Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1822-11-09
PUNISHMENT OF DEATH.

I Mr.. Edward Livingston is not the only
jurist who has proposed to blot the pun
ishment of death out of the criminal code.
The quakers of Pennsylvania have made
several efforts to expuDge II from the laws
OF that state--and, in one of his MESA
ges, governor Snyder went so far as to pro
pose it 10 the consideration of the legisla-
tnre No success, however, attended the
proposition. Neither the governor nor the
friends were able to effect their objects.
The scheme DOW comes before US IN a
new and very imposing shape. Mr. I'd
ward Livingston is lawyer OF the iirs'
Reputation formerly politician OF high
professions 10 eloquence in the pu0lic
councils. In February. 1920, the leglsla'
ture OF Louisiana brought question De-
fore him, which has called forth all his ia
Tents. They determined to select a per-
son learned in the law, to frame code oil
criminal law for their consideration. Mr
Livingston was designated and the fruit
OF bis labors is long and elaborate report.
In March last they ordered his report 10
! be prInted--and earnestly solicited MN
| to prosecute the work
Mr. l.. embraces long review OF the
effects OF the penltentiary systematic
causes of It's failing in any particular IN
! stance. suggests the remedles-an1 re-
! COmmends ii in the most earnest manner
to the adoption of Louisiana lie is so
| completely enraptured with it, that he
goes so tar as 10 propose il as SUBSTITUTE
Tor death in the cases OF murder, arson,
and treason. The argument with which
he urges the abolition OF capital punish
ment, is written in very plausible maa'
ner, and in strain of considerable eo-
quence!
Alter all, it is not conclusive. MIR: L
does not deny the right OF society TO take
the lite oil fellow being, because that ar
gument is indefensble, and incomplete !;
for, what greater right have we to take
the liberty and limbs of a man, than his
lite But be puts it upon the more plausi-
BILE ground of expedlenCy. He contends
that the nfiction of death does not carry
with ii such terrors as TO deter from the
preparation OF these crimes; and that
the priyations of penltentIary are more
calculated to impress the imagination and
intimidate the villain.
Substitute these privations which al
such offenders fesr, which they have all
risked heir lives TO avoid substitute these
TO that death which has little terror tor
men whose passions or depravity have
forced them 10 plunge in guit AMI you
establish fitness ia the punishment to the
crime; instead OF momentary spectacle,
you exhibit lesson, that is every day re-
newed and you make the very passions
which caused the offence, the engines 10
I,h 10
He assigns otner reasons, such as TIE
punishment of the innocent, whom death
puts beyond the reach of receiving any
atonement for their unmerlted wrongs
such, also, as the placing OF the young aud
repentant murderer on the same tOolng
with the hardened and veteran offender.
His great argument however, proceeds
on the presumption, that death deterS ess
from crime than confinement, Now, this
appears inconsistent with the very nature
of things How many men would DOT ra.
/, Their suffer confinement than death The
one bars out all bope-the other still
leaves glimmering even through the ,prl-
son lattice How many criminals seek 10
soften down their perpetration OF murder
into me of the Cd degree for the purpose
OF committing death into confinement =
How many OF those, who are now confined
in the penitentlary, even OF those few
who are condemned for lite, who would
exchange their cell for The ga|lows ? For
one man who would prefer death to the
penitentlary, there are hundred who
would select the other alternative. BY
this test alone would we decide the ques-
ton Ii is the duty OF society to protect
the lives OF its members by the most Ell
fectuai means within It's power. II DEAN
addresses Itself the most powerfully TO the
Imagination, we should resort TO 1t. Say
not that the man who medltates murder
does not reflect On the punishment he IS to
suller 1t operates on thousand TO pre-
! vent it--4nd SO great is its terror, that the
! FIST thing the murderer thinks OF is TO ny
from the law or conceal'h guilt. He does
! this, TO be sure, in most other crlmea--but
in murder. With unusual earneslness. In
truth, so strongly impressed are we with
| the tremendous power OF the gallo"s, that
We think 10 exchange 1t Tor penItenliary
/ 10 such cases is not mercy TO society--but
! the greatest cruelty
We confess there it one error commit
ted on this subject, which Mr.. l. points
/ out in the following forcible and eloquent
passage:
"But If this punishment is kept for
great occasions, and the people are seldom
treated with the qualification OF seeing one
of their fellow creatures expire by the
sentence OF the law, most singular ell
feet is produced the sufferer, whatever be
his crime, becomes hero or a SAINT; he
is he object OF public attention, curiosity
admiration, aud pity, Charity supplies
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