
not give them undue powers, but il
will take away preteXts for not doing
their duty. Now they must fine, or
imprison, or discharge. In many cases
eitherrof these courses is unsuitable
and many wrong-doer go free, for to
enforce law would only make things
worse.
This state of things is full Of evil. II
could bind them out to do
work, or direct the minors TO be chas-
tised by parents or guardians or suit
able persons, many would be saved
from the moral leprosy which infects
our jsils. Such or like punirhments
would be inflicted, and there would be
no excuse for letting offenders escape.
Magistrates should have in addition
to their present powers the same right
of control over vagrantS, diSOrderly
persons, and habitual offenders which
parents or guardians have over their
children or wards. The fact that they
belong to these classes should be Judi
cially decided after a certain number
of convictions. When they are thus
enrolled in these classes, they should
have no right to vote al any election
AS our laws now stand, notorious
offenders who do no honest work, who
can only live in immoral ways, are
held to be innocent persons, when
fEH hn
technical, and sometimes expensive
proofs are furnished that they are
guilty of practices which there is
moral certainty they indulge in. This
is right when they are accused OF
grave crimes. But there is no hard
ship in putting such persons into that
state of Wardship in which the law
places all persons who are under the
age of twenty-one years, or who are
afflicted with disordered minds. Should
morals be more leniently
dealt with than disordered intellects b?
There is no danger in giving magis-
trates the power over habitual offend
er5 which parents and guardians have
over minors-that of making them
work, of binding them out, and of
locking them up; and, in the case OF
having them chastised rather
than sent to jailS. There is no reason
TO fear that this punishment will be
used too often or too harshly. I'll
would rarely be applied, but should
not be made illegal, as it would give
great control, and would
do much to put an end to the bravado
and swagger of disorderly boys which
are so much admired by their weak or
youthful comprehension Sey-
mOur, in Harper's Magazine for De-
cember.