Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-02

TO those Certainly entitled respect than m,
owp) which still support the proprc4y Of this punish
mcnt for certain offences On speculative uucs
tOn should yield to this authority; but here could not
Justify the confidence you have reposed in me- were
10 give you the opinion of Others matter how res
pectabe they may be- instead of those which nv best
judgment assured inc right.
The example of the other States is certainly entitled
10 great respects the greater, because all, without
cePuon still retain this punishment but this example
loses some OF ITS force, when reflect the slow pro-
gress OF Improvement and on the stubborn principles
OF the common law; which have particulars, retarded
IT'S advance IN Jurisprudence.
I'm England, their parliament had been debating for
near century, before they would take oil capital nun
snnent IRON two or three cases, in which every body
allowed was maniiestly cruel and absurd; they have
retained IT in at least hundred others Of the same
description; and when Ieflcc, these facts and Oh
serve the influence which the prevailing opinions OF that
country aNe always had on the literature and urspru-
dence OF ours, may account for the several States
having stopped short in the reform their penal law
without surprising them have arrived at The point OF
perfection, hey oud which it would be unw Use and pre-
suuptuous 10 pass Asto the authority of great names
If loses much OF IFS force since the mass of the peope
have begun TO think for themselves; since legisIa
ton IS no longer considered a trade which none can
practise with success but those Who have been educated
10 understand the mystery; the plain matter of fact
practical manner in which that business is conducted
with refers TO experience og facts than theory
o reasoning; more 10 ideas of utility drawn from the state
OF society, than from the opinions OF authors the sub
1ec' The argument were To be ried by The authority
of names That CT Beccaria were there other would
ensure tho victory. But reason alone. not precedent
nor authority must jnstif, in proposing 10 tic &C.
neral Assembly this important charge; reason alone can
persuade Them 10 adopt IT. proceed therefore TO de-
'clop tue Considerations Inch led nv
mind; but which being perhaps now more lecLly urged
than they were then felt may fail in producing tie same
eject upon Others great pant q my task render
ed unnecessary, by the general Acknowledgements uni.
versal, may say, in tlc United States that this pun
's"ent ought to be abolished in all cases. except those
OIL treason, murder, aud rape. In arson is
included; ana lately, since large portion cf our in
banl, brol,
dealers III exchange, strong inclination has been dis
covered 10 extend II TO forgery, aud uttcinp false bills
OF exchange. AS ii is acknowledged, then TO be an
inadequate remedy for minor Offences the argument
VIII be restricted TO inquiry whether there is any
Propaoihty that II VIII be more efficient in OF
greater importance. Let have constantly before us
when we reason this subject the great PRINCIPLE tt
the end of punishment is the prevention of crime
Death, indeed, operates this end cTcctuay as re-
spccts the den9uent but the great object of inctin
1t is the force of example others If this spectacle
OF horror is insufficient 10 deter frem the commits
sion Of slight offences, What good be given
10 persuade us that II Will have this operation where the
CRIME Is more atrocous? Can believe that the fear
OF remote and uncertain death will stop the traitor in
the intoxicating moment Of ancied victory over the cor
sttutlon and liberties of his cunstry? While in the
proud confidence OF success he dees heaven and earth
and commits his existence the chance of arms fha,
The dread ct tins punishment will 'clecE his pride,
force h, like some magic SPELL to yield obedience 10
The laws, and abandon course which he persuades
i'nse makes 'virtne" of his ''ambition.n Will it
arrest the hand of the inurate wretch Who at single
blow about To CRAFTY the strongest passion of his souk
IN the destruction of his dcadest enemy? VIII il turn
aside The purpose Of the assassin who meditates
tie removal of the only obstacle 10 his enjoyment of
Wea'ih and honours! VIII II master the strongest pas
sions and couneract the powerful motives while
tis too weak to prevent the indulgence of the slightest
criminal inclination? Ii this be true it must be cons.
tossed, that 1t presents paradox W ch will be found
more difficult 10 solve, hen reflect that great crimes
are ior The most part, committed by men, whose long
habits Of guilt have amarizcd them with the idea of
aea"' or 10 whom strong passions natural courage
nave rendered IT, in some measure, Indifferent; and
mat Inc cowardy poisoncr assassin always thinks
that lac has taken such precautions as will prevent the
iiSk OF discovery Tie fear of death, therefore, will
rarely deter IRON the commission of great crimes 1t is
on Tie contrary remedy peculiarly inappicahle to-
those offences. Ambition which usually inspires the
crime OF treason above the fear of deat dyaricc
winch Whispers 10 secret murder, crecps below III and
e brutal debasement of passion that prompts the ouy
other crime thus punished by our law is prcyerbjaIv
blind TO consequences and regardless TO obstacles that
impede ITS qualification threats of death will never de-
ter men Who aCtuatcd by these passions; many OF
them aiiront 1t in the very commission of the offence
and therefore, readily incur the lesser risk of suffering
IT. IN what they think the impossible event of deoc tion
But present other consequences directly opposed
to The enoymcnts which anticipate in the commits
sion OF the crime make those consequences permanent
ana certain and then, although mder trcS vii, lie less
Tcadi'y rIskSi an the momentary Fang attending the
loss Of iifc study The passions which first suggested the
offence, and apply your punishment 10 iIOriify and
couneract them. The ambitions man cannot hear tho
ordinary Restraints of goYcrnmentsubiect him to those
(
most dgnlicd magstrae-fOrce him 10 submit to the
lowest oihccr OF executive justice; hc sought by his
crimes, superiority above ali that was most rcspccta
Die IN socoty--rcJuce him in his punishment TO a
Level with the most vile and abec Of mankind If
aYar'cc suggested the murder, separate The wretch for
ever from his hoard realize the fable antiouty--sen-
tence him. from his place of pcnitencc and punishment
TO see s heirs FiotIng lis spos and the corrodne
rejection that others are iunoccnrly enjoying The fruits
OF lbs CRIME will be as appropriate punishment in
Pracucai as IL was feigned TO be in poetical Justice
thrift roI,e
gance and murders TO avoid dctccton he exposes his
lie that he may either pass il in dleness debauchcrv
ana sensual enJoyments, or lose it by nomentary
pang-dlsappont his PrOAigate calculation; force him
ote under those privatons which be fears more than
death let rn be reduced to tie Diet the hard
louglng' aud the Dcossant labour Of peniteutary
substitute these privaons which all such offenders
tear, which they have all riskcd their lives to avoid;
substitute these to that death hic has little terror for
men whose passions dcpravity have forced them TO
plunge IN quit; and you establish fitness in the pu-
nIShtneut TO The uf