AS A PUNISHMENT.
We shall not discuss the question, as to how far whipping is objectionable altogether as a punishment. Most men who have been accustomed to see that punishment inflicted in the army and navy, approve of it. The experience of such men is urged as the best authority; but we are sorry to say; that experience of another kind has taught impartial and profound thinking men, that the members of every profession, are very sorry judges of the faults of their respective professions. Whoever heard of Judges recommending leniency in the law ?+ or of Bishops recommending leniency in Church discipline, or decrease of tythes and Easter offerings ? neither are we to look for leniancy in military men. Sir H Vivian and other sticklers for flogging in the army, all vindicated the flogging as it took place fifty years ago, when for one lash which is given in the navy and army now, five or ten were given in the last century.
But there is a great difference in honour and sentiment, between sailors and soldiers on the one hand, and men transported for all sorts of crimes on the other. Hence it by no means follows, that because an army may be brought to a high degree of professional pride, so as to consider death preferable to the degradation of the scourge, therefore transports are possessed of the same high feelings, and require the same superior treatment. The stupid ass will take a beating much more patiently than the high mettled racer.
On the other hand, we do not consider it a safe conclusion, that because whipping is retained in the army in a measure, therefore it is necessary to the due subordination of a prison population like that which exists in New South Wales. We shall not in fact go into the question whether whipping might, by means of the tread-mill, and solitary confinement, and other irksome punishments, be superseded. What we undertake to do now is, to give an account of a whipping which we saw inflicted in Hyde-park Barracks last week, and to make some comment on that punishment; and the nature of whipping generally.
We expected the punishment would take place in the yard of the Barracks, in the open air; but it being a cold day, it took place in a room at the east end of the southern range of offices. On being ushered into the room, we saw a table, on one end of which was a small bed rolled up in the shape of a bolster. The culprit was brought in. The Superintendant of the Barracks (Mr. Slade) was in attendance; and also his assistant, with the wardsmen. Mr. Slade directed a person present, who we suppose was a Barrack clerk, to read the warrant. This being done, the culprit was ordered to strip, which he did very obediently, and advanced to the end of the table. He leaned forward over the table, by, which his breast came to rest on the bed rolled-up as before-mentioned. He extended his arms and two men made them fast with cords, one to each side of the middle of the table. The same men then tied his legs to the legs of the table but owing to the end of the top of the table projecting beyond the legs of the table as is common with tables of that form or make, the legs of the culprit we observed could not be brought in sufficiently close contact with the legs of the table, so that in the writhing of the culprit during the execution, one of his legs got loose. A table should be made of a pattern precisely adapted to the purpose.
The culprit being now completely tied hands and feet so as to give the executioner fair room, and a clear view, the latter commenced his painful duty.
The executioner was a tall, muscular man. He took his position, measuring the distance with great care, which is a principal point with him. He then stepped out one leg, stretched forth his right arm, and throwing the lashes around his head with a degree of manly grace, worthy of a less horrible occasion, he brought the fatal tails to a certain point in the dread convolution, and then raising himself on the great toe of the left foot, he struck the ends of the tails of the scourge with such prodigious force on the left shoulder blade the the culprit, that we looked for blood to spurt out instanter. To our surprise, there appeared only half-a-dozen red streaks, and no indication of blood. The culprit now turned his head, and said to the flogger in a very subdued tone, " on the other side, if you please." The fact was that the man had been flogged two or three weeks before, and in one part of the left shoulder, the old wound had not quite healed, and he was desirous to be flogged on the right shoulder instead of the left.
The scourger repeated the blow will the same tremendous force, which made us shrink again, and again to expect fatal consequences. It seemed actually like cutting the man in two. We were again surprised to see only a few red streaks make their appearance in addition to those produced by the first blow. We did not perceive the culprit lose his breath, but we are told, that some men cannot call out the first three or four lashes, in consequence of their lungs being prevented from playing for a few seconds; an effect we do not wonder at, for we lost half our breath ourselves, on witnessing the first blow, and we feel persuaded, had we been in the culprit's situation, we should have quite lost the other half.
A feeling came over our minds, that the scourger would surely not be firm enough to keep on with such prodigious force as he commenced with. But he never abated the weight of a grain during the whole of the execution. Between each blow, seven seconds were counted; which appeared to give all parties breath, both scourger, and culprit, and spectators; for we do believe, that novices in looking on, suffer part of what the culprit does, from mere sympathy.
At the third blow the man began to writhe, at the fourth to groan, at the fifth and successive blows, to cry out, as one enduring great agony. When the culprits cry out in this way, it makes the spectators look very white, and feel very qualmish, until they get used to it ; but we observed, that the men who tied the prisoners, having nothing to do, seemed to feel a good deal with him. They looked very queer. The executioner himself seemed too deeply engaged, to think of any thing but his arduous and laborious duty, for nothing could exceed the dreadful vigour and Herculean grace, with which he wielded the burning weapon, which fell like molten lead, for pain and weight, on the back of the screeching prisoner. At length to our great relief the words twenty five were pronounced, and one more blow put an end to the cries of the sufferer, and he was untied. The right shoulder was not touched. The left was covered with a patch of deep purple, as though it had been dyed with mulberries. The old wound bled, and this gave the execution a revolting appearance. At Moreton Bay, the prisoners used to be flogged until the skin was all off both shoulders, and then a sort of red bladder would rise, into which the tails fell at every stroke. The sight of such severe scourging, must have been very awful. When the blood does not flow, you are more struck with the force of the blows, than with any other circumstance. There is a great difference, we were told, between the flesh of one man and of an other. The skin of some breaks after one dozen lashes, and then the brood flows freely. Other men bleed little or none after a hundred lashes. It is calculated, by Mr Slade, who has often witnessed military executions, that every lash given with the present scourge at the Hyde-park barracks, is equal in severity to four given in the army. But none but a very strong and expert scourger could make it equal to four. The executioner drew his hand, secundum artem, at every blow, which caused the tails to cut, with out diminishing the force with which they were laid on. We feel persuaded that a novice could not have given the blows with more than half the severity, with which our executioner administered them.
We remember witnessing an execution at the gaol sometime ago. The tails were as long again as those of the whip used at the barrack. The scourger delivered his blows with a moderate swing of his arm, but in consequence of the great length of the tails and of knots being in them, and the cords being of a harder twist than those of the Hyde park barrack whip, the effect was nearly as sever. We noticed, too, that whenever the knots fell on the man in the gaol the skin came off at every, knot. The Hyde-park barrack whips are of a softer twist and the three knots in each tail are slight, being made with one strand only; hence, by an unskilful scourger, twenty-five, lashes with the present scourge, at the Hyde park barrack,would not be more severe that a scourging at the Blue-coat school of an old offender. What strikes the beholder in the present mode of scourging at the Hyde-park barrack is, the prodigious force with which the blows are laid on. They sound perfectly terrific, and you look or the swooning of the culprit under each of them; until, by mere repetition, you are, at length convinced, that he is strong enough to sustain them by the score. It occurs to you, how strange at is to see one fellow creature, nowise inferior, perhaps, in mind, or in personal endowments to his fellows compelled to submit to such extraordinary pain and degradation; and, yet, that such doings are absolutely necessary, to prevent one class of men maltreating their peaceable and unoffending neighbours; and that the culprit, whose cries for mercy are now so heart-rending, would, if not thus chastised, be soon encouraged to pillage, ravish, and destroy, all who did not submit to his will.
We should think, that a man with an internal disease, especially an organic-disease might die under the weight of above three or four dozen blows; and therefore,that as death would bring great discredit on the Government, a surgeon should attend whenever the sentence exceeds twenty five lashes. A man may be a hardened pick-pocket, and yet not able to endure such weighty blows as we saw administered.
Fifty lashes being equal to two hundred in the army, we pronounce the mode of flogging in the army much the severer of the two; not four times perhaps, but certainly above twice; for it is the number of lashes which torments. Fifty large portions of torture, can never be equal to two hundred smaller portions. Thin whipcord, which acts and tortures with out bruising, must be nearly as painful as stripes inflicted by a thick cord, such as are used in the navy. Therefore the army punishment is preferable to that of the navy. A smaller number of lashes will answer the same end, without damaging a man's back, which is an evil to be mitigated as much as possible.
We should therefore recommend the same sort of whip, and the same number of lashes to be used in this Colony, as is used in the army, as damaging the back less than the heavy scourge used in the navy. The present Hyde Park scourge is, in point of weight, between the army scourge and the navy one. For it is not right in inflicting any punishment, whether that of solitary confinement, or of tread-mill, or of scourging, to injure a man's health, or decrease his bodily vigour. Because such an effect can be avoided and yet the culprit may be put to an equal degree of torture. The end of all punishment, legitimately considered, is torture; and not the injuring muscular vigour or general health. The latter is the Russian and Chinese practice, and is to be reprobated by all civilized nations. Never let us lose sight of the ends of punishment. Those ends are benignant. And hence they require that as little damage be done to the body or mind of the culprit, as is possible, consistently with his due chastisement, and a due example and warning to other evil doers.
On the principles we have laid down the half of every sentence above twenty five lashes, should be delivered on the right shoulder. One hundred blows, such as we heard and saw fall on the left shoulder-blade of the culprit in the Hyde park Barrack, would greatly damage the flesh of tender-skinned men, if all delivered on the left shoulder.
We compared the Hyde Park Barrack whip with one which had been used in a man-o'-war. The latter was two-thirds thicker in the cord, and we should think, neatly as heavy again. It was also three inches longer both in the handle and tails. On the whole it was a much more formidable instrument, save, that the tails had no knots in them. But some cats used in the navy have knots. Such knotted cats would be twice as severe as the present Hyde Park Barrack cat, and the blows from such cats must deprive the culprit of his breath on the first application. Logan's cat, at Moreton Bay, was of awful weight and the men often hung their heads, either for loss of breath, or in fainting fits, while he and his officers, surgeon and all, looked on and cracked their jokes. Some died afterwards in the hospital. But it is said, they never died of the flogging, according to the book. We rejoice that Logan himself was afterwards cut in pieces, either by the blacks or whites. He died just as such a man ought to die. The Psalmist devotes cruel men to destruction, and rejoices over them when destroyed, and, it is lawful for us in the present day, to do the same. Retributive justice yields a solemn delight to all men who love justice, and indulge not in a false pity. A David, King of Israel, was as tender-hearted a man as ever breathed, but he knew how to cut off Goliath's head when it wanted cutting off. "A God all mercy is a God unjust," says Pope; and a man all mercy is an unjust despicable man. Our Saviour himself, was inexorable towards the tyrants and hypocrites of his day, and threatened them with the most terrible woes, although he knew, that for such his denunciations and exposure, they would very soon catch him up, and put him to an ignominious death.
In our opinion, as the office of scourger is painful, yet one of importance, it ought to be made honourable. Good pay, and a certain rank should be given to every scourger, and none but free men allowed to hold the office. There is no more real disgrace in fulfilling the sentence of the law, than in dissecting a dead body, or cutting off the leg of a living person.
In such a Colony as this, the punishment of scourging is one of the most solemn importance. We offer the following as the result of a good deal of thinking on the subject, and of some experience in this Colony to assigned servants.
1st. That the legitimate end of scourging is the administering the greatest quantity of torture, with the least damage to bodily health and vigour.
2nd. That therefore, a man-o'-war's cat is an improper instrument, notwithstanding that custom has rendered it less odious in the eyes of naval men than in the eyes of others; because it bruises a man's flesh, takes away his breath, is not without danger when used on a man of weak constitution, while the torture it inflicts is not greater than the same number of lashes administered with whip-cord, in lieu of thick cord or log-line.
3rd. That the army cat, on these grounds, is the best instrument.
4th. That the cat at present used at Hyde Park barrack is inefficient in a sentence of only 25 lashes, when applied by an unskilful scourger; and, that; in order to be efficient; it ought to be 12 inches larger in the tails by which it need not to be laid on with such prodigious force, and such great skill as we saw it administered in the said barrack.
5th. That Captain Logan's scourge at Moreton Bay, and certain scourges we have seen up the country, which were knotted and also tied at the ends with waxed thread, and the ends afterwards dipped in pitch, were all improper instruments, making holes in the flesh, and affecting men's health and bodily vigour unnecessarily, cruelly, and contrary to law.
6th. That the blows being administered at quarter minute time, renders a light whip more efficient, by increasing the torture, without additional injury to the back, and should therefore be practised by all scourgers.
7th. That the cats used up the country, being lighter than the ones at present used in the Hyde-park Barracks, and wielded by unskilful floggers, who were not made to do their duty, but left to their own discretion in punishing their fellow-prisoners, must, up to the amount at least of forty lashes, have been a complete farce and excited the derision of all bold and able bodied culprits.
A modern author has undertaken to vindicate scourging, as being more effectual, and less calculated to raise vindictive feelings and not more degrading than the divers substitutes for it invented in modern times. But he guards his subject by one condition. He insists, that the punishment be inflicted with every mark of solemnity, and even pomp.
We agree with him in this respect. And we think that, not only should the proper officers all be in attendance, and the ceremony performed with solemnity; but they scourger ought himself to be a free man, have the rank of a government-officer be a person of good character, and be well rewarded, by which alone, respectable men will take so disagreeable an office. The practice of flogging prisoners in New South Wales; without any ceremony at all, and especially, turning them over to a brother convict, as hath always been the practice in the badly regulated police of this Colony, is degrading to the laws, violates the popular sympathy, and is disgusting to human nature.
In our next, we shall lay before our readers, the opinion of Cap. Basil Hall on the military punishment of scourging, as compared with proposed modern substitutes. They are original in some respects, and carry a deal of conviction with them. He insists, that scourging is neither the severest nor the most degrading punishment, though the smartest while it lasts;but if inflicted with solemnity, in the presence of the officers, is liable to the least objection by the statesman and philanthropist, so long as punishment is not to be done away with altogether.
A fat man suffers more than others. The blows cut the flesh of such men more, and the skin of a fleshy man is generally thin. There is, in short, wonderful difference between some men and others. Men of sensitiveness and fine feeling, suffer so much, that fifty lashes, as administered in the Barrack, cause them to stagger about after being released. If such a man want courage, he suffers more than a brave man with less feeling, would, with a hundred. A Police Magistrate to make a judicious distinction in this respect, but our unpaid half-informed magistrates can not be expected to discriminate. Hence in the former case (that of the sensitive man), if the sentence be heavy, the country Justice is likely to get a bad name . A man who bears himself insolently before the Bench, is likely to take punishment badly ; his insolence is often the effect of great sensitiveness, coupled with courage.
At the Hyde-park Barrack, Mr. Slade enters notes in a book, of the effects on the culprit, of every execution. The following is a copy of the notes he took of the whipping of Mr. Robert Cooper's two men, whose case was noticed in the Sydney Gazette.
"Thomas Holdsworth. Pilfering from his master. At the first lash, the prisoner uttered piercing screams, which were continued at each succeeding lash, and he appeared to suffer greatly. The fifth lash brought blood, and the flesh was considerably lacerated at the conclusion of the punishment. The man said he was never flogged before. There appeared no marks on his back of former punishment. I am of opinion, he was sufficiently punished at the twenty fifth lash for his strength was nearly exhausted, as manifested by his staggering gait when let loose.
Joseph Kenworthy. Accessory to pilfering from his master. The first lash elicited loud cries from the prisoner. At the eighteenth lash, the blood appeared. At the twenty fifth, the blood was trickling , & at the thirty-second lash, it flowed down his back. The bleeding continue to the end of the punishment. I am of opinion, he would have been sufficiently punished at the twenty fifth lash. The man said he was never flogged before; his back exhibited no signs of former punishment. He was very fat, with a thin skin. The suffering of the prisoner was evinced by his unnerved state when let loose."
(Signed) E. A. SLADE.
Those gentlemen who in former times ordered a shepherd five hundred lashes, because he told his master, "that he was foolish in not giving him a better mess, seeing that he could easily repay him in lambing time," will not be satisfied with such punishments as the above. Nothing short of the treatment which negro slaves endure, will satisfy such men. They consider the prisoners their property, sent out to make their fortunes; and not enduring transportation as a punishment of itself, suitable to their offences committed at home. Let them shew Acts of Parliament for 500 lashes ; or even for 100? Acts of Council must not go too far in defiance of the law of England.
+ Kenyon, Ellenborough, &c., &c. were all against Romilly and Fowell Buxton, &c., &c., in their projects for rendering the laws more lenient,—ED.
The Sydney Monitor 28 September 1833,
But there is a great difference in honour and sentiment, between sailors and soldiers on the one hand, and men transported for all sorts of crimes on the other. Hence it by no means follows, that because an army may be brought to a high degree of professional pride, so as to consider death preferable to the degradation of the scourge, therefore transports are possessed of the same high feelings, and require the same superior treatment. The stupid ass will take a beating much more patiently than the high mettled racer.
On the other hand, we do not consider it a safe conclusion, that because whipping is retained in the army in a measure, therefore it is necessary to the due subordination of a prison population like that which exists in New South Wales. We shall not in fact go into the question whether whipping might, by means of the tread-mill, and solitary confinement, and other irksome punishments, be superseded. What we undertake to do now is, to give an account of a whipping which we saw inflicted in Hyde-park Barracks last week, and to make some comment on that punishment; and the nature of whipping generally.
We expected the punishment would take place in the yard of the Barracks, in the open air; but it being a cold day, it took place in a room at the east end of the southern range of offices. On being ushered into the room, we saw a table, on one end of which was a small bed rolled up in the shape of a bolster. The culprit was brought in. The Superintendant of the Barracks (Mr. Slade) was in attendance; and also his assistant, with the wardsmen. Mr. Slade directed a person present, who we suppose was a Barrack clerk, to read the warrant. This being done, the culprit was ordered to strip, which he did very obediently, and advanced to the end of the table. He leaned forward over the table, by, which his breast came to rest on the bed rolled-up as before-mentioned. He extended his arms and two men made them fast with cords, one to each side of the middle of the table. The same men then tied his legs to the legs of the table but owing to the end of the top of the table projecting beyond the legs of the table as is common with tables of that form or make, the legs of the culprit we observed could not be brought in sufficiently close contact with the legs of the table, so that in the writhing of the culprit during the execution, one of his legs got loose. A table should be made of a pattern precisely adapted to the purpose.
The culprit being now completely tied hands and feet so as to give the executioner fair room, and a clear view, the latter commenced his painful duty.
The executioner was a tall, muscular man. He took his position, measuring the distance with great care, which is a principal point with him. He then stepped out one leg, stretched forth his right arm, and throwing the lashes around his head with a degree of manly grace, worthy of a less horrible occasion, he brought the fatal tails to a certain point in the dread convolution, and then raising himself on the great toe of the left foot, he struck the ends of the tails of the scourge with such prodigious force on the left shoulder blade the the culprit, that we looked for blood to spurt out instanter. To our surprise, there appeared only half-a-dozen red streaks, and no indication of blood. The culprit now turned his head, and said to the flogger in a very subdued tone, " on the other side, if you please." The fact was that the man had been flogged two or three weeks before, and in one part of the left shoulder, the old wound had not quite healed, and he was desirous to be flogged on the right shoulder instead of the left.
The scourger repeated the blow will the same tremendous force, which made us shrink again, and again to expect fatal consequences. It seemed actually like cutting the man in two. We were again surprised to see only a few red streaks make their appearance in addition to those produced by the first blow. We did not perceive the culprit lose his breath, but we are told, that some men cannot call out the first three or four lashes, in consequence of their lungs being prevented from playing for a few seconds; an effect we do not wonder at, for we lost half our breath ourselves, on witnessing the first blow, and we feel persuaded, had we been in the culprit's situation, we should have quite lost the other half.
A feeling came over our minds, that the scourger would surely not be firm enough to keep on with such prodigious force as he commenced with. But he never abated the weight of a grain during the whole of the execution. Between each blow, seven seconds were counted; which appeared to give all parties breath, both scourger, and culprit, and spectators; for we do believe, that novices in looking on, suffer part of what the culprit does, from mere sympathy.
At the third blow the man began to writhe, at the fourth to groan, at the fifth and successive blows, to cry out, as one enduring great agony. When the culprits cry out in this way, it makes the spectators look very white, and feel very qualmish, until they get used to it ; but we observed, that the men who tied the prisoners, having nothing to do, seemed to feel a good deal with him. They looked very queer. The executioner himself seemed too deeply engaged, to think of any thing but his arduous and laborious duty, for nothing could exceed the dreadful vigour and Herculean grace, with which he wielded the burning weapon, which fell like molten lead, for pain and weight, on the back of the screeching prisoner. At length to our great relief the words twenty five were pronounced, and one more blow put an end to the cries of the sufferer, and he was untied. The right shoulder was not touched. The left was covered with a patch of deep purple, as though it had been dyed with mulberries. The old wound bled, and this gave the execution a revolting appearance. At Moreton Bay, the prisoners used to be flogged until the skin was all off both shoulders, and then a sort of red bladder would rise, into which the tails fell at every stroke. The sight of such severe scourging, must have been very awful. When the blood does not flow, you are more struck with the force of the blows, than with any other circumstance. There is a great difference, we were told, between the flesh of one man and of an other. The skin of some breaks after one dozen lashes, and then the brood flows freely. Other men bleed little or none after a hundred lashes. It is calculated, by Mr Slade, who has often witnessed military executions, that every lash given with the present scourge at the Hyde-park barracks, is equal in severity to four given in the army. But none but a very strong and expert scourger could make it equal to four. The executioner drew his hand, secundum artem, at every blow, which caused the tails to cut, with out diminishing the force with which they were laid on. We feel persuaded that a novice could not have given the blows with more than half the severity, with which our executioner administered them.
We remember witnessing an execution at the gaol sometime ago. The tails were as long again as those of the whip used at the barrack. The scourger delivered his blows with a moderate swing of his arm, but in consequence of the great length of the tails and of knots being in them, and the cords being of a harder twist than those of the Hyde park barrack whip, the effect was nearly as sever. We noticed, too, that whenever the knots fell on the man in the gaol the skin came off at every, knot. The Hyde-park barrack whips are of a softer twist and the three knots in each tail are slight, being made with one strand only; hence, by an unskilful scourger, twenty-five, lashes with the present scourge, at the Hyde park barrack,would not be more severe that a scourging at the Blue-coat school of an old offender. What strikes the beholder in the present mode of scourging at the Hyde-park barrack is, the prodigious force with which the blows are laid on. They sound perfectly terrific, and you look or the swooning of the culprit under each of them; until, by mere repetition, you are, at length convinced, that he is strong enough to sustain them by the score. It occurs to you, how strange at is to see one fellow creature, nowise inferior, perhaps, in mind, or in personal endowments to his fellows compelled to submit to such extraordinary pain and degradation; and, yet, that such doings are absolutely necessary, to prevent one class of men maltreating their peaceable and unoffending neighbours; and that the culprit, whose cries for mercy are now so heart-rending, would, if not thus chastised, be soon encouraged to pillage, ravish, and destroy, all who did not submit to his will.
We should think, that a man with an internal disease, especially an organic-disease might die under the weight of above three or four dozen blows; and therefore,that as death would bring great discredit on the Government, a surgeon should attend whenever the sentence exceeds twenty five lashes. A man may be a hardened pick-pocket, and yet not able to endure such weighty blows as we saw administered.
Fifty lashes being equal to two hundred in the army, we pronounce the mode of flogging in the army much the severer of the two; not four times perhaps, but certainly above twice; for it is the number of lashes which torments. Fifty large portions of torture, can never be equal to two hundred smaller portions. Thin whipcord, which acts and tortures with out bruising, must be nearly as painful as stripes inflicted by a thick cord, such as are used in the navy. Therefore the army punishment is preferable to that of the navy. A smaller number of lashes will answer the same end, without damaging a man's back, which is an evil to be mitigated as much as possible.
We should therefore recommend the same sort of whip, and the same number of lashes to be used in this Colony, as is used in the army, as damaging the back less than the heavy scourge used in the navy. The present Hyde Park scourge is, in point of weight, between the army scourge and the navy one. For it is not right in inflicting any punishment, whether that of solitary confinement, or of tread-mill, or of scourging, to injure a man's health, or decrease his bodily vigour. Because such an effect can be avoided and yet the culprit may be put to an equal degree of torture. The end of all punishment, legitimately considered, is torture; and not the injuring muscular vigour or general health. The latter is the Russian and Chinese practice, and is to be reprobated by all civilized nations. Never let us lose sight of the ends of punishment. Those ends are benignant. And hence they require that as little damage be done to the body or mind of the culprit, as is possible, consistently with his due chastisement, and a due example and warning to other evil doers.
On the principles we have laid down the half of every sentence above twenty five lashes, should be delivered on the right shoulder. One hundred blows, such as we heard and saw fall on the left shoulder-blade of the culprit in the Hyde park Barrack, would greatly damage the flesh of tender-skinned men, if all delivered on the left shoulder.
We compared the Hyde Park Barrack whip with one which had been used in a man-o'-war. The latter was two-thirds thicker in the cord, and we should think, neatly as heavy again. It was also three inches longer both in the handle and tails. On the whole it was a much more formidable instrument, save, that the tails had no knots in them. But some cats used in the navy have knots. Such knotted cats would be twice as severe as the present Hyde Park Barrack cat, and the blows from such cats must deprive the culprit of his breath on the first application. Logan's cat, at Moreton Bay, was of awful weight and the men often hung their heads, either for loss of breath, or in fainting fits, while he and his officers, surgeon and all, looked on and cracked their jokes. Some died afterwards in the hospital. But it is said, they never died of the flogging, according to the book. We rejoice that Logan himself was afterwards cut in pieces, either by the blacks or whites. He died just as such a man ought to die. The Psalmist devotes cruel men to destruction, and rejoices over them when destroyed, and, it is lawful for us in the present day, to do the same. Retributive justice yields a solemn delight to all men who love justice, and indulge not in a false pity. A David, King of Israel, was as tender-hearted a man as ever breathed, but he knew how to cut off Goliath's head when it wanted cutting off. "A God all mercy is a God unjust," says Pope; and a man all mercy is an unjust despicable man. Our Saviour himself, was inexorable towards the tyrants and hypocrites of his day, and threatened them with the most terrible woes, although he knew, that for such his denunciations and exposure, they would very soon catch him up, and put him to an ignominious death.
In our opinion, as the office of scourger is painful, yet one of importance, it ought to be made honourable. Good pay, and a certain rank should be given to every scourger, and none but free men allowed to hold the office. There is no more real disgrace in fulfilling the sentence of the law, than in dissecting a dead body, or cutting off the leg of a living person.
In such a Colony as this, the punishment of scourging is one of the most solemn importance. We offer the following as the result of a good deal of thinking on the subject, and of some experience in this Colony to assigned servants.
1st. That the legitimate end of scourging is the administering the greatest quantity of torture, with the least damage to bodily health and vigour.
2nd. That therefore, a man-o'-war's cat is an improper instrument, notwithstanding that custom has rendered it less odious in the eyes of naval men than in the eyes of others; because it bruises a man's flesh, takes away his breath, is not without danger when used on a man of weak constitution, while the torture it inflicts is not greater than the same number of lashes administered with whip-cord, in lieu of thick cord or log-line.
3rd. That the army cat, on these grounds, is the best instrument.
4th. That the cat at present used at Hyde Park barrack is inefficient in a sentence of only 25 lashes, when applied by an unskilful scourger; and, that; in order to be efficient; it ought to be 12 inches larger in the tails by which it need not to be laid on with such prodigious force, and such great skill as we saw it administered in the said barrack.
5th. That Captain Logan's scourge at Moreton Bay, and certain scourges we have seen up the country, which were knotted and also tied at the ends with waxed thread, and the ends afterwards dipped in pitch, were all improper instruments, making holes in the flesh, and affecting men's health and bodily vigour unnecessarily, cruelly, and contrary to law.
6th. That the blows being administered at quarter minute time, renders a light whip more efficient, by increasing the torture, without additional injury to the back, and should therefore be practised by all scourgers.
7th. That the cats used up the country, being lighter than the ones at present used in the Hyde-park Barracks, and wielded by unskilful floggers, who were not made to do their duty, but left to their own discretion in punishing their fellow-prisoners, must, up to the amount at least of forty lashes, have been a complete farce and excited the derision of all bold and able bodied culprits.
A modern author has undertaken to vindicate scourging, as being more effectual, and less calculated to raise vindictive feelings and not more degrading than the divers substitutes for it invented in modern times. But he guards his subject by one condition. He insists, that the punishment be inflicted with every mark of solemnity, and even pomp.
We agree with him in this respect. And we think that, not only should the proper officers all be in attendance, and the ceremony performed with solemnity; but they scourger ought himself to be a free man, have the rank of a government-officer be a person of good character, and be well rewarded, by which alone, respectable men will take so disagreeable an office. The practice of flogging prisoners in New South Wales; without any ceremony at all, and especially, turning them over to a brother convict, as hath always been the practice in the badly regulated police of this Colony, is degrading to the laws, violates the popular sympathy, and is disgusting to human nature.
In our next, we shall lay before our readers, the opinion of Cap. Basil Hall on the military punishment of scourging, as compared with proposed modern substitutes. They are original in some respects, and carry a deal of conviction with them. He insists, that scourging is neither the severest nor the most degrading punishment, though the smartest while it lasts;but if inflicted with solemnity, in the presence of the officers, is liable to the least objection by the statesman and philanthropist, so long as punishment is not to be done away with altogether.
A fat man suffers more than others. The blows cut the flesh of such men more, and the skin of a fleshy man is generally thin. There is, in short, wonderful difference between some men and others. Men of sensitiveness and fine feeling, suffer so much, that fifty lashes, as administered in the Barrack, cause them to stagger about after being released. If such a man want courage, he suffers more than a brave man with less feeling, would, with a hundred. A Police Magistrate to make a judicious distinction in this respect, but our unpaid half-informed magistrates can not be expected to discriminate. Hence in the former case (that of the sensitive man), if the sentence be heavy, the country Justice is likely to get a bad name . A man who bears himself insolently before the Bench, is likely to take punishment badly ; his insolence is often the effect of great sensitiveness, coupled with courage.
At the Hyde-park Barrack, Mr. Slade enters notes in a book, of the effects on the culprit, of every execution. The following is a copy of the notes he took of the whipping of Mr. Robert Cooper's two men, whose case was noticed in the Sydney Gazette.
"Thomas Holdsworth. Pilfering from his master. At the first lash, the prisoner uttered piercing screams, which were continued at each succeeding lash, and he appeared to suffer greatly. The fifth lash brought blood, and the flesh was considerably lacerated at the conclusion of the punishment. The man said he was never flogged before. There appeared no marks on his back of former punishment. I am of opinion, he was sufficiently punished at the twenty fifth lash for his strength was nearly exhausted, as manifested by his staggering gait when let loose.
Joseph Kenworthy. Accessory to pilfering from his master. The first lash elicited loud cries from the prisoner. At the eighteenth lash, the blood appeared. At the twenty fifth, the blood was trickling , & at the thirty-second lash, it flowed down his back. The bleeding continue to the end of the punishment. I am of opinion, he would have been sufficiently punished at the twenty fifth lash. The man said he was never flogged before; his back exhibited no signs of former punishment. He was very fat, with a thin skin. The suffering of the prisoner was evinced by his unnerved state when let loose."
(Signed) E. A. SLADE.
Those gentlemen who in former times ordered a shepherd five hundred lashes, because he told his master, "that he was foolish in not giving him a better mess, seeing that he could easily repay him in lambing time," will not be satisfied with such punishments as the above. Nothing short of the treatment which negro slaves endure, will satisfy such men. They consider the prisoners their property, sent out to make their fortunes; and not enduring transportation as a punishment of itself, suitable to their offences committed at home. Let them shew Acts of Parliament for 500 lashes ; or even for 100? Acts of Council must not go too far in defiance of the law of England.
+ Kenyon, Ellenborough, &c., &c. were all against Romilly and Fowell Buxton, &c., &c., in their projects for rendering the laws more lenient,—ED.
The Sydney Monitor 28 September 1833,
No comments:
Post a Comment