New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-11

its severity. This may be admitted TO certain
extent But will the sure loss OF MS estate OF a
/ memorable doom 10 imprisonment, festi ia'ii tA
cra,i6cation of direct rage or hatred IN inc man
/ whose worldly goods are comprised IN his wrctcEed
.,ore Of clothing, whose love OF couRtry ls=resue-
,ed les hi. own libertine views ot!ndelendencc, and
wbos. wretched and precarious lie would lead
him 20 regard the shelter OF prison blessing
:. In al secondary punishment is assumed that
the convict IS we'll fed, well cleihed, well lodged
and we'll attended 10. He may haze no Injuries
and few comforts but ne has entire security
sgainst starvation want, perfect protection
/ against the weather. and certainty o.. nedica! AZ
sistance in sickness. Besides 70 The unhnk
ing multitude the secre's OF the prison-housc can
never be fuily revealed aad there VII! always be
some room for doubt and hope to the lot ..t q
convict; the ex.cutioner alone, nliets a punish
nent The THE nntuIe and extent OF wtlch cannot
/ be understood.
Does the natural sentiment which Is sugge-iel
inslinctiyey, :. blood riH havc@5iood .-a.hich
launs The murderer befere and after his accused
deed uorc earfully than The minister Of justice,
indicate incarceration as OF adequate power TO
arrest The passion OF wicked man Docs ii not
rather clearly point out the proper penalty, 6looa
| 7rHl haue 6LoodI BUTT is urged thai the fear Ola
dsglaceful death is overcome again and again
that men are always deferred FROM tbs COM
mis- sion of murder, by the fear o: being executed.
Thi, is readily admitted Bat fin nine cases on
of ten "bcn murder is deliberately contemplated,
the aggressor srrogantly dencs the law, Yet lit
should be that the tenth was frustrated through
fear of the law, it woald be but mock utnnnty to
relieve the nine the encouragement OF the teatn
! 1t is better that guilty should suffer by
the arm OF the law, than tina. innocen: man
should be sacrificed BY It's mistaken lcniiy.
To the State of Louisiana, introductory to his code
Of crimes and punish:ncnts, and which so far as
YOUR Committee are aware, contains most. not
ALL the plausible arguments for the preservation OF
the criminal, life, mas been before your Commit.
tee and while they would bcsfow the hisncs,
commendation upoa the vigor Of its composition,
they imag that it is easy TO trace the evident
bias under which nc labors, to the horrible fact OF
his hayn. been acquainted with one who suffered
dSa,ll as II ;naefactor on testimony which was NJ
/ forwards proved 10 have been false. But however.
much such an occurrence mag tcnch the feelings,
surely il .houd not control our lud semcnts in other
cases This, indeed, is considered by many, one
ofthe most serious OF the objections 10 capEalpun-
ishm.ni. If, says Mr.. Hen,han after sentence OF
| imprisonment, trans or,atlon has been passed,
it is discovered that the convict Is innocent, he
may pc released from prison recalled from exile
! whole punishment ha. been inflicted and no part
Of ii can be RENTED. The principle OF this OH
lection applies oil modes OF punishment.
man wrongtuIIy deprived Of bis liberty cannot al
| forwards be restored to the enjoyment Of that OF
which. he was deprived. But on the other hand.
it has been argued at=ths is in fact one OF the
strongest recommendations of capital punishment.
/" All punishment. lut death leave some room for
hope; there is the nope of mercy, the hope OF es-
| e
the sentence by good conduct, of obtaining the
favor of the iailor, or eludng his vigilance; the
hope, in short, of proiling by some lucky chance,
which people without being very sanguine, almost
invariably expect will in way or other be
presented TO then.=Ihs is also especially the
case in punishmen,s which intended TO be
most severe, severe punishmcHts are always
long; and there is an uncertainty connected with
| all long periods of future time ;moreovcr when a
convict has been confined for many years, people
are apt to forget that punishment Is for exam
! Pile ard not for vengeance, and RECENT towards Il
person whesc offence has long been forgotten. In
every thing human, Whatever is future is uncertain,
and whenever there is uncertainty there is room
for hope. Death alone cuts oil all hope, and
leaves no possibility of n lucky chance ; and here
is the chief terror Of capital punishment il settles
the question of enjoyment IN this life ut once and
| forever and this it does by taking from the add
ministrator of the law all means Of mitigating or
shortening tue sentence which he !ntlicts; and II
he is thus also deprived of the power of repairing
an error this sv is incidental to the advantage,
and is due to the self same cause;
Another of the arguments urged against caritaI
punishment is based upon fact. furnished by his
tory. We are told that this mode of punishment
has been abolished in different countries. and at
different times, and that increase of crime fol-
| lowed such adjustment The force of TIL. arg,l-
ment rests upon Inaccurate statrtAcnts and par
1ial inductIons, 1t has been urged by those who
are opposed TO the punishment of death, that iii,
n relic Of burbarous ages, cruel and yindctYe, aud
e,hat as nations become civilized and refined, they
cease to practte sanguinary method of pun
sh:ng offenders against their laws OF course,
/ then, in those countries where capital punishment
has been abandoned, we have q right t7loo< for an
increased advancement Of refinement and society
in those nations may be regarded not only more
humane, but in all respects more advanced in the
scale Of civilization. How far history sustains
this position, it msy be well TO examine.
We told that in Rome, in all her glory, and
for period OF two hundred and fifty Years, and
also durng the reisns ct some of her Empcrors
in Egypt un;'cr the reign of Sabaco, in ancient
Germany, in Russia, under Elizabeth end Cattle.
rne It. and in Tuscany, Cor r.,ore than twenty
years, tho punishment ct death was abolished, and
iha, crimes consequently decreased. 1t is not
hinted that during the suspension OF this penalty,
there such an advancement of the standard Of
moral feeling, as we have been taught that VIC
might reasonably expect snch en- i:proyc-
ment introduced in,e our own system of penal pro-
cedute. Nor are we informed howl, came 10 pass
that in the aforementioned case, the laws should
have waxed severe again, after SO short a term Of
tenty
Now, so Ear as yo,.c committee have had time 10
esamiae ibis part OF the sabjsc,,. capital punish.
mcnt rAS iniliccd upon many Of the Rn,nnn cit