New-York tribune., 1842-01-04
THE PUNISHMENT OF DEATH.
Il e FOK n
ES T. T. . fS 4 -
OF the Select Committee of the Assembly,
ON the expcdiency of II . otai Abolition
of Gnpitai Puni.hment in the State Of
New-Yor

Nc Sri1wEIr. from the Select Committee 10
whom was r,.i-rrad the following resolution
Resolred. That Select Committee be appointed
70 aauirs into The exp-diency OF the Total Abolit,on
ot Capilal Punishment in the State OF New-1 ork,
submitted the following
REPORT:
Tt.e spbject which has been referred 20 w. |Ii
cnctt. by re solution OF this House Is 80 s'taI's
important and involves SO man. questions ol is
and eyp-dlencg, that they have INDUCED N
a,tnda of nvasiigation than is usual; ana no"
,.s,,artf,l:, claim attention, while presenting the
rn.ui, their deliberations for legislative hctot
\ question involving the right OF destroying ha,
o,an lit,. one Of ordinary magnitude. II IS Oh
,.,t ionUottai.c> 10 every community and involves
c,n.eo,lenccs 80 tata, at ne9ttier ihe wealth tt-
,,.iglt5m nor ;hr powtI o fnsn can change, nor hu
,,,ey, sacrifice. ot gepentanc- restore. Such sub
;;so aefnar.l!s and hes received all the considera-
=tion Wic}. ti,r.e aad information la placed within
tj,e reach Of ,oue colnmitlee. Each point has
zl5s.r, stigated and afsuarn. a'ld authority
condensed qiihlll az snal! conlpnss as possible
.q. a. thu same liuIe they have sought TO place
brf5re The Hons. every yies 81 the SUBJECT, IN Il
=jioFt eglch may tend 10 a correct conclusion.
Ia the tangube.. o celebrated political writer,
81 hey Offer n0ihug than simple facts, p!al'
arguments, and common sen,c and have no other
are.ininarles 20 settle, than thai each member o.
fhis House will digest himself OF prejudice and
=Drt p0SSeSsi0u and suffer hts reason and his tee
slus. totl.fafIliue for themselves that he will put
en-, o. rathec thai he will not put of, the true cha
.ac,cr OK {. man and generously enlarge his views
i,eyoud tie present day Perhaps the sentiments
here. contnIed are get sufficiently fashionable
10 I,tocmc them general favor: long habit of MOI
thinking thing rrong gives II suPerfcia! aP-
rcarance of being right, and raises a formidable
=o,ciy IL ceiencc of custom; but the tuniut soon
sb,4es-'iime makes converts than ltea-
son
gVsrl,;,Y congratula,e ourselves that under the
form Of government we have adopted knowledge
@n.d Improvement 20 hand in hand. 1t is only ne
cessary to convince the understanding of the pro-
=pIrfv and fitness OF measure, obtain for 1t gen
eral5approb0ron; and daily experience illustrates
:, the words CT Tie immortal Washington, that the
Americau pcopic want onl y an opportunity TO be
,. most enlightened, liberal, und happy people on
tie face of the s.obe. From the time of the dccla'
#laion of Independence, nay, before that period,
III, ontlfqcs OF civil liberty had become familiar TO
,vrry citizen but, as experience has shown, we
~. still, in iHc structure and operation OF many OF
our laws, f,t l:,.hnd the wisdom of the age. The
familiar use OF many laws, and the convenience
and apparent nccessity of others, have caused
directly gaiasl the princ pies upon which we have
founded our government. The study of the law
has long been study of forms, and experienced
practitioners scem impressed with the opinion that
no alterations can be made for the better. Almos,
every change is denounced an innovation upon
!, system so periect ia itself that the change
only create blemsh, mar lis symmetry. This
propensity to continue old customs Will essentially
impede the progress of liberal and consistent laws
For who is there that has the moral courage to
propose, or the talent aud experience to sus,uin,
any nroad upon established usages, while he finds
himself opposed by the most learned and talented
profession in the land. We do not say that all the
able and enlightened jurists of our land have SET
their faces against the change some of our laws
on the contrary, we shall, through the course of
this investigation, bear ample testimony to the lib
erat and enlightened views of more than one of
distinguished lawyers.
Laws should be framed wnh view to sustain,
notthe customs and usages Of oldea tsmes, bat the
spirit ard principles of constitutional liberty. We
have declared ourselves free from the government
Of The old world. It's cnStOmS and ia,cs. We have
adopted new and more correct principles, and it
becomes 10 practise upon our professions. Our
aim in government is not poccr, bul happiness
We are not So anxious 10 be repued great, a.
lIannV. w. know that government al best is buI
necessary evil, and th. arepublican government
should make the burden as light the safety and
sNel!-beng OF the community will admit. Civil
liberty Is the not being restrained 10y any law but
what conduces in :. greater degree to the public
>yeiia,e consequently, every law which authorizes;
,,nduc scvelitv--every az, which recognizes more
power ia the magi,tracy than the public welfare
requires, infringement, Of civil liberty. Th,.
definition Of civi liberty, says Paley Imports, that
The la2s of free people impose no restraints upon
,i.e private will of the subject, which do not
duce ina greater degree TO the public happiness:
by which it is estimated lst. That restraint is it.
sell a., evil: 2I That this evil ought to be over
.lalzncrd BY some pnbHc Advantage: Sd. That
.1he proof Of this advantage lies upon the Legisla
fute: 4h. That law being found to produce no
sensible good effects, is sufficient reason for re-
l'eang it.
= In accordance with the definition OF civil liberty,
we shall consider this aw in all its bearings:
FiiS. How far il initiates against Republican
form of government:
Second. How far against the law Of aaturc
Third. How far it is necessary:
Fourth Of its use example:
fyth. OF the benefit of certainty over severity:
StrM. How far it is aulEorizcd by the laws OF
God:
.Sersnhs, How it resembles tbs ie.s talionis -
and
EishM. The rremedable nature of it,
BY this division of the subject i, will be per
ceiyed that we do not propose to conhne our ex-
0mlnation to the abstract or theoretical right of
government over the lives OF its citizens, but will
ais" consider the exercising such right, if pos
se.sed.
we shall. in the order proposed, proceed to con-
s,tcr how far the exercise Of the 1,o,rsr=,o TAX.
away human HE is consistent with republican
governments aud in doing SO, we shall take fire.
=Gnent opportunities TO introduce the language of
1te ablcst and hes, men of ancient and modera