The Olden Time Series, Vol. 5: Some Strange and Curious Punishments: Gleanings Chiefly from Old Newspapers of Boston and Salem, MassachusettsBrooks, Henry M. (Henry Mason)
History
The Olden Time Series, Vol. 5: Some Strange and Curious Punishments: Gleanings Chiefly from Old Newspapers of Boston and Salem, Massachusetts
Brooks, Henry M. (Henry Mason)
New England -- Social life and customs; Punishment
Is this state of things brought about by the infliction of light
sentences, or is it caused by the increase among us of a bad foreign
element? We have heard many serious and humane persons express
themselves as in favor of a restoration of the whipping-post and
stocks, really supposing that these things would lessen crime. But is
it likely that the old methods of punishment would be considered by
criminals themselves as severer than the present? Let us see what some
of the last century rogues thought about the matter. At a session of
the Supreme Judicial Court held at Salem, Mass., in December, 1788,
one James Ray was sentenced, for stealing goods from the shop of
Captain John Hathorne (a relative of Nathaniel Hawthorne), to sit upon
the gallows with a rope about his neck for an hour, to be whipped with
thirty-nine stripes, and to be confined to hard labor on Castle Island
(Boston Harbor) for three years. "It is observable of this man," the
account continues, "that he has been lately released from a two years'
service at the Castle, that during the trial he was very merry and
impudent, and continued in the same humor while his sentence was
reading, holding up his head and looking boldly at the Court, till the
three years' confinement was mentioned; when his countenance changed,
his head dropped on his breast, and he fetched a deep groan,--an
instance of how much more dreadful the idea of labor is to such
villains than that of Corporal punishment."
At a session of the Court of Oyer and Terminer held at Norristown,
Pa., for the county of Montgomery, Oct. 11, 1786, we are furnished
with a case in point. "A bill was presented against Philip Hoosnagle
for burglary, who was convicted by the traverse Jury on the clearest
testimony. He was, after a very pathetick and instructing admonition
from the bench, sentenced to five years' hard labour, under the _new_
act of Assembly. It was with some difficulty that this reprobate
was prevailed upon to make the election of labour instead of the
halter, ... a convincing proof," the report says, "that the punishments
directed by the new law are more terrifying to idle vagabonds than all
the horrors of an ignominious death."
Probably there are many more cases on record where criminals preferred
death to imprisonment. Burglary and forgery were once punished by
death. We have all noticed on the old Continental currency these
words: "Death to counterfeit this."
Public-domain text, read in full here on John Shaqi.
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