Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-25
SHALL ALL LARCENY BE
FELONY.
The "Other Side" Of the Case
A Correspondent Takes Issue
with sSV. VS. ~

Correspondence of the Register.
MoRGANrowN, November %.
The articles ofyour,correspondent "V.
"" are very interesting, and they are
also useful in calling public attention
to many defects in our statutes. The
subject discussed in the issue of the 10th
inst is one that has excited great interest
in another direction than that men,
toned therein. The question OF the
distinction that should exist between
grand and petit larceny, 4, e., the
amount that should determine when
larceny should be punished as felony
or misdemeanor, is being agitated by
the citizens of the State generally.
Many persons are of the opinion that
the standard of value should be greatly
lowered in larceny, and, like your CORE
spondent ~. w." all, or nearly all,
larcenies should be punishable as
felolies, which of course, is
by confinement in the penitentiary
or death; and the smaller
offences, such as chicken stealing, &c,
by being publicly whipped. This latter
punishment could scarcely be revived
in West Virginia. This view OF tie
question is, however, more in the light
of the material than the moral aspect;
and it is in the moral or pthetic view
that "V. "" discusses it. The purport
of his communication is that the ''peni-
Tertiary convict is forever debarred
from the right of suffrage, while the
petty thief, whose enterprise does not
20 beyond his neighbors chicken coop,
or reach beyond the dignity OF a twenty
dollar larceny, is a man and brother,
&c. How this conclusion can be reached
by reading of the provision OF Consti-
tuition cited by "N. "" it is somewhat
difficult to see. The constitutional pro-
vision quoted by him provides that mo
person who is under cOnvic-
ton of treason, &c, shall be permitted
to vote while such disability continues. "
So that it is quite apparent that the peo-
pie OF West Virginia, in adopting the
Constitution, intended To provide
against DISTINGUISHING any one after
reversal or service OF Il term OF cOnvic-
ton, or after pardon.
Now as to the latter part Of his state
mcnt Surely "N. w." has not reflected
upon the entire consequences of his
proposition to make all larcenieS fell
onies Would he send the thoughtless
youth who snatches an apple from the
fruit stand to the penitentlary, To asso-
ciate with the hardened criminals, and
be blasted in after years with the stigma
of the disfranchisad citizens? No, not
citizens, but pariahs of society. 1t is
not the spirit of the age, it is respectfully
| submitted, and little reflection will
| show that this illustration, though an
extreme one, has the germ of all the
| unhappy consequences that would flow
| from such provision of law. At one
| time there were in England over a
hundred crimes punishable with death,
including the smaller offences OF lar
cenv. The history Of the times develops
| the fact that executions were OF daily
occurrence, and the heart sickens
with the horrible details of the un-
ntimcly taking off of many that
| were tempted by the necessities
OF their condition into minor breaches OF
law to sustain life. And yet the number
| of offences were not curtailed by such
reforms, not to say barbarous statutes.
\ far better remedy for the evils Of
which "N. v" speaks would be the
establishment OF a house of reformation,
or work house, where these offenders
could be ma le useful to the State, and
be ACKNOWLEDGEMENTS that would afford
them means for support when their
terms of confinement were at an end,
and at the same time be made to feel
that for the period of their incarceration
they were under the ban Of public dis
pleasure and suspicion, which could
only be lifted by subsequent life Of
honesty and purity. The sentiment Of
the times is not a prurientin this matter.
it is simply the outgrowth of experience,
which is now pithily contained in the
expression that 1T pays
ADVANCE.