Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-03-03
DIiIh PRRSG
MIR. CHEEvENs SECOND ARGUMENT.

critically examined the Noachc statute, and brought
additional proof Of the grammatical accuracy of
English translation Of IT, exposing again the absurd
consequences Of the suppositions by which its bind
ing t,rce is sought 10 be ovaded.
He then made some remarks on the cnorniy Of
the guilt Of murder, and proceeded to observe that
need not wonder At the language in which il is desert
bed md denounced by Jehovah, ut the penalty of
death affixed to it, 1t is right, is benevolent, il is
necessary, that such crime should invariably, with
ont any exception in any case whatever, be punished
with the EXTREMIST penalty Of which heaven has an.
nsScd the authority TO hum,n law. There ought to
Ia such penalty, high, awful, distinctive, to mark
TINS crime IN its reiributon. ms ii stands in it's guilt
paramount to every other. The conscience Of socie
~ should be educated in the vsw Of such penalty;
md II 1t wero not, or when it is not, poor aud cheap
nieed is the estimate placed upon the sscredncss Of
human life.
The object Of all punishment is benevolent, it is the
wa.l being Of the community. 1t is To prevent crime
~ supporting law The penalty of the law must he
en- evil, which the man intending crime will balance
asans, the good he proposes himself by the crime
lie mast fear the evil moro than he desire. The good.
Do you say that men COMM: crimes in passion, and
t,at there is seldom this balancing of motives and
considerations. ! answer, this mnv possibly be true
in regard to oil minor penalties, and this is strong
srenncni for having IN the cnso of murder so terrific
strong, overlooking q penalty. that it shall break
down all other considerations, that il may stem the
torrent Of passion, thu, the criminal may hear voice
amidst the ro,r Of the tempest Of passion command
ing him 10 refrain.
Now, i, being granted tina. the murderer deserves
- die and that society have the right in
20 nhci the punishment Of DEATH the question Of cx
pslioncy bc!oro ui issimply whether punishment by
death operates more eiectuay to prevent the crime
OF murder than any othcr penalty. Now, then, who
arethcy from whom we have to fear murder Any
n,sn may beom murderer with sufficient icmpta-
ton; bit in general it is men already hardened by
crime, from whom the crime Of murder il to be fear
cd; i, is men urged hv want, ontcnss from society.
beings with whom life is already so deprived OF com
fort, Of responsibility Of happiness that j, with its
f,,i and clothing woili be almost a relief instead of
apunishm cnt, while death would he the most terrific
Of penalties 1t is manifest there is almost no good
m'iivs to restrain such persons from crime There is
NOTHING but fear that will do it.. But the fear Of tho
prison is, lmos, changed into relief at the though,
o. shelter With the penalty Of death it is very
different, Here you appeal TO terror as far greater
than all others the crime Itself OF murder is greater
than others. ain all secondary pnnishments" re-
marks legal writer, " it is assumed thu, the con.
Wet is well fed, well clothed well lodaed and we'll al
tended to. He may have no Injuries and few com
forts, but he has entilc security agninst starvation
want, perfect protection against the weather and
tany of medical assistance in case of sickness. To
the nnlhlnking multitude the secrets of the prison.
house never be fully revealed and there will al
ways be some room for doubt and hope as to the lot
OF THE convict. The cxecntioner alone inhc,s pun
shmcnt, of which the 'uterinEs can never be called
In qut.:.c.."
In,ay add to this that you may put wha, guards
yon will about your plan of imprisonment, make il
perp:tua there will always be hope of escape. Grim
inals sentenced 10 imprisonment for life have ordinar
ly, on an nverage-f GU take this State example
spent in prison about six years But EVENT. you
made the date absolutely mnlu.able there will always
bemurIerers who, with iheingenuty Of Baron 'Tlencl;
could almost ent their way through stone walls, q.
easily as they Id eat the heart fiher own hui
mainly. Or ii not, william who will commit n muir.
der that brings him into prison. would not hesitate q
moment to commit tina, shall take him out In
deed there is nothing that possibly check th'
spri, OF murder, but the fear of death. That all
that Cain feared he did not say, people will put me
in prison. but, they will put me TO death; and how
many other murders he may have committed wher
released from that fear the sacred writer does not tel
us Nori is i! anything hut this, that the whole pro
geny Of mni derers, from Cain downwards, ever fear
nor anything but this fear that will restrain
them. They fear the same tremendous evil which
they nlict on others, bu! nothing else.
And you may range the whole Newgate Calender
with the experience Of all gentlemen clippers with th
estates Of heiresses, who like Gilbert Wakefield, hnv
got into it and you may tell as much you please o
the insenshilty of obduatc williams even in the face
death but such testimony weighs more nanins
tho power of the fear OF death in all mankind, thai
the testimony Of perjurer and a murderer would
weigh against an honest mans testimony in corr
Of justice. Bat if it did weigh, what does it prove !
WHY, that there are such monsirous vinn so steele,
and inveterate in wckedness, that death itself has nj
terror for them; bnt certainly if they do not fea
DEATH they fear Imprisonment still less and if rhel
would murder with the fear ofdenth before them
much more will they murder when that fear is nj
taken away. Besides if because villain SAYS tina
he neither fears your law nor ts deadly penalty ,o
bring that rs a for aholshing tn penalty sup
pose another knot of williams tell you that they do no
even fear God nor his terrific penalty; the same rea
son would be just as good for striking that penn
from the government OF the universe. Or if nno'he
gang tell you that they not Gg for your perpei
uai imprisonment The reasoning from these d rve
lngs OF depravlty IN Indicators IS TO the last degre
wretchcd and absurd. Hard pushed indeed must h
be in argument, who can consent TO dive down int
the polluted heart of Newgatc criminal, in order
fish up from the confession OF his rous, nnatu
raj obdmacy an Argument in that very obdurac
against the fit punish ment Of his own crimes.
] think there is a testimony from criminals some
times elected to the real fear of death, which ma
be well To set over against all this II IL that rah!
than die BY the penalty OF the law they sometimes III
themselves. But who ever heard OF man KILN
himself 10 avoid imprisonment What malefncto
whom the officers of Justice We're carrying TO prso
il the populace should try to kill him, would not CT
Justify for helpl You cannot believe that the wretci
Cd Colt would have killed himself, if his punishmel
had been merely imprisonment nsead ofdeath. b
sides, what language was II which was spoken in tn
hu.ryny and anxiety TO have his sentence commute
that intense effort the part Of counsel, friends an
criminal for this purpose. Well then, punishment
which the criminal fears more than DEATH must
Of all others mos, powerful to restrain from crime.
But you object that il leads to suicide. We answ
that places suicide liselfa as terrific consequence
crime terrific form Of vengeance uprising behind 4
shade OF the murdered man TO the murdereI's ov
view. 1t places the crime OF murder on one SIDE
public execution suicide on the other, with no pc
sble alternative. Now the whole system of Grimm
jurisprudence goes upon tho suppo'Itlon OF n iuiu
state OF re,li n,ion, the supposlon th,t belle
it, and tina, man will aee voluntarily from this
that. 1t does not contemplate, and ought not,
otde o! society, III WHICH lHcIl lear vi lutule
ment 10 take away II contemplates that judgmer
and its highest. last, most awful resort, when m
commit the highest. last, most awful crime, cr'
from which all lesser penalties are unavaillng to
strain them, is hand the criminal over 10 that Dire
tribunal which alone deal with him. 1t seems
me tina, in this point we have a mos, solemn come
ing link between Gods jurisprudence aud own
Gods high court has passage from our inferior or
and in the case Of this crime il is as if God had 81
Here you can do nothing but TO hand the Grimm
over 10 his last Judge; he has passed that limit
which it was possible to permit men to sin under
Jurisprudence of probation.
ain not now arguing for the restraining power
an uncertain penalty bu, of penalty, which, res,r
ed to the crime Of murder, shall be made nbsolut
certain. One of your objections against punishm
BY death is the uncertainty of lis execution and Il
this uncertainty renders the penalty itself ineffect
Very true; and this very uncertainty, and the con
quent weakening Of the power of law and of its p
tective energy TO the community, is in part owing
mems lnjudicious efforts against this penalty. TT
act some Of them from q warm heart doubt
not from wise and large philanthropy. This
~ uncertainty, with all this whimsical scrupuloi
OF jurors, is nola little produced by that mawkish