Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1878-12-21
"V. W.
Shall all Larceny be Eelony' Why not?-
What is Meant by CONNECTION Of Cime'-

Shall all Larceny be EetoRyF way not -
What is MeGnt by CONNECTION Of Ci@e'-
q Youthful Crimmcls.
Correspondence of the Wheeling Reg isier.
Ny purpose in writing the hurried papers
which have sent to the Register, has been as
much 10 evoke an expression OF opinion by
other correspondents upon the subjects they
/ touch as to trouble you with any views OF my
own. Hence an gratifed by the letter OF
Advance aud certainly have no fault to tiud
with the very courteous manner IN which he
takes issue with me. beg to say, however,
with grea; dvference, that be las failed 10 per-
ceive the rout sought 10 make by proposing
! that all larceny should be felony. My areu-
! menl was this lnasmuch as the thief, who
! is convicted. OF grand larceny, isa iclon, and
| therefore Gsfrauchised, why shorll angthsr
thief, guilty ouly Of petty larceny, be permitted
/ 10 exercise the right OF suffrage NoS, al
\ firm that no sufficient answer can be made to
/ tins question aud its statement theroiofe,ts
an argument which proves the proposition IN
I yolved. Tho error Uf Advance is-thut he
has assumed position for me which ha7e
not taken. Ny proposed amendmen! TO iho
! Code was simply 10 say that al larcenies, h1c-
erer punished, should be deemed fe!ouies.'-
/ ManIlesty. these words however punished
! excludes any suggestion OF change in tie de-
| grees Of punishment as prescribed by The
statute. !, certainly. would not sond the
/ thougbteSs youth to the penlieniiary f'r
snstchiug 40 apple merely leave him
| where the Law now places him-subjeet TO
prosecution for petty lsrccoy, II ssy one were
| likely 10 urge IL becsuse the law, ss u stands,
/ draws no di.tnciIon as 20 tbe inteui and the
crime between the larceny Of 81 aPple and
auy OIL . subject { larceny. ], does make a
| broad distinction in the punishment u pre-
scribes, and 70 might we'll 20 farther Ia u. as
,inctions. Ny own idea, as ~ the thought
| less youth, would be the luhicsion ot = lecture
| teaching tho dis1epco between noun and
| hrugi, enforced by tbe parental oasiiuado, Us
proper penalty for bis juvenile peeesdllo.
bog 90 repeat, o. this point, thai haro
! proposed no change in tho laS % hr as II
prescribes tho measure Of punishment ior sho
] ii ilorent grade, Of larceny. | meant ~ dcsl,
on!s, with question which i' tupposed to
ahrot iLs purity of suffrage.
But ut'Adyanco' touches me mote ehsciy when
| he attacks the basis Of my argument and ebal-
! louges the correctness OF my reading ~ The
! Constitution. Lot me, 10 be quite o'Ireet.
| quote his language The Constitutions,
nroyision o. provides that
no persan who 10 urdor conviction, SO, shell
/ be permitted 10 vote while s1oh disability con-
;inuos So that il il quite apparent that tho
people OF West Virginia in adopting the Con
stitution intended to provide agalBs, disifan'
chising any one after reversal, OF service ~ q
term Of couvictiJn, or after pardon" TIM
proposition is partly right and p,rIly wrong.
4. l. -, 9 4 a "A
Oft i, Ian ,uaee that he has coDlonndcl terms.
n versaP can only apply TO the judgment OF
| the court and since conviction, 10 the sense
! Ia which it is here used means the jud smcnt
aiven against criminal, Of course, II the judg-
mot lie reversed there crn 10 longer exists
conviction. And 50 after par Ion there is 10
continuing disability because tho language 81
the Const tuition WAS designed 10 extend the
! function Of pardon 50 that it would relieve the
criminal from, not merely corpora IuljsL-
ment, but al the disabilities consequent upon
conviction. including dislraDchisemcn'.
But the idea Of your correspondent seems %
be. that by tho completion Of criminals
term Of confinement 10 ihe peuitentiary loot
term of conyiction) al the disabilities resulting
from conviction arc ended and that be comes
forth from the penitentiary cells Of Mounts-
q q
man aud Iruther' who can ruille q with tic
best Of US. This is very great mistake. The
convict. to ufe The language Of the court, N th
G,altau 7OS, las satisfied the exigeucy'o tho
sentence n respect Of the corporal punishment
imposed, but 10 nothing else. Disifarchiae-
ment Is no part Of that sentence Il Is not
judicial Judgment or conviction, but Is a con-
stitutional consequence Of conviction. And
I IL, -, re.ls
will continue forever, unless removed by tho
pardon which relieves from tho corporal pun
lshment Of the crimo. II il has been suffered
aud the convict has thus paid thc penalty Of
the Law, be Is beyond tho reach Of executive
cIemency. Il can not take away The disable
ity which the Constitution adds 70 The adjudgci
corporal punishment, except by removing tic
latter. Of necessity, pardon can only apply
to 4 convict while be is enduring his punish
ment After is prescribed period has been
concluded and the criminal is released, the cx-
ecutiye power, however merciiul, can cot ~
ierfere With the mandate Of the fundamental
law. That is supreme. 80 long os u remains
unchanged By tie sovereign aci u the people.
BIT / cannot, now, discuss this pom; further.
Is 70 mioor lafcenies and Offences generally
by thoughtless youths, there will DO, be much
controversy between Advance aud myseIf.-
A House Of Correction is the proper and
humane school Of czpiation fJr youthful oiien-
ders. We're T. now, dealing With this quc5-
tion. world ~ him ia seeking 70 ensTalt
upon the policy Of the State, that broad pbilan-
thropy which would rescue all youthful oiicn-
ders from tho infaiuation Of crime; snatch tLen
as brands from the burning : teach them the
blessed influence u honest conduct and cheer
ful labor; and, 10 time, aise them bach 10 so-
cie.y, reclaimed from ali ,aint Of degradation
and made ready 20 be lifted BY ssubr1nent
life Of honesty std purity into ths fans' OF
good citizenship.
P.s.-since sritiog the sbovc have seen
the communication of X. Y. u. 30 the Rcgis-
Ter u the 27lh inst lie seens, although be
does me The h0nor 20 quote ny suggested
amendment, italics and all, 10 have made the
same mistake as 20 ny purposc.
trust what have SAID in reply 70 Nd
vance will ..isfy X. Y. T. ibsi have made
no proposition " change The prescribed pun
ishnsni Of petty larceny. As 70 bis other
poinn have nothing 10 ssy. They seem 10
belong 10 ,he sentimental discussion o. sIilne
aud criminals, sDd lle beyond The Intention Of
nv noo, articles. v. V.
How to make noise in the world-s,rite
fJr a blacksmith.