Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-12-02
= GAZETTE.
THURSDAY, DECEMBER 2, 1880.


The subjeined passage ofthe Report made
70 the French Chamber Of Deputies, on the
proposition toabolish the punishment of death,
deserves particular attention:
at would be necessary, Gentlemen. TO ro
very deep INTO the heart Of man to discover
the origin, the principle, the cause of the
different crimes which he is led to commit
This study would be s~alutary; it is one of
these which ought the most actively TO occu-
py the Legislator; for, as the degree of per-
Versity varies with the motive which has bro.
duced the crime, the punishment ought TO be
more or less severe. Now, how many diffe-
rent passions do we not see the handspring
of the actions Of MANI Some generous or
excusable in their principle, others vile-that
is TO say, blameable-among all nations and
IN all times; bat all offer to the observer mark
ed shades which cannot fail to establish very
great differences in the morality OF the ac-
ton. 1t rs usual also, that among the author,
OF the same crime, there are some who have
been led to commit it by seduction, by ex-
citenent. The punishment Of
death IS the only one which cannot suit itself
to these shades; for being in its nature indi-
visible, 1t IS not susceptible of bending itself
to any diversity; and when several gully per.
sons suffer the same punishment, it is rare,
1t is impossible even thai its infection does
not violate justice with regard to one or Sc.
veral among them.
The greatest vice which can infect legis-
iation, is injustice in the application of pun.
ishments; punishments are destined to pro
duce a moral effect Oh the people, in SO far
only as they have the sanction Of the people;
from the m0mpnt q nprsnp tpaap ronIa,rna
ten becomes an object of public interest, the
moral effect is DESTROYED, the condemnation
produces a contrary effect; instead off GRIM
inai we see only a victim, and we are moi far
from excusIng. perhaps e~xaiting the action
with which he was reproached. Such is the
Inevitable effect OF the lndivisibiiity Of the
punishment of death.
"Bu from the very circumstance of its not
beng divlsible, that is t. say. that it cannot
medlfy itself, as variously as the shades of
the different cases to which it is applied, it
produces impunity, the Judge or the Juror
cannst resolve on pronouncing or calling for
a dlsproportionate punishment; his soul re-
jects the idea Of striking with death him
whom a less severe punishment would have
served TO repress; and in this conflict between
law and his conscience, Of which he breads
the remorse, he determines on acquittal, and
society sees returned to its bosom guilty per-
sons, who, hardened 10y the vain triad from
which they have escaped, who, encouraged
by impunity, seek again 10 trouble it. This
will be the case with all the punishments
which shall not accommodate themselves to
the greater or lesser degree of culpability; in
vain, in those places in which justice is ex-
ercised through the means of Juries, shall
you seek to impress on them that they are
only ..aIaH fn utlnpaatafa fha f.ate. = .,o..
shall you tell them that it is their duty not to
look to the consequences which their verdict
may have; their censciences will speak in a
louder voice to them than the oath forcibly
extorted from them. and will give the lie to
the wisdom Of your laws; the omnipotence
OF the Jury will become as 10 England, and
often as in France, the necessary corrector
Of your penal lie gislaiion"
hd,fnrp should Io.o ~ IN -.