Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1881-01-20
[For the New York Observer. ]
The Decay Of Justice.

No feature of modern society, especially
in this country, is more alarming than that
indicated by the title of this article. The
decay he's NOT begun at the top. Our
courts Of Justice have maintained to q
remarkable degree their supremacy and
purity, and are still the 9 guard Of society.
Even an elective jud lury, which was
regarded by many with crave apprehension,
has not realized their fears. Very rarely
10 the history of our courts has q Judge
been suspected of rendering corrupt
judgment, as rarely perhaps as in any
country Of the world. The evil is lower
down in tho framework Of society, in tho
people themselves, but it is all tho more
alarming on that account. AS they arc the
fountain Of power, tho institutions Of tho
country sooner or later become assimilatcd
to thom in character.
1t must be evident to all persons of the
least observation that there has been grow.
ing up among US, of late years, sentiment
in regard to crime, and a sentimentality in
regard to criminals, which is very different
from that of our fathcrsand which ia different
from that which has prevailed among the
most enlightened nations. 1t is claimed
to bo on advance, out the advance is down
ward. In series of articles recently
published in ono of our leading journals,
the object of which was to advocate SELF
government in schools in place Of govern
mcnt by tho master, tho writcr, after pro-
pounding his theory and giving some account
OF its working, stated its substance in the
following parenthesis:
81 ought perhaps to explain that have
tried to get out of tho habit Of using such
terms as punishment or pcnauy and to
substitute tho words dose or mcaictac"
This sentence contains tho gist of the
false system of morals and of government
which is affecting modern society, and
which threatens to sap its very foundations.
~ large part of the community arc "trying
to get out Of the habit" Of recognizing
the distinction between right aud wrong,
and to shake OF the consciousness that
under tho government of God thcro is
penalty, and that under oycry righteous
human government there should be punish.
mont, actual punishment, for wrong doing.
The modern theory is that sin is not sin but
disease; that crime is not crimo but mis(or-
tune; TINT evil doors, including the most
violent and dangerous Of criminals, arc
not to be regarded as guilty, but simply as
objects of commiscraton.
According to this theory Justice uis q
tigmcnt, and penalty and punishment have
no place 10 tho vocabulary of those who
hold it. And it is not nero theory; it is
rapidly becoming tho basis of action with
many who boar the namo of philanlhropists
aud with many more who act under their
leadership. If such ideas wcrc confined
to D,ngazines or pamphlets or radical con-
ba 4
Lrehension, but unfortunately tho social and
criminal history of the last few years shows
that these dangerous sentiments have been
reduced to practice. When some shocking
crimc is committed tho public mind is in
stlnctively shocked, but no sooner is the per.
petrator of tho crime arrested and in the
way of being brought to punishment, than
popular sympathy for the criminal manifcsts
itself. The crimo and the victim arc
speedily forgotten; outraged society, which
demands protection against the repetition of
such deeds, is lost sight Of; tho criminal is
put into tho position of an unfortunate hero
battling against cruel and oppressive lows
from tho severity of which hc must be
rescued; pseudo-philanthropists, men and
women, visit him IN his prison and load him
with their attentions, rot for the purpose
Of impressiDg him with sense of his
guilt and bringing him to repentance, but
with the effect, if not tho intention, of
making him feel that he is an innocent
and Injured sufferer. And evory possible
plea is resortcd to in order to secure his
ac1uittal aud release without any regard to
his desert of punishment.
Whom criminal is convicted, no matter
what his crimo may be, tho lido Of popular
sympathy rises higher, and if the offence
be q capital one, tho whole community il
stirred by tho efforts made to prevent tho
execution of his sentence, and when all
other means,fail, the executive is prosecuted
with entraties and threats, to secure a
pardon or commutation Of his punishment
with the hope of ultimate release This is
no eXaggcration, but simple statement of
facts that have been repeated over and over
again within tho last few years, and some.
times with shocking disregard of dcccnoy
as well as justice.
AS part of tho samo System tho dis
cipline Of our prisons has been mado to
conform to tho new theory of justice, and
thero are many who, if it we're in their
power, would convert these places of pun
ishment into luxurious hotels for tho
comfortable accommodation of tho unfortu.
mates who are sout to thom The chief
promoters Of, this change in popular
sentiment arc not believers in tho Christian
religion, though some profess to derive
thoir viows from tho Gospel. Tho Word
nowhere cou utcnanocs such an
obliteration Of tho distinction between
right.doipg and ong.dong. The whole
II p,1 l,ct;