All wrongs right themselves by "inhumanity," if permitted to go far
enough. You are told by good authority, and you know without telling,
that if you find a burglar in your house at night, you perform a public
duty by shooting him dead rather than see him escape. From the
humanitarian point of view, this is certainly more dreadful than it
would have been to stop, by flogging, any minor offences that led him
into your house. Indeed, if the penalty for the burglary itself were a
"barbarous" laceration of his back, it would doubtless have more effect
in keeping him from the burglary and from a bloody death, than does the
risk of imprisonment. We must not whip him in obedience to the law, but
we may safely shoot him dead without regard to it. It is our tenderness
that becomes "inhuman" if it be not wisely bestowed. Would it be quite
in keeping with the pretensions of "advanced" civilization to see the
matrons and maids of the rural neighborhoods going about their dairies
and summer kitchens with revolvers in their belts, and bowie-knives in
their bosoms? That is the spectacle the "tramp" nuisance promises to
produce. Would the whipping-post, set up in the slums of the great
cities, where the miscreants among the tramps breed and form their
characters, look any more like barbarism? The voluntary tramp has but
shown the countryman during the summer what the city suffers during the
winter. He is simply trying to distribute and equalize himself, and
while enjoying his country air, collects the same taxes he collects all
the rest of the year in town. Let the city continue to rear him
tenderly, and not hurt his precious carcass, and feed and warm him, and
punish only his sensitive spirit, until the country people get down
their shot-guns and make a barbarous end of him. And this is being true
to the cause of humanity.
It is noble for the law to withhold its hand when one who has taken a
wrong step can be won back to a good life by other means; and if the
wretches hopelessly saturated with vice can be intimidated by anything
milder than flogging, by all means be mild; but when we find one who
cannot, why not acknowledge the fact and act on it?
The reason why we do not so act is only a sentimental one. A sentimental
reason, however, may be a very good one. Society feels that it is better
to suffer, and to see its laws become a mockery to this degree, than to
shock its own best instincts. This sentiment that obstructs absolute
vindication of the law is respectable so long as it can be respected
with tolerable safety and public satisfaction. But it interferes with
justice by courtesy, and not by right. It is all very well so long as
society does not complain. But if its mouthpieces are to be believed,
society does complain. The public is not satisfied with the present
punishment of certain offenders--indicated with sufficient accuracy by
the tough old Langheimer and the English window-breaker--and is restive
under the pecuniary burden they impose.
Public-domain text, read in full here on John Shaqi.
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