1846.] Horse Stealing. 285 



will take too much room. But we will state this, that we have 

 no confidence in the punishment of death as a means of deterring 

 from crime. If death was certain to overtake the individual for 

 his theft, then it would undoubtedly operate effectually as a bar 

 to the crime. The certainty of punishment to the extent of the 

 law, is a more effectual means for preventing crime. If the 

 thief, when convicted, was sure of being deprived of his liber- 

 ty for ten years, without the prospect of a pardon, it would 

 operate as effectually as the punishment of death, to deter 

 from horse stealing. We would advise to this course. Let 

 farmers form themselves into clubs for the detection of horse 

 thieves, and post up through the country, bills, advising the 

 community of their determination to bring to justice thieves of 

 this description. 



When detected, let not the punishment exceed the bounds of 

 justice, but let a part, and the first part of the business of the 

 thief be to pay up from his earnings at some work, the expense 

 of catching him and value of the horses, if not recovered, or if 

 recovered, the damages they have sustained; let him pay up 

 those bills to the owner out of the sweat of his brow. This 

 will do him good — he will feef better for it — he will pay one 

 debt and will learn the cost. After this matter is settled up 

 with the injured party, let the state punish him for a violation 

 of the law. By this order of proceeding, we do not mean to 

 convey the idea that individual wrong is greater than public 

 wrong, or the violation of wholesome laws, but the party in- 

 jured is put first, because he is less able to w^ait for his pay. 



We have always felt that the principle of paying up obliga- 

 tions of this kind have been greatly overlooked by legislators; 

 they have looked merely to the satisfaction of the law of the 

 state, while the individual sufferer is left unprovided for. For 

 instance, if a horse is stolen the owner must incur considerable ex- 

 pense to recover it at any rate. Now the uncertainty of success 

 in pursuit, and the certainty that nothing can be obtained at 

 best, for the property, is a discouraging feature in the case. But 

 if along with the prospect of recovering the property and the 



