Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1901-08-09

Law Notes for August contains a
most interesting and instructive arti-
Gle on Corporal Punishment forl
Crime" delivered before the Kansas
Bar Association by T. III. Perkins.
For Delawareans it is especially sig
nidcant since it includes a reference
to our whipping post, and an opinion
by Chief Justice Lore.
In the opening paragraphs the writer
discusses the purposes OF punishment
and arrives ait the sane conclusion that
"the paramount issue is the good of
society, and not of a fraternity Of
rogues."
For many years the study of pencil
ogy with all of it's attendant problems
has engrossed the attention of philan-
thropists and sociOlOgists. but their
conclusions have been, greatly at yari-
ance though perhaps tending i'm the
main to more equitable results. The
ex talionis of the Mosaic law which
held its place in all systema OF punish
ment for so many centuries. has at last
| been displaced. AN eye for an eye,
and n tooth for a tooth. and whose
ever sheddeth mans blood, by man
shall his blood be shed" are regarded
as Illustrations of that doctrine of ven
geance which does not harmonic with
Christian teaching, nor promote the
public welfare.
A certain number of sentimental
| philanthropists have jumped to the
other extreme, their belief being that
the true purpose of punishment is the
reformation of the individual. Hence
as Mr.. Perkins says:
"There are just and human people
with a superficial smattering of socia
science, who wholly miss the mark II
their course towards criminals. The,
lavish compassion on the professional
: rogue. who enjoys the luxury while Sc
cretly hooking at their sympathy
l There is also a maudlin, sichy senti
ment, especially among women, tina
lionizes the criminal, whose weakes
point is often vanity. This misdirecte'
- philanthropy is pregnant with irrepar
able mischief
The reformation OF the criminal i
OF minor importance to the protection
n of society, but a form of punishment
s which would accomplish both ends
: would be ideal, and towards this en-
I our saner sOciologists are working.
Against supporting criminals in lux
q urious idleness, which seems to be IN
ideal of those who object to comm
v into competition with the product &
: their enforced industry, the writer
forcible and sound. He says:
4 John Smith, the tailor. while an ho1
: est man. supports himself by labo
% That robs every other tailor OF tn
chance to make the clothes that Smit
=, makes. When Smith becomes cor
yict can he do more work and hui
r more tailors than he could when ]
III was free? BY somebody's labor j
n must still be housed and clothed an
! fed. Shall it be his own, or that
Isl society which he has wronged? Sha
n his crime exempt him from bearing Il
T. burden which his labor ought to bea
Let us go a step further. Suppo
n the whole State consisted Of ten me
re all of equal skill and all dependent
10 their labor One becomes q thief al
p they are forced to lock him up. III
n same amount of work must still
ld done. Shall it be done by nine or te
nj Shall the nine honest men give OF the
I'd work to feed and warm the rogue?
matters not that in the real State t
Mt public foots the bills. The public fun
IN are raised by taxes, and taxes represe
II. the labor that we contribute 10
ND State. The economic law remains t
an same"
r. Following this, the author takes
the matter of corporal punishment a
his Introductory paragraph is wort
OF attention.
Eve who advocate the use OF G.
ali moral punishment as a safeguard
Or society offer no apology to misguic
in philanthropy. We defend the use
w the abuse, of corporal punishment; a
nm furthermore, be it known that amc
- those who support this view VIII
Iu' found some Of the most merciful'
10 name. benevolent, kind-hearted'
ota broad-minded of men, to whom
,rn would be impossible to impute v
on geance or retaliation, much less brul
m itv. philanthropists in the broad
sen and truest sense, whose sole desire
ot the betterment of mankind 1
MI school of jurists is keenely alive to
~ great world-mOvement OF REFORM
~ will be found encouraging CIV
80 method that appeals to the best