Year: 1859

persons whom we respect have since en-
deavored to convince us that we were
wrong, urging that, in the case of Chi
nese thieves especially, there was no
legal punishment which could be infic-
ted that would have the desired effect of
lessening the number of small robberies.
The inefficiency of the law, even when
faithfully executed, it is contended af-
fords sufficient justification for this de-
testable fogging practice. 1t is assumed
that such severity deters thieves from
repeating their depredations, and that
this is the only method by which COM
munity can be protected. 1t is thought
that Imprisonment is enough punish
ment in the case Of white men, because
they are degraded in their own esteem
by it; but Chinese and Negroes have
no such fine feelings, and therefore
ought to be lashed on the bare back in
violation of law and humanity and thus
frightened into paths of virtue.


This is a sort of reasoning with which
we have no sympathy. We are opposed
to man fogging on principle, because it
is fundamentally wrong, debases those
who practise it, jeopards innocent persons
and the peace of community, shocks
humanity, outrages the laws-which are
based on justice if they do not invari-
ably afford it-and fails to accomplish
its object. On this score we make no
distinction between races. 1t is absurd
to contend that thief because he is
white deserves another kind of punish
ment than is awarded to thieves of any
other color; and it is equally absurd to
assert that any man who will steal can
be morally degraded by Imprisonment.
The point needs no argument. HUI
manity forbids all wanton cruelty, but
the exigencies of our anomalous social
condition sometimes seem to make it
necessary. 1t was formerly thought
necessary to hang men for stealing a six
pence, then for stealing horses. Yet it
was found that hanging did not put
stop to these crimes, and simple confne-
ment Of the criminal was substituted. or
transportation, as in England. There
is with certain unhealthy organizations,
a constant proclivity to crime which no
punishment can eradicate. There is in
nearly every community class of small
thieves who will always be such, in spite
of mob vengeance and repeated lash
ings. Flogging in then navy has been
abandoned as useless cruelty, and subse-
quent experience proves that there is no
increase of insubordination. Flogging
will not prevent stealing why
continue such shameful, inhuman
practice? It is continued because a
few low natures delight in it and are
supported in it from mistaken notions
of its efficiency by better people, who
would not themselves apply the lash any
more than they would rob or murder.
Extreme punishment for minor offenses
is universal characteristic of low order
of civilization. The Chinese are noted
for the cruel nature of their punish
ments; the Russians have been Infamous
for the knout, whose use they are grad
ually abandoning; and every inferior
people infict penalties whose barbarity
is revolving to nations enjoying higher
degree of civilization and more humane
laws. The practice of flogging in Cali
fornia, were it to become universal,
would argue low morality amongst
the masses, and would be certain to
produce it if not already in existence.
Better let the thieves run than degrade
ourselves by inhumanly beating them.
The continuance of these public fogg-
ings tends to keep alive that lawless
vigilance spirit which has run riot
long enough already to make our State
a byword and reproach. We love the
community in which it is our good for
tune to reside, and would like to see it
preserve the reputation for humanity
to which it is entitled by its many good
deeds. Let us drop this lynching here
after, and apply our energies, aud means
If necessary, to procure the legal con-
vlctlon and punishment of those who
violate the law


NEW ALMADEN MINE.-A cores.
pondent of the Standard estimates the