Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-11-17
CARRICK's RELEASE.

hardened out of the State Prison, after
serving two out Of a five years term OF
incarceration. His restoration to liberty
by the Board OF Pardons IS regarded as a
Questionable act. It's propriety and justice
are a debatable proposition. The Board,
being in possession Of all the facts OF the
case. and investigating the same accord
ing to the law duly tempered with mercy,
are presumed to have acted in the FUR
theraace Of justice in granting him his
release. And, as far as the unfortunate
convict himself is concerned, no person
familiar with the honorable life he had
led and the influential place he had &C.
cupied in society up to the time OF his
fatal crime, can regret that he breathes
the free air again. His restoration to
freedom suggests rather a feeling Of sad
ness that he can neyer again be the man
that he used to be; that in all he under
takes hereafter he will be pampered and
weighted by his criminal record in the
minds of Others, and that his consciousness
OF c~riminality, and Of the reproach he
sees everywhere upon the faces OF his
ueighbors. will embarrass and distress
him. The opening of his prison doors
has not ended his punishment; it has
been modified, but not materially les
sened thereby. The mans pride Is
broken down, and he viii be his own
accuser as long as he lives. Hence, per-
sonally, he is an object Of sympathy
rather than OF reproach.
But the question arises whether Ben
iamin I. Carrick case should have been
considered peculiar; whether be should
have besn treated with extraordinary
clemency Viewed from the standpoint
Of impartial justice and a wholesome
dispensation Of law for the welfare Of
the general public, 1t seems that the
question put admits Of none other than
a categorical answer in the negative.
In the first place, the value OF crimi-
nal law IS in its force to repress crime by
the moral example OF adequate and
summary punishment. The punishment
IS inflicted less for the pain it brings
upon the offender than for the terror it
Is calculated to inspire in the minds Of
others when tempted to be guilty Of a
similar ofense. The measure Of punish
ment OF crime Is determined in the inter-
est OF society before the individual
offender is known, and not afterwards.
Therefore all criminals, in order to sub
serve the healthful ends OF justice,
should be treated alike and as the law
prescribes. Otherwise the law is i'm
paired and does not accomplish its we'll
meant purpose.
In the second place, Carrick's crime,
that OF embezzIement, was not one OF
passion. 1t was deliberate. A man may
wound or kill another i'm a transport OF
rage and be entitled to a degree OF
clemency from the law for that reason;
but theft, the appropriation Of moneys
in the keeping Of an official as a trust, is
a crime necessarily preconsidered, and
committed with calculation and in cold
blood. The mitigation Of such a felony
Is the least that can be presumed possible.
Again, everybody knows and feels that
if the grounds for Carrick's release are
good, whatever they may be, there are
many, at least some, Others 10 the State
Prison whose restoration to freedom
could be demanded on as good, if not
better, grounds. These convicts, who
never see the sun rise above or set below
the apparent horizon, who are packed
away under heavy bolts and bars nightly,
to sleep in attitudes sardine-like, and
never during their wakeful hours hear
more cheerful sounds than the tread Of
the armed and restless sentry, naturally
suffer by comparing their helpless misery
with the condition Of Carrick, unjustly
better than theirs. Their punishment is
increased by this singing reflection, and
thus made greater than is contemplated
by the law.
And, again, it is not a wholesome thing
for the presumption to gain ground that
a mans punishment will be only nominal
if he has offended while in conspicuous,
influential place; it is harmful to public
morals if the inference is allowed to
strengthen that all a man needs to get
him out Of any scrape is the backing Of
persistent and powerful friends. 1t would
be far better for the people to understand
that those who enjoy great social advan.
tages and public privileges will be held
all the more strictly to account, while, if
the statutes are to be tempered with
leniency, it will be in favor rather Of the
lowly and friendIess, those whom the
busting outside world never hear from
after they are clothed in stripes and lose
their names for numbers within the walls
Of a penitentiary.