New-York tribune., 1842-01-06

equally binding upon States ;a1,#
The Law Furnishing murder Win oea''l . -
u. .,.cu,iai features law of retaliauon' ana this
/ brings US To the co'siu7i a''O'' -
v3sion OF this subject
- 10, flood is the doctrine OF capital pun
i-,,,.,t and Vet we have II constantly asserted
h,t i, j. not he object sought by the law. hiack-
ran. saws. that the end or fina cause OF human
p,,pi. bmen, is no; by way OF aionsmeai expa
lion for ,he crime committed for that must be LETT
10 the nsr determination Of the Supreme Being.
The Law of retaliation then by is denounced,
and ha- been repeatedly condemned By the law
giyers OF almost every nation tue ground
.umed by thu English arist, tina, punishment Is
not intended act Of re;ributive justice on The
individual, but as q prevention Of future offences
Of the same kind.
The laws OF most countries denouncez The is1
'alionis, or law Of retaliation, as irnpolitic and
ust, and scarcely lew-giver since the Christian
ara has been found, hardy enough 10 establish 1t.
Ii may be found in the Koran, bat even there
does not extend to all cases. In England, 7tat-
,i,e was passed in the 37th year at Edward III.
enactine that such as preferred suggestion the
kings great council, should BE- put 10 suretie5 Of
aliation But, after years experience, lhi-
punishment OF taliation was rejected, aad imPrls-
onment adopted in It's stead.
Beccara. and several other writer's Of distinction,
! have contended that the punishment; due TO the
crime of which one falsely accuses another should
be inflicted on the perjured lntormer
The law ofthe twelve tables ST Rome, never con
demned 10 retaliation, but when the injured parry
could not b. satisfied in any other manner. And
we may remark, that retaliation Is only another
nane for revenge 1t il taking vengeance Oh the
authcr Of any offence not for the benefit OF t'. pna
bic, but for the qualification oite vlndici"e ie-i-
| Tags of our nature, the return OF insult Tor insult
injury for injury. How much indi-
viduals NAV boas, Of their spirit in reseniing
aifront, very few will be found TO advocate Law
authorizing citizen to seek revenge for real or
supposed injury.
The object, says Sir Matthew Hale in furnishing
ofences, is not to crafty q spirit of rey"nge for
that would be pclrertine Tie current Of jnshce
| If we examine ourselves, il we inquire into the
| reason which induces rcadlyto Justify tie
destruction Of human lie by the operation OF law.
If we make ourselves sensible Of the caue that ead-
Us 10 applaud the execution of law attended With
such fata! and horrid consequences, we shall iiad
that the spirit of the old repudated law OF reribu
ron, the feeling of revenge the desire TO see the
same punishment inflicted that the culpri has been
the OF nicting upon another, lies at the bot
| rom of our desire to sustain this law. Let=evcry
one examine himself, let him inquire whether his
this, he is euitty he ought TO be punished. Few
persons can be found who will separate the object
of punishment from the feeling inherent in our
ure of the proprcty Of inhictng aninjary, because
an injury has been inflicted. In fine this law OF CAPT.
raI punishment sustained by, although II may not
hnve originated in, the tee taiionis. We call then
upon the advocates of this law toSay, whether they
IRE willing 10 restore the old law et reaia,ion---
an eye for eye, and tooth for a tooth'-whe-
her they disposed to reiur:. to state o! ma
IRE, and inlict punishment for the qualification OF
lie worst and most vindclive feelings; or whether
hey would have government TO be, what il is IN
tended, a guardian protector, like a kind and
.iec,ionate parent, chassing the disobedent child
Tor its benefit, and seeking its reformation for its
sake and the good Of those who are necessarily
with it?
Another objection has been urged TO capital
punishment, which deserves at this time particular
attention it is the rremclablc nature of it!
While men continue tuble, whilst human nature
Is liable TO error, the depravity and presumption
If ll,c human heart continue conspicuous in
,cts which admit Of no reparation. Can any Thing
,llertof absolute certainty, justify conviction, where
he punishment is death and you arrive at
That given point, under the organization OF human
nature?
The Laws Of England have placed around the iu-
'llCla Ol Olciltts, tNfi Ddi
rer to the introduction of falsehood that the hui
manty of legislatures and the wisdom of judges
.ouId dovse From the arrest of the offender, to
he final expiration of his crime, the aw has
tcnded to him every indulgence that the most scrn-
1ulous philan,hropst could demand and il has
become standing rule with those whose business
it is to see laws properly administered, to nstrnc;
he jury, that It upon examination they entertain Il
reasonable doubt of the guilt of the accused that
they mast wiring IN a verdict favorable 10 the p!iS-
oAcr; usually urging Us reason that II Is better
that nine guilty persons escape, than that ono lnno-
cent one should suicr.-Nor is this all; after
the jury have found rhc accused guilty, and The
ud ge has pronounced the sentence OF the law still,
before the fatal time shall arrive, ii any moment
previous 10 the extinction of human life, il err
ror can be traced in the facts, or any misconcep
,ion either OF the Judge jury, the executive still!
nay in,erpose the oi authority and arrest the
execution OF the sentence.
The law thus recognizes in every stage OF the
proceeding, the tallibity OF huma, nature, it, corr
stan; tendency TO error; and with the most scru-
aulsus adherence to the immulable DEGREES Of truth
and Justice will deny the possibility OF
after the last Of the Judicial authority has
eeen executed. Strange, then. that with lhl, uc
acknowledgements perYaaing every step OF the law
;iver. and aweX FOUNDER; with this constant de-
claration on their FPS, to err is human, they
;Iude with act which gives the lie to all their
former actioAs and professions, and assume the
province of a Sod that cannot err. Do we urge
this point too strongly Shall suppose that
thsre is liability to only W TO the tata mo-
menr, when pardon and reprieye useless when
the soul has winged It's flight other regions and
the body 10 committed te lis motEer earth Dol
we imagine that, because the bourne is passed
tom whence no traveller returns, We have set the