The fact that it was once used and then abandoned does not settle the case. It was erected for those who could have been otherwise dealt with, and for those who deserved no punishment at all. It was not reserved for only those deserving punishment, on whom our more refined penalties had been tried and had failed. It is not a fair trial of it to put it into the hands of a drunken or passionate ship's captain; or the hands of a religious bigot; or the hands of a slave-driver; or the hands of a tyrant or autocrat of any kind; or the hands of an incompetent judge; or the hands of any judge in a ruder age than this. If an ignorant or brutal use of it in the past condemns an enlightened use of it now, we should abandon life-taking and imprisonment, for these have been even more abused. We have no fear that the death penalty will be misused hereafter because men have been hung for petty larceny heretofore. When the lash is wielded by a barbarous hand, as it generally has been, of course we abhor it. But how about it when the hand of Christ wields it in the temple? Although the incarnation of charity made him a scourge for those who needed it, yet we cannot follow His example because Torquemadas have made scourges for those who did not need them. Such is the logic of those who would cite the past in this matter. The truth is, the lash was abandoned in the humane belief that criminals could be punished without it; and the truth also is, some criminals are now proving that they cannot be punished without it. Go over the subject as we may, we come back to the question, Is the lash or something equally unrefined necessary to accomplish all the law now attempts? It must be looked at in the cold light of certain very sad facts, as well as in the warm blaze of "chromo" civilization. If we are not yet compelled to answer it in the affirmative, there is so much evidence pointing toward such an answer, that it is well to consider very respectfully indeed whatever can be said on the unpopular side. It need not frighten those who accept the idea so tersely presented by the Hare Brothers--of which one is strongly reminded by Mr. Greg in the "Enigmas of Life," although perhaps he does not expressly state it--that the tendency of civilization is to barbarism.