New-York tribune., 1901-02-17
4 BACK WARD STEP.
JUDGE GRAY. OF THE NEW-YORK STATE
COURT OF APPEALS THINKS ONLY
AN IMPROVED PUBLIC SENTI-
MENT CAN STOP LYNCHINGS.

| To the Editor of The Tribune.
Sir. In compliance with your request I will state
4 as briefly I my views upon Judge Baldwin's
/ proposition ~ whipping antidote 10 lynch
ing" have read The learned Judges article With
! the attention and interest which il deserves As
/ understand him. ne argues that mere imprisonment
/ for such crime that ~ rape is inadequate as
punishment. and that IN order 10 satisfy and al
lay popular feeling in that respect the iniCton ~
the whip upOn the criminal should be adde's q his
term Of imprisonment. I quite with him that
the lynchings. which have heen of such frequent
occurrence. disera ceful civilization and
tend 10 hiring reproach upon our country II
| could believe that the added penalty Of corporal
punishment hy whipping would serve 20 put an end
10 such occurrences I would heartily concede the
wisdom Of his susgestion. But for inability 10
tertain the belief. I compelled 10 differ with
him. and therefore To regard legislation which
shall provide for such form of punishment not
merely useless. hut unfortunate step back
ward for the State 10 take.
The main duty of the state is 10 regulate the
lations Of fits citizens 10 each other and society
a. whole by laws which shall provide for the pro
lection Of their lives liberties and properties and
which shall furnish such rules of conduct as will
best promote order and progress The object of its
criminal statutes is the punishment Of an in
fractions Of those laws rules. and under the
stimulating influence Of modern thought there is
added the further object Of reforming the impris-
oned convict. so that upon his return 10 the com
munity he may. II possible become useful mem
her Of II, and not a menace The purpose Of Grim
inal legislation is the prevention of crime and the
penalty prescribed should be such as viii be pro-
portioned TO the offence. when punishment by a
term Of imprisonment has been inflicted organized
society is then concerned with the offenders
in so far as that he may he reformed Of his vices
and turned from his evil ways The punishment Of
the offender against the laws in penalties proper
TONED 10 the character Of the offence and his de-
cent care and reform while imprisoned are results
which progress in civilization has brought about
should
sohc1tous that the State should not retrOgrade
appear 10 do SO, by the restoration OF forms Of
punishment which are associated In minds
With the practices OF less advanced state OF
CIVILIZATION Especially l. this true II the penalty
proposed 10 be restored is one which may. ana -
I think will achieve The end IN view.
As Judge Baldwin admits. the crime OF rape.
which furnishes the basis for the proposition ~ his
when under some extraordinary temptation the
man man lspses & rom Ihe "a nshIs oi LIFETIME ~ IN II =
punishment that the state can inhiet short of
jusihsation upon any theory OF proportionate pun
ishment: but would the restoration of the whipping
seem such sufficient penalty 10 the communities
where lynchings would be apt 10 occur as 10 pre-
vent their occurrence ] believe there would be
fewer When the minds OF the individuals who
crime either through their relationship with the
victim or their Interest in The AFFAIR neighoors
dered by the act as 20 disregard all law the
doubt exceedingly that the prospect Of the whin-
ping Of the offender. however ordered. being added
their projects OF revenge and 10 await patiently
( the orderly result of the TRIAL lnfuriated by the
preparation of offence which hrutalizes the
tim and leaves her degraded. the dominant idea at
( the time Will be that the offender shall be made
10 suffer Immediately aud that mis- removal from
the world 10y death viii alone he compensatory 20
his victim and Satisfactory 10 an outraged public
sentiment These the motives for taking the
law into their haDHs and for summarily and
perpetually removing the criminal from society.
and can conceive ~ no way of counteractinC
them by foNoe of legislation That must be accom-
plished by the force of public opinion and I'm
proved public sentiment
I should deprecate recurrence 10 primitive OF
barbarous forms of punishment Let the term of
Imprisonment he as long as the people shall decide
through their LEGISLATURE 20 he prnpurtioued 70
the offence bur do not et resort 10 practices
which are not in accord with enlightened ideas ~
government and which cannot be 10 he
rective of the evil II obedience 10 law and de-
regard for the reputation of the community
in which they live n love 81 their country and its
good name. n shame and fear ~ blame insult
ficient deterrent Influences upon people. pun
ishment imposed bY statute, however retributive
and severe. in my judgment. will prevent repe-
tition of these disgraceful occurrences
New York. Fen. II. 1901. j. G GRAY