The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-10-04
VOL. VIlI.---NO. 90

ent degrees Of criminality to the act, and
the cause of this different sense of crimi-
nallty, must unquestionably be sought in
the different penalties associated with tho
act in the two places. The penal law af,
fords the instruction under which our esti-
mate Of crime is made,and forms the CON-
mon mind upon the subject. How shall
particular act be regarded Is it criminall
Is 1t scandalous or creditable? The mind
involving these inquiries adverts a; once
TO the legal penalties, and from them de-
rives its estimate of guilt. And the u
mount of guilt which the public mind and
conscience associate with any forbidden
act will be according to the penalty and
administration of the law.
1t is true that the Scriptures exhibit a
standard of guilt; so do books of morals;
but the unprincipled and wicked do not
study the Scriptures or systems Of morality
they get their ideas of guilt from seeing
and feeling the penalties of law. The
criminal law (says an able jurist) is the
highest and most authoritative instruction
upon the subject of crime. Moral Philos>
ophy is theory. 1t is very good reading.
but that Is lis principal use-''plays round
the head, hut comes not near the heart."-
The Criminal law is practical. 1t comes
home TO all that is susceptible about u.s.
Its penalties are the standard of guilt. 1t
is part Of the moral light received as rea.
Oily as the light of day,-and according to
ITS representations CT crime. will be the o.
PlnIohs. sentiments and principles of the
community."r
3. Another end of punishment in this
world is the reformation of the ofiender.-
| Ills should never be overlooked, but Sc
cured, whenever possible and consistent
with Justice and the safety of society.-
Crime must be prevented and the commu-
nIy secured from violence. Subordinate
10 these ends is the comfort and refOrma-
. ton of the offender. The voice of Justice
from the heavens and the voice of human
lty within uS,require that punishment shah
be exercised for the good both of the pub
lie and of the offender. But if the two
objects are in any case Incompatible, JUS
tee and the public safety deserve the first
consideration.
While presenting the three ends If pun
ishment above named, though ! have not
spoken of Justice as a distinct end, | ns-
sumo that sacred regard to Justice or 10
desert, is 10 be had in all penal infection.
Where Is such thing as justice, separate
from all the o.her aims Of penalty. Ii is
the moral sense-ihe spontaneous feeling
OF mankind, that crime deserves punish
ment. God acts universally upon this
principle. Some of The old writers, ~
Grotions, ground their definition of pun
lshment on this primary idea Of Justice, and
call 1t, ''evil inflicted on account of evil
committed, mot that punishment is re-
venge. 1t embraces in il nothing Of the
idea OF revenge, but it proceeds on the
principle OF deser;--nnd the moral sense
OF the human mind intuitively demands
and regards Justice as one of the ends of ali
penal infection. Whenever an atrocious
crime is committed. there is deeply seaI-
ed and UNIVERSAL conviction that the crin~
nal ought to suffer. How did the public
voice give uttcrance TO this feeling, n few
years ago. when Judge White of Salem.
gray haired old man, was murdered in his
bed! The universal conscience demanded
that the murderer should suffer. There
was no personal malice.-no spirit of re-
taliation, no i'll will TO the murderer, rs n
man, that gave utterance to this call But
II was the moral sense of the community,
of what was right and proper.
Therefore, when we say that The preven-
ton Of crime, the security Of the state.
and the amendment of the offender. are
the chief ends Of punishment, we assume,
OF course, that all punitive measures for the
attainment of these ends. must proceed on
the principle Of Justice or personal desert.
We eschew all schemes built upon expedi-
ency, as foundation. If expodIencv has
any thing to do with the subject. it is ONLY
with the mode of applying the principle of
Justice. The state, the magistrate, tho
parent, like God himself. must ever keep
their eye on Justice, or personal desert, for
so only can crime be prevented the public
good secured, and the iransgressor REFORM
ed.
Such are The acknowledged ends Of pun
ishment. The great question is. How shall
crime be punished so as effectnally to at
tain these ends? If the foregoing views
are correct, it is seen that punishment has
a higher end. than the comfort and amend
ment OF the offender and in one sense, n
higher end than the mere prevention of
crime and protection of Lerson or property,
if these are sought irrespective Of the prin-
cples of Justice. Ii is seen that punish
ment, if | may venture definition, is the
Infliction of evil on the transgressor, ac-
cordlng to personal desert, for the safety of
the state and the good of the transgressor
himself.
have here remarked upon the general
subject of punishment, because we csnhot
safely decide whether it is right and safe
to punish the murderer with death, without
having before us all the ends of punish
ment. Itappears to me that there are Sc
rious and practical mistakes in the commu-
nity, growing out of an exclusive contem-
plation of one of the ends of punishment.
the amendment Of the offender. II IS
evident that if punishment has this for its
,b;af en1 II cannot be extendad IN deafh.