The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-04-09
FOR THE CALEDONIA.
CAPITAL PUNISH MENT.
amount.

.rl CAPITAL
In continuation of the discussion Of this subject,
promised to answer the question, IL it expedieni
to inAict capital punishment upon the murderer and
does the public safety require il
The principal end ofpunishment in cases or muir
der is the security of the community from recur'
renee of the crime The refo, nation of the cul-
prit should not be overlooked, but this no doubt
should be regarded as secondary the greater good
of the whole community. The punishment then
should be of that kind which will most effectually
create in the mind of The murderer dread of it
Now although there may be exceptions, as there
are exceptions to all general rules-yet no correct
observer of human nature will doubt that he pun
shment of death calculated most pre-eminently
to produce this effect Men may, without reflection
assert that they would prefer death TO solitary im-
prisonment, but put them to The test-place before
them the gallows, and bring them to contemplate
the awful circumstances under which they must be
ushered into the presence OF their Maker, and they
will cling to life any terms-they will hail as an
angel of mercy the bearer of rePIiese, although
il BIO but Communication Of the punishment TO thai
of solitary confinement for life
But it is said that The nature of the punishment
will not so effectually deter from crime its
tainty, and that such is the public sentiment upon
this subject that it will be difficult to find jurors
who will retuini "A verdict of equity" when they
know the punishment must be death-that the
murderer, presuming upon this, will be embodened
to commit The crime. But, sir, this appears very
much like begging the question There have been
isolated cases where jury has refused TO convict
OH this ground, and there would be were the
punishment solitary confinement for life, But am
unwilling 10 admit that the state of public sent
Sntlie 10 sch ms %
suits at all probable. II has been the policy of u.
ira reformers TO claim in their earlier ,hat
their dogmas in favor with the people, and ma
nv honest persons take 1t for granted that such is
the fact wheu there is shadow of evidence to
show it. But, sir, the supposition that to linn
tied the assertion is true, that there is such
a state Of feeling this subject as 10 afford some
hope the murderer that the jury will hesitate to
convict. viii the substitution of the punishment
Of solitary confinement add TO the certainty of pun.
iishmen? Are not the chances OF escape in the lat
ter case greater than under tho existing laws? To
say nothing of the probability of escape through
the morbid sensibility of jury where is the cuprii
who will not presume upon the chances of escape
from his solitary cell? lie has perhaps already
tested the vulnerable construction Of some peni-
Tertiary. lie may with wonderful skill and inge-
nuiiy have worked his passage through barriers and
prison walls thought TO be impregnabIe; and why
may he not do it again? The temptation 10 commit
the crime is great-the punishment of death is a
polished, and the possibility of escape from the sol
itary cell becomes first probable, then certain, aud
he strikes the fatal blow, and the event not i'm
probably proves the correctness of his reasoning
Years may roll on and he may be still in his cell,
but the ingenuity of his counsel effects what his
own hand failed TO do, Some testimony is
manufactured and the report ndusiriously ciicula,-
| ed that the man was innocent of the crime. The
TACT has passed from the recollection of the com
munity, and although guilty as Cain, the murderer
begins to possess the sympathies ofthe people. Pc
titions multiply for his pardon and the Executive
! is induced TO let loose the tiger 10 commence anew
his career of crime.
In all the great subjects Of reform, there is a
dency TO extremes. No doub, the sangunary char
( acter Of the English laws, making inferior crimes
punishable with death, has contributed to the in
crease ofthose crimes, because the punishment was
| seldom inflicted. Both the jury and the courts from
time immemorable have regarded the punishment
in cnses OF theft &c dsproportionate TO the crime.
Hence reluctance on the part of the jury to con-
vic, and the general practice of the courts of COM
muting the punishment for Punishment. This
same disproporon between the crime and penalty
| has existed in many of the statutes Of the ~ Eng.
land States, and reform has been loudly called for.
But men forget that in their zeal for reform they
in danger of overstepping the bounds of whole
some legislation, and OF breaking down the essen
tial barriers and safeguards of the community.
Iconcur with you, sir, that the subject is grave
one and hence the importance ofgravely discussing
it. A candid dspassionae argument is of more
value than floods of invective, or the most conf
dent assertions TO the state of public opinion up
on the subject. 1t should be discussed, and its
sequences properly contemplated before the Legis.
Iature should venture upon measure which, to say
! the least, is of doubtful expediency. Eff