Of course flogging is not a panacea; but it is for those who profit by
nothing gentler; and the more enlightened society becomes the more
certainly can these be identified. The generous feeling that has
discontinued it would not cease to be a guarantee against its abuse. Our
courts cannot depart far from public sentiment. We can trust judges and
juries to determine who deserves castigation just as safely as to
determine who deserves imprisonment or death. Most of the censure they
now receive in their treatment of the hopelessly depraved is for their
lenity and not their rigor. There is no offender would not dread and
wish to avoid whipping. Certainly no one would offend for the purpose of
receiving it; and it would probably discourage a man in less than ten
years from breaking the same window. It would be inexpensive, and would
have the merit of being short and sharp, if not decisive. Punishment,
intimidation, is what is here considered, and the point is whether it
shall be administered to all who deserve it, or whether the law society
finds necessary for its protection shall be a falsehood, at war with
itself--a sham. The law cannot shrink from anything that is necessary to
its purpose without impeaching its purpose.
And is it more inhuman to hurt the back of one who cannot be made to
feel anything else than it is to pain the heart and hurt the soul of one
who can? How can Christians so exalt the flesh above the spirit? They
did not do it in the primitive days of the faith. Is it more barbarous
to scourge the body than to gall it with irons, or poison and debilitate
it by confinement, or wear it out by inches at hard labor? We have not
abolished corporeal punishment--only rejected a form of it which is
frequently more merciful, if more dreaded, than some that are retained.
Public-domain text, read in full here on John Shaqi.
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