New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-11
THE PUNISHMENT. OF DEATH.
rsr. mcElra,i,,. Report.

Hgr. NacEIrali,'s Report.
Concluded
Most writers on elementary and national law
have assumed the existence of a state OF mankind
nrIor TO the institution Of society. This they have
denomnalcd the state Of nature, and from II they
have attempted to deduce the rights and duties OF
men in their social relations; and by process OF
philosophical reasoning, which is now pretty gene
rally exploded, they have sought to establish the
two following propositions EUrst. hat no pow
ers can BIZ delegated to ciyil society which did not
originally inhcrc in its members. Second. That
the right of the State to punish murder with death
is limited TO tic moment of aggrcsson. as in the
sasc of sclf-dcfcncc. As to the first proposition, il
is sufficient to say, that if it be urged that in the
separate state man had no ri hit TO take the life
of his fellow, it does not appear that any good
could have resulted iiom the transition of that to
the associated state and that if the right be con-
cedcd, this proposition, as far us the question OF
capital punishment is concerned, will be disposed
OF in our reply to the second proposition. And TO
support the second, it is urged that in this imagined
state of nature, man did not possess the right to
take the life of his fellow except in self defence.
1t is next further urged hat if the individual
sailed were in dagger of his life from the superior
strength and skill of his adversary oihors per
ceiving his situation might step in, and il other
wise unable to overpower him, might ,ius,itinbs
deprive him of his life. Here, then is ndmis
sion that man may take the lie OF another in
sclt.defencc and that in certain cases third party
may interfere and take the lite Of un individual! 70,
the purpose of preserving the life of another indl-
vdual. Now, If man may luke the life OF him
who is supposed to be intent on murder, or who in
fact is about to commit murder, in order to save
the life of another, and this, too, before the muir
II .i,,,ll
complished his design, and perpe,raicd his horrid
deed, the murdcrers life shall not be regarded as
more valuable than it was before he committed
the act. And how much stronger Widths right of
society to take his lie appear, if it shall be aC.
United that by FORGETTING it for his offence, thu, the
life Of rot only one, but perhaps the lives of many
may be secured by adopting this decrfins penalty.
In the language of Sir James Macintosh. you
Committee would say that this right of scl.defencc
and scf-prescrvaton is as clearly the right of So
cicty as it ever was, or ever can be, under any
circumstances, the RIG ht of any individual If the
terror of puniStmentby death is the most etiectual
IN lettering the preparation Of MURDER then surely
It become. the duty, the solemn duty, of society
to adopt this measure for the preservation of the
lives of her citizens.
The fear of civil punishment, says RUbcr, Hall
is motive which the wisdom of mankind has SUI
petauu0d 10 the ether motives which operate to
restrain men from criminal copduct. The Con-
tempt and hatred of our fellow creatures und the
dread OF punishment from an invisible nudge are
not always found TO be Of sufficient force To control
the unruly passions of bad men. The terror of
punishment Is designed to operate on the con,mu-
nifty Mt large, rot on a small number Of people Of
peculiar manner of thinking. But the great
hody of the people are affected Only bv what is
palpable they are unable tc comprehend, subtle
and refined reasoning. It is ony what is plain
sRd evident that is tangible their gross conccp-
lions. The fear and dread OF death are as universal
the love and desire for life there is no inpris-
ounlent OF Punishment, no mutiation Of limbs. no
iHtcuon of labor, violence, or solitude which
people III the possession of their sound senses and
IN state o! cool jud cement. would not prefer 10
DEATH Under the pressure Of severe suffering.
and the stimulus of despair, men mar cona.ni, sui.
eide as relief from the miserics of iitc bu, no man
could contemplate death from distance rs a re.
suss from any distress. The tcrrorS Of death are
not founded on the physical pain Of diving. bat
upon the uncertainty et the !;,,urs. and h, oss Of
every thing which We esteem. or love. or vous IN
this life. 800 -
The Vcarlcst and mos, loa,led wo, dlv III.
hat esc, ache poau5y and im,,yis,ptucn,
Cansay on nature, Is Paradise
TO wla: we fear OF death" S.l...
Cases of persons who when their dea,h wa. -
riteb!e, met it with courage, or even with annar,n,
Indifference, do not prove that men do no, d.s.a
Jas,b n