The Republican. [volume] (Oakland, Md.) 1877-current, 1896-03-12
wHIPPINe-PosT IN DELAWARE.
Some Reasons Why the State Clings to an
Ancient Method of Punishment.

Some Reasons Why the State CIings to an
Ancient Method of Punishment.
The present law relating to the
whipping post in Delaware is that 'tEe
punishment of whipping shall be in
fiicted publicly, by strokes on the bare
back well laid on" 1t shall be done
by the sheriff or his deputy, or by a
constable. The whipping post and
pillory shall be in or near the jailyaId
of each county. Women are exempted
from whipping. The whipping of
minors is left to the discretion of the
court in each case. Whenever cor.
poral punishment is a part of the judg~
ment, the day for its execution must
be fixed in the sentence. Whenever u
convict, at the same time, receives
several sentences Of whipping, the
court shall so graduate them that I'M
der all of them he shall not receive
more than 60 lashes, nor stand in the
pillory more than one hour.
Whipping is inflicted as a punish
ment for the following crimes: At
tempt at poisoning, mayhem, highway
and house robbery, setting fire to Off
ces, vessels or stores, burglary, lar
ccny, embezzlement, making forged
plates, obstructing railroad tracks,
etc. The pillory is generally added as
a further punishment, or else fine or
imprisonment.
But why" asks the outsider,
since whipping was abolished in the
United States laws in 1898, and even in
the navy in 1850, does Delaware
cling so fondly to it? Is she wiser
than the rest of the country, or simply
more uncivilized?" Well, it would be
hard to explain, to the average out
slider, whose idea of the whipping post
is made up of a tortured prisoner, a
CORY cat-o'-nine tails, and a mob
OF brutalized spectators, the easy-go-
ing indifference of the average Della
warean about the whole thing. The
large majority of the citizens of Della
ware, indeed, have never so much as
seen the whipping post, and those who
Lave, have never been heard to COM
| plain of any brutality in connection
with it. The movement for prison re-
condemnation for the whipping post;
| it fixes on overcrowded cells and idle
| prisoners as far greater causes for
complaint. Many would approve, in
| deed, an extension of the punishment,
so as TO include the crimes of prize
| fighting, cruelty to children and ami
1nals, and wife-beating, now punisha-
! i,ln nnlNy Inv Hnn o,,I
The reasons for this general acquies~
cnce are rooted in (1) the past history
of the state, (2) its geographical posi-
ton, and (3) the conservative charac-
| ter of its inhabitants. They may bc
| briefly stated as follows:
i. Delaware has always had a large
free negro population. Now, The ne
gro is given to petit larceny, and he
does not greatly mind being impris-
| Cned for it. In some cases he has
been known to commit petty offenses
at the approach of winter, with the
avowed desire of getting a home in jail
until spring. This tendency can be
successfully combated only by corpor
al punishment, which he does not like.
| emu dNOlNlS IL I)OSSlDlC. L llt whipping
post has solved this problem for Della
ware justice during the past, and it's
value is established until some better
substitute can be devised.
| .. Delaware is a small agricultural
state, lying between the large cities of
Philadelphia and Baltimore. 1t is
natural haven of refuge for criminals
| from both cities, and would be overrUn
with thieves and small offenders if the
quality of Delaware justice was not
bitter to their taste. The whipping
! post is an abomination to the criminal
from outside. He gives the state
| clean berth on its account. One gang
OF bank burglars did select Whining
ton as a field of operations some years
ago. They were caught and soundy
whipped. They had no difficulty, be-
! ing experts, in breaking out of the Old
! fashioned Jail at Newcastle after
wards, as easily as they had broken in
TO the bank; but the whipping
ranked in their minds; and they left
on record their determination never
again to enter the state where gentle
men in their line of business were
whipped like slaves" Whereat all
Delaware chuckled!-PriscilIa Leon
ard, in Outlook.