New-York tribune., 1842-01-05

,ice over,akes him be deems himself Pecr.ia'is
| unfortunate in ;allin. az last sacnhce 10 tiio=e
laws, which long inPuniiy has tagg2t nm 70 eoA
tenn. Ii we inquire, says bsceaFla' mo
! ;h. cause OF all human corruption We sHdi4 !ii-
itla; they proceed rot the lnPunis OF crimes ana
no, from tAe federation o; punlshmeHts
From the operation of the earliest written
Law, Of which history gives Us any account, says
| Mr.. Livingston. down 10 the pre.entdsy, itla'
/ been invariably Observed by all who would take
h. trouble 20 think, that tie neXecc.icn o; penal
laws was in exact proposition TO ther severity! =
Those OF Drace have been prsverbiaI for this last
quality. and their cruelty has been generally sup
posed suf:icen. reason for ,hec abolition bv So
lon buttne iact IS, that trey We're abolished, not
so mnch by Scion, by 'h- i5npos sioiiry OF car
RING them lnto execution where tie stealing an
apple incurred tbe penalty OF dcais, VIVA; citizen
would accuse. what witness would testify, what
, assembly Of the people would convict, nay, what,
ezecutioner would be found 10 -resenlthe poison
Gus cup We are accordingly told SpIessIy. ,hal
t4ese laws abolished not 81 formal deere
but by the tac and unrecofdrd assent OF the Atte
mans.
We make 40 quotations =rnod-rs wci,.r-
penal law 10 this point for there !, not one ,vho
has uot gwen his testimony in iagor OF tne posi-
ton we have taken, and yet By most singular IN
c-ngruity, each OF them mas & ay0rite critn- III
;. nich he thinks capital punishment applicable
The certainty Of punishment, says d. Pa!ey,
- ''o' s.A"t ''ie ~ w
,''a.' ~ - aa'''i J" 'l'i llif
- ''iS ss'tsl''' q van nope .,
'''s, '''t - ao' - o'il lpa'1 J" l'a' ,''''1
N.A .'i' el',e ".t'i ~ t.z 'i7 '1,.ss !s'.t,i
the punishment, as 10 escouraea themselves with
ue chahce oi conceaiMent or escape ;; tor winch
reason yigilaat rnagislracy, an accurate police
proper Distribution OF force and lniellgence, TO-
gsiher with dug rewards for the discovery and ap-
preheil.ion OF nale;actors, and an underwriting m
partality in carrying the laws into executions, con
tribute more 10 the restraint ana suppression OF
crime, than any violent exac@rbation Of punish
rnent. On tins point authorities wittipst number
could be quoted, and we refrain from further ex
animation OF the subject because " e ,,re impressed
with the opinion that all agree that crime is more
certainly prevented by certainty haiI=by severity Of
punishment
We have now examined and we believe conclu-
."cly proved, both the want oi right on the par,
OF the Legislative authority to pass laws auihori-
zng capital punishnents and their total want of
efficiency as an example: and here we Should be
willing to rest the case, were we not aware that
there are indyici4als in this community wko arr.
ready at all times to put down reason and argu-
ment, on this subject, by the oit-repcaied refer.
cnce TO biblical auth-rty |; i tbs. command of
God say they and therefore wha1er ,ye. co,.i,lar
1t right or wrong expedcnt or inespediert. we
are bound 70 put to death wboSoever sheds
mans blood. This authority, from having the rep
rcSen'aton of being OF diync origin has given,
for many years, Il sanction to capital punishment
II shall be our dutv 10 examine, it#y:ii!i care and
candor