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

cases, must be exercised, n at all! without loss time
wiuiout that insight into character which the penten-
'ory system affords. Ii IS therefore necessarily liza
Die 10 abuse; and there is this further objection to IFS
exercise, that It leaves alternative between death
ana entire exemption from punishnent; but every de-
gree oi crime some punishment is necessary, the nov ice
II subject to no retaining discipline, will soon become
professor in guilt but let the corrective be
applied and It's progress viii discover whether he ma
be again trusted in society, whether his deor,v;,, :
so rooted as TO require continued confinement
SIN coming to resolution this solemn subject we
is' ho' forget another principle have established
uo' uihn on The sonnjest reasons, that other things
oeing equal the punishment should be preferred which
gives us the means of correcting any false ;uac
mem: TO which passion, indifference, false testimony or
reccivihg appearances may have given rise. Error
o' ieSe or other causes, is sometimes inevitable: its
operation instantaneous, and lis fatal effects in the mr.
nshncnt of death, follow without delay: bit time is
Islurcd Tor ITS correction; retrace our steps with
uhcuy II Is notifying 60 ackoow ledge that we have
oecn UNJUST and during the time requisite for The dis
co'ery CT the truth for the operation our unwilling
minds Tor the interpretation Of that power which can
one stop the execution OF The law its stroke falls and
the innocci'tsic dies. What would not then the ju
rors who COW ictcd The judges who condemned the
mistaken witnesses who testified his guilt what would
NOT The whole community who his d, ing agonics
who heard at that solemn moment, his frutess
Iauons n innocence; what would they all give 10
nave yet within their reach the of repairing the
wrongs they had witnessed or inflicted
instances OF this kind not unfrcguent; many
OF them are OIL record; several have taken rlace in
remarkable examine
was gwen out lew years siHce, III Of the nor
thern states, shews, in striking manner the dan
ger oil those punishmcnts which cannot be recalled
or compensated, even though the innocence of
the sufferer is rendered clear de,n,st IA ton few
SUCH Instances, even in century, sufficient TO coun
eract the best effects that cond be derived from exam
pic There is spectacle that takes such hold on the
iecings as That OF an innocent suffering under an
UNJUST sentences such example remembered when
twenty OF merited punishment are forgotten the hos,
passions lake part against the laws, and arraen icir
operation as iniquitous and inhumau This considcra-
lion alone, then, if there were no Others would be n
most powerful argument for The abolition capital pun
Ishrnens; but there Others less cogent.
70 see human being i'll The full enjoyment of all the
faculties OF his mind and all the energies of his body
is vital powers attacked by no disease; injured by no
accden the pulse beating high with youth and IeaIth
TO see him doomed by the cool calculation of his fellow
men to certain destruction, which courage can rcpe
no AFT or persuasion avert TO mortal distribute the
most awful dIspensaiioDs of the Deity, usurp his attr
butes. and fix, By his decree an limit 70
that existence which Almighty power alone can give
and winch IFS sentence alone should DESTROYS must give
rise TO solemn reflections, which the imposing spectacle
oi human sacrifice naturally produces until fire.
queAt recurrence renders the mind nsensible to the i'm
preston. But IN country where the punishment of
death rarely inflicted, this sensation operates in all its
force the people always strongly excited by every
trial Tor capital offence they neglect their business
and crowd round the court the accused the witnesses
Tie counsel every thing connected with the investigation
becomes matter o interest and curiosity; when the
IL
lone from the circumstances of the case which will
rarely he found to accord with the mpartaty required
by justice.
If the accused excite an interest from his youth his
good character lns connections. even his counte-
nance and appearance the dreadful consequences of
CONVECTION and that too, in the of great crimes
as well as minor offences, lead prosecutors relax their
severity, witnesses 10 appear with reluctance jurors
acqut against evidence, and the pardouing power i'm
properly to intcrpose. If the public excitement take
another turn the consequences are worse indignation
against the crime converted into ferocious thirst for
vengeance; and if the real cuIprit be found the
innocent suffers the slightest PRESUMPTION of guilt:
when public zeal requires victim, the innocent lamb
Is aid on the altar, while the scape goat suffered fly
10 the mountain This savage disposition increases
with The severity and frequency of capital infections
that. in arocions well in lighter Offences this spe-
ces OF punishment leads sometimes TO the escape of the
gnilty, often 10 the conviction of the Innocent
Whoever uas all observed the course of criminal
proceedings must have witnessed what have lust en-
deavonred to describe; undeserved indugence unjust
severity; opposite effects proceeding from the same
cause the unnecessary harshness of the punishment.
But when no such fatal consequences are to be the
result, the course of justice is rarely influenced by pas
sion or prejudice. The evidence is produced without
difficulty, aud given without reluctance; has lis due
effect the minds of the jurors who under no ter
rors of Pronouncng rremedablc sentence and par
dons need NOT be granted unless innocence ascertain
ell, or reformation becomes nneqniyocal.
Another consequence of inilcton of death is, that
frequent, ii loses its effect the people become too
changed into spectacle, which frequently be re
peated TO satisfy the ferocious it has formed Ii
would be extremely useful in legislation if the true
cause could be discovered OF this atrocous passion
witnessing human agones and behoding the slaughter
of human beings. Ii has disgraced tue history OF all
Nations; i'll some it gave rise TO permanent Institutions,
like that of the gladiators in Rome; others it has
shown itself like moral epidemic, which ragged with
violence proportional the density of tue populations
for limited time, and then yielded to tue influence
reason and humanity. Every people has given in
stances Of tis dclirium but the religious massacre Of
st bartholomew, AMI the political sIaughtcrs during tie
reign of terror in France, exemplify in a striking
manner The idea mean TO convey. The history OF our
own country, young it is is not free from this stain.
The judicial murder of the wizards and witches Of New
Ingland, and of great number of poor wrecbes du-
ring what was called, the Negro plot at New York
nlsii us with domestic lessons this subject The hu-
man sacrifices which find in the early history Of al
most every nation proceeded from another cause the
idea of vicarous atOnenen for sins; but they were
attended with the Notwithstanding effect IIu.
man suHerings behcld for the first time but
with aversion terror and disgust Nature has strongly
implanted this fepugnsnce 10 our mind for the wiscs