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He shows very forcibly the absurdity of transferring the legal to the political sovereignty. Parliament might, as he says, make a law that every gentleman with £2000 a year might flog a pauper with a cat-of-nine-tails whenever he pleased. But, as the first exercise of such a power would be the 'last day of the English aristocracy, their power is strictly limited in fact.
They have power enough to keep up the game-laws and corn-laws; but they have not power enough to subject the bodies of men of the lowest class to wanton outrage at their pleasure. Suppose that they were to make a law that any gentleman of two thousand a-year might have a day-labourer or a pauper flogged with a cat-of-nine-tails whenever the whim might take him.
The captain, without any inquiry, beat him severely, and ordered his hands to be made fast to some bolts on the starboard side of the ship and under the half deck, and then flogged him himself, using the lashes of the cat-of-nine-tails upon his back at one time, and the double walled knot at the end of it upon his head at another; and stopping to rest at intervals, and using each hand alternately, that he might strike with the greater severity.
Turnbull always disliked everything. He had so accustomed himself to wield the constitutional cat-of-nine-tails, that heaven will hardly be happy to him unless he be allowed to flog the cherubim. Though the party with which he was presumed to act had generally been in power since he had been in the House, he had never allowed himself to agree with a Minister on any point.
Now, I presume you think the abolition of flogging was a vast boon to seamen. I see, on the contrary, with perfect distinctness, that many murders and an immense mass of unpunishable cruelty a thousand blows, at least, for every one that the cat-of-nine-tails would have inflicted have resulted from that very thing. There is a moral in this fact which I leave you to deduce.
If by such indiscretions they outrage the moral sense of their friends, they must expect to suffer accordingly." He then ordered the prisoner to apologise to his guardian, and to receive twelve strokes with a cat-of-nine-tails.
It might be it probably was a statement of Captain Reid's imperiousness in trifles, very much exaggerated by the narrator, who had written it while fresh and warm from the scene of altercation. Some sailors being aloft in the main-topsail rigging, the captain had ordered them to race down, threatening the hindmost with the cat-of-nine-tails.
The captain, without any inquiry, beat him severely, and ordered his hands to be made fast to some bolts on the starboard side of the ship and under the half deck, and then flogged him himself, using the lashes of the cat-of-nine-tails upon his back at one time, and the double walled knot at the end of it upon his head at another; and stopping to rest at intervals, and using each hand alternately, that he might strike with the greater severity.
One can think temperately now of the atrocities of the mutineers in India, It does riot now quicken your pulse to think of them. You have not now the burning desire you once felt, to take a Sepoy by the throat and cut him to pieces with a cat-of-nine-tails. The common consent of mankind has decided that you have now attained the right view.
If a course of conduct can be shown to cost a country less, and this by no dishonourable saving and with no indirectly increased expenditure in other ways, they hold that it requires a good deal to upset the arguments in favour of its being adopted, and whether rightly or wrongly I cannot pretend to say, they think that the more medicinal and humane treatment of the diseased of which they are the advocates would in the long run be much cheaper to the country: but I did not gather that these reformers were opposed to meeting some of the more violent forms of illness with the cat-of-nine-tails, or with death; for they saw no so effectual way of checking them; they would therefore both flog and hang, but they would do so pitifully.
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