The Survey, Volume 30, Number 1, April 5, 1913Various
History
The Survey, Volume 30, Number 1, April 5, 1913
Various
Charities -- Periodicals; Social problems -- Periodicals; United States -- Social conditions -- Periodicals
The office of the Alcalde combined administrative and judicial functions
and, not seldom, even legislative ones. Colton was oppressed by his
power and its responsibility. "Such absolute disposal of questions
affecting property and personal liberty," he observes, "never ought to
be confided to one man. There is not a judge on any bench in England or
the United States whose power is so absolute as that of the Alcalde of
Monterey." But he brought to his work in all its details an unflagging
zeal and constant personal attention which made his administration
unique in the history of the time.
In minor matters, where, as he says, "the Alcalde is himself the law,"
Colton devised methods of appealing to the better instincts of the
wrongdoer. "There is a string in every man's breast," he writes, "which,
if you can rightly touch, will 'discourse music.'" Colton, we see from
his diary, put a sensitive finger on this string in many a heart.
His ideas of punishment belong to the present. "It is difficult," he
says, "to discriminate between offences which flow from moral hardihood
and those which result in a measure from untoward circumstances. There
is a wide difference between the two; and an Alcalde under the Mexican
law has a large scope in which to exercise his sense of moral justice.
Better to err a furlong with mercy than a fathom with cruelty. Unmerited
punishment never yet reformed its subject; to suppose it is a libel on
the human soul."
The following extracts from his account of cases brought before him are
representative:
"A lad of fourteen years was brought before me today charged with
stealing a horse. The evidence of the larceny was conclusive, but
what punishment to inflict was the question. We have no house of
correction, and to sentence him to the ball and chain on the public
works, among hardened culprits, was to cut off all hope of
amendment and inflict an indelible stigma on the youth; so I sent
for the father, who had no good reputation himself, and placing a
riata in his hand, directed him to inflict twenty-four lashes on
his thieving boy. He proceeded as far as twelve, when I stopped
him; they were enough. They seemed inflicted by one attempting to
atone in this form for his own transgressions. 'Inflict the rest,
Soto, on your own evil example; if you had been upright yourself,
you might expect truth and honesty in your boy. You are more
responsible than this lad for his crime; you can never chastise him
into the right path, and continue yourself to travel in the
wrong.'"
Public-domain text, read in full here on John Shaqi.
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