Year: 1878

| tFor the Dispatch.l


The Late LyRching Affair I'm Rocking
ham


has elected SO much censure that think il


proper to ask n hearing for the other side


and that other side is simply this: thai


when the law-making power fails to pro


vide adequately for the punishment o


crime, and thereby for the protection OF So


ciety, society will protect itself; and think


it ought.


Take these classes, to illustrate what


mean: Rape, horse-stealing, and incendi


arism.


AS to the first: What man is there who


would not kill at once any one who should
so abuse any relation OF his own? And


where is the jury that for such killing will


bring in verdict OF murder? Why is il
so? Because the penalty for this most
dreadful crime is either not sufficient, or is
so difficult of proof, for obvioushess, that
the offender in large majority OF cases
escapes with his life, and often without any
punishment at all. Now. however much
| this may accord with law, it does not accord
with public opinion or with the sense OF
what is necessary to secure the virtue and
very often the lives OF our women. Not
only justice but safety requires swift, sure,
| and fatal punishmentin in such cases; and the
more irregular it is the more salutary, be-
cause The more gterrifying, it becomes.
knew a case Of rape, real or attempted, which
occurred in one OF the Piedmont counties
OF Virginia about ten years ago. The ray.
isher was caught-an elder in the Prcsbyte-
rian Church, and very excellent man,
leading in the detection and arrest. The
| relatives OF the injured female took the cul-
prit in charge and shot or hung him. From
that day to the present the weakest woman
in that neishborhood can 60 from home by
herself with as much safety rs il she had the
escort OF lion, though none Of them will
risk it voluntarily. The physicians in that
case declared that the act had not been &C
complished, but only attempted. If even
this could have been proved by dragging
the woman to court, the penitentiary-and
not the gallows-would have been the SEN
tence Of the convict. And what punish
ment is that to negro? Look at the Capt.
tol Square and learn.


AS to the second: The difficulty OF pre-
venting that sort Of theft is so great in certain
cases, and detection and arrest are attended
with so much danger from the resistance OF
the desperadoes, that punishment proper
toned to the danger in which they place the
lives of those who would capture them is
necessary to prevent the crime; and eXpe-
rience has taught that the risk OF term iii
the penitentiary has not that effect. But
hanging has. In another part OF the country
l have lust referred to, about ten years ago,
at or near the foot OF the Blue Ridge, where
the topography was favorable to such Of
fences, horse-stealing became almost cpl
demic. The people at last caught two OF
the gang and hung them, and broke up the
stealing completely. The same thing with,
I am informed, the same result, occurred
some years ago in Augusta, when man
was taken by night from the jail in Staun-
ton and hung about four miles from that
very respectable town.


In the case OF incendiarism the law is
ridiculousIy imperative because the penal
ties in such cases are ridiculously small.
Great as is this crime there is sonly one case
in which death is its penalty: that is when
a dwellingin which people are asleep is fired
in the night. All other acts of incendiarism
are punishable By confinement in the neni-
tentlary, which in most cases, and in all
negro cases, is as foolish as to say that If
you catch hare that has eaten your turnips
YOU will punish the animal by throwing it
into brier-patch.


Now, happen 10 know that in one class
OF these cases relief in the shape OF severer
penalty has hcen referred to the people.
The Senate OF Virginia three years ago
passed bill enlargng the penalty OF death
at the option of the jury in some other and
less heinouS cases Of fire; and that bill was
unanimously thrown out by the House COM
mittee, on the ground, avowed by the chair
man Of that committee, that he would in no
case impose the death penalty, except where
death was the consequence OF the crime
thus prescribed; whilst another member
said we had more laws now than we exc
cuted. ;,


If these views OF these gentlemen-both
excellent men-are to prevail in the Legis-
laturc, be it so. But they do not prevail
among the people, and therefore it should
not excite surprise il, finding the Lcgisla-
ture unwilling to protect them, they choose
to protect themselves. repeat, they are
right to do it. 1t is all very we'll for'gentle-
men OF the press, whose wives and daugh-
ters are guarded by policed city; whose
homes are assured by all the appliances OF
vigilance and prompt concentrated effort,
or whose pleasure-horse can be recor-
cred by swift detective officer; 1t IS
we'll enough for such people to denounce
the ferocity OF Lynch law, and to declare it
a descent from Il higher plane OF clViliza-
ton, but to Il man isolated in the country,
WHO NdhCS up III GtlS LlOl " uht eh.tO
his plough must stop because his horse has
been stolen, or who is aroused from slum-
Der, as some men have been more than once
at the dead hour of night by the awful cry
OF fire, to witness the helpless ruin in which
an incendiary has involved them, the work
of years, it may be, or Of lifetime, re-
duced to ashes in an hour; and still more
to the man who, when his wife or daughter
gets out OF sight Of his house, listens for
her shrek. To man thus environed with
peri!s I venture to suggest the case is some
what different. Such an one will very like
" agree that in the rearrangemcnt or re-
construction OF our society we have de-
scended-been made to descend by sort Of
forcible readiustment-to lower plane OF
civilization but he WILL contend that the
way to elevate society again is to make men
secure in the enjoyment OF their dearest
and primitive rights. lQad until that is
done he will protect himself because he
must. and in doing it, and thereby setting
an example to his felloW-citizens and TEL
low.sufferers, he will have earned their
thanks.


Editors Dispatch: The sermon of Rev.
John Jasper, in regard to the txedness OF
the earth, &C., recalls to mind an incident OF
the Younger days Of your present writer.
He (your ssid writeD was teaching a coun.
try school IN then most inaccessible noun
<o;n nountysx, ~ rY,ry 1tnS6 of6 I1n6tyiHad