New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-02-11
THE TRIBUNE.
Capital PunIshnlent.

| have DtSu waiting youk tieHoJ O'o
School, to respond to your special challenge. But
a. he does not make his appearance, and you
.dmit Others, under the conditions of having re-
Asc,ed on the subject and being competent to
ia di,cus.ion,' | venture, with some pre,enson 10
At least one of these qualifications, to enter the
lists, if only to keep you from cooling, while an
ADLER antagonist is, as hope, preparing for the
combat.
The deba,ers on Capital Punishment at the
Tabernacle, have agreed on both sides to res. the
question upon two arguments, or classes of argu-
men.; one, Of Authority, the other of Expediency
-one Theological, the other Jurisprudential.
Did The code of Moses punish capitally for
Murder and was that code authorized by God I
Neither you nor Mr. OSuvan deny the afiirna-
tive, and only answer that the laws of the ancient
Jews are not binding upon Americans. True, but
God could not authorize an immortality, and what
was moral in them cannot be immoral in us. By
your own admission, therefore, the morality OF
Capital Punishment in certain circumstances, is
established
This throws US back upon the question of Expe-
dency It also shows the futility of what was
fession of clergyman may excuse, if not require,
this defereRce to the Scriptura argument, what
ever he may really think of its value. But to see
man, after having conceded all that was essen
tal still Flooding through the shifting sands Of
verbal criticism and musty commentaries, remind.
ed one of those days and disputants whom the
gentlemen of the March-of Mind School, to which
Mr. O'Sullivan belongs, are particularly prone to
rdicule, and left Imagination nothing miss at
the Tabernacle unless the learning and the logic
of the illuminated Schoolmen.
:The argument from Expedency has double
ASPECT, which shall distinguish as the Theoret
cal and the Statistical. The former should pre-
cede in order both of logic and Importance; bu
in conformity with your method | defer it to the
end-where only, and, it seems, incidentally
you and MIR. O'S.-the one in his debate and the
other in his disquisition-meke any alusion to it.
"The argument for the Expeaiency of Capital
Punishment rests and must rest, entirely on the
superior efficacy of that punishment in reprcssiae
crime, or at least u certain crime This state
men. Of yours I cheerfully adopt; but in the
s,ricted sense and with the explanation that the
certain crime be murder. This distinction I re-
gard as so important the issue that it is to its
inobservance ascribc the strange pranks which,
demons,rably your array of facts and figures has
played yuu-L!te one bending like reeds, the other
Icing like lawyers. To disprove its superior eff
cheney then in the of murder, which is the
only case in question, you affirm
LIST. That Capital Punishment was quite recent
ly deened necessary protect Society against for
gerry, burglary theft; and that the same arguments
were brought against the reformers OF those days,
which are opposed to you and your colleagues.
But my distinction, and indeed your own statement,
preclude the argument from analogy, between
~ &c RI md no
lions would prove any case nothing but that men
mir Cheever and DR.. Cox included) sometimes
bring falible arguments a truth which, it peril
nent, is not, suppose, denied.
More to the point, you say
Cd. That the advocates for the abolition offer
abundance of facts showing that ether nations have
abolished Capital Punishment for murder, and
that the result has been no increase, but very
great elimination in the number OF murders IN these
countries as compared with those OF former years
Both these propositions | must deny, and Mr.
Cheever has sufficiently disproyed. (Not the
abundance of the facts, mind, that cannot be dis
pued or forgotten; but what they shoe, and what
they inter.) The latter assumes that this diml'
mutton" is the result" Of the alledged abolition,
which, Of course, is begging the question. but
oonceding you, for arguments sake, the facts OF
the abolition" and "diminuton," still would
you have to show in order to the conclusveness OF
Your Inference that there were no other agencies,
no other influences, causat, concurrent or conc0ne-
itant to the effect That in fact there were such
could be easily proved were il our business. Be-
sdes it is NOT to be supposed, that believers in the
pe,fectbiity of the race, and so laudsbly) loud
trumpeters of human progress" as you and MIR.
0'Sulvan would be the persons to deny the mclio-
rating efficacy of education, the press, morality,
liberty, all which have been actively advancing at
the times and in the countries in question.
But not only have you omitted to show the COR
sequence; YOU have failed to establish even the an
teceden,. From all the ages of history, and all
the states of the globe, savage or civilized you
have been able to gather but three which afford
even a foo,hold pretencc to your daring PROPOSE
ton These are Belgium, Tuscany, Russia
Has Capital Punishment for murder been ctec-
italy abolished in Belgiunl' Why, you yourself
agree with Mr. Cheever that it has only been trans
Tered from the Code to the King and you en-
PRESS with your usual candor, just dislike OF Tins
irregular and intermittent (that is, arbitrary JUS
.ice.' Yet, with strange inconsistency, you turn
round and adopt the argument OF Mr.. oSuiilvan'
which is predcated entirely on the elective aeoi-
ton
Again suppose the abolition to have been com
re,e, the fact Of subsequent diminution OF crime
has no, even q tendency 10 prove IL consequent.
But, not to put you on this /" exhaustins process
o. proof, / volunteer TO destroy any posi-
Ole presumption of the consequence; and this by
means after your own taste-a statistical reiata-
fion Ii another country can be produced where
the G,minuten of murders has been as great, or
nearly SO, for equal and corresponding period
as that alleged Of Belgium, and where Capita!
punishment fer this crime remained in unaltered
Operation, you will, presume, admit the nulhty
Of your argument. Well. step across the British
ehannel In the only statistical work at hand,