The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-15
To THE EDITOR OF THE N. Y. HERALD

SIR
Allow me to express to you my appreciation of
your remarks on the case OF Singleton Mercer and
the general laxity in the administration Of justice in
this city, and elsewhere in the United States; and
to express also my earnest hope that you will con-
tnue these structures. Whatever aid / can contri.
butte shall be heartily at your SERVICE and il
not offer nev views and argume nts of my own,
will at least endeavOr to enforce those you may
yourself present tor public consideration
agree with you entirely in the opinion "that our
whole system OF administering criminal justice is
lax, inefficient and deective;" and the first step
to curing disease is find out its cause will take
this occasion TO point out what conceive TO be the
principal sources of that relaxation OF criminal JUS
ice, which may almost be said to give IMMUNITY 20
guilt, and to have lett the innocent without any pro-
lection but that OF Providence alone.
One OF the most extensive and powerful causes of
the evil OF which you complain, is derived from a
mlsapplIcatlon OF The humane and christian MAXIM
that IS better ten guilty persons shOulc escape
than that one innocent should suffer" That this
maxim Is equally in accordance with the dictates of
humanity and the precepts OF religion, presume
one Will doubt. But when II ls extended so tar az
to give impunty to crime, and wrest the notorious
y guilty from the hands Of justice it is no longer
elmer humane or Christian precept, because lis APP
pllcation to the administration Of criminal law
leaves The innocent without protection, and shields
the guilty from the consequences OF every violation
OF the dialogue That the guilty should suffer for
their transgresslons is the law of God and man. 1t
Is equally In accordance with the principles of eter
innocent without protection from the thief, the
sedu"er, or the murderer, would be the extreme of
cruelty, and render the social compact mere sys-
tenn OF restraints on honest men, without affordiDg
any protection whatever from rogues.
Another growing opinion u.s. that there is no right
ful power IN State, or community, to infict CAPT.
tai punshments on offenders, let their crimes be
what they may. | shall not enter deeply into this
question, which would require more time than I,
and more space thatyou can afford, but simple con-
tent myself with referring to the authority Of scrip
ture, and to the right ofself defence inherent in all
States and communities as well as individuals The
Death OF the murderer is the only certain and eff
fectual mode OF shielding society rom a repetition
OF the crime and by far The most pote in lettering
others from his example. Imprisonment, even for
life, is but feeble agent in deterring bad men from
the indulgence OF their passions, because it holds
outso many hopes OF escape through the avenues OF
hypocntlcal repentance, executive clemency, petit
negligence or corruption Of keepers and hundred
various accidents, that this mode of punishment can
never be anything more that mere bugbear to
hardened guilt and long practised inquity. know
OF no instances OF imprisonment for life being car
rled out, unless In cases where the criminal con-
summated his sentence by speedy death. The al
tentative OF solitary imprisonment has been often
recommended by those who call, and no doubt be-
leve themselves, philanthropiss, and that they are
advocating an expedient of humanity. But let them
Try The experiment, and II will be- it has always
been, only the prelude to certain docy madness.
But even i this were not the case, solitary conine-
meRt involves total abduction from all the amuse-
ments and occupations of lite, as well as all commu-
nicatlon with our fellow creatures. The urderer,
therefore, who had committed the greatest ofcrimes
against society, would become dead weight on
that soclety-a pensloner, clothed and fed at the
PUBLIC expense-whe the honest, faithful member,
IS Obliged to work his fingers to the bone
Is their either justice or mercy in this!
will not lntrude on you further for the present.
You shall hear from me again, unless you should
indicate your dissent from my opinions by declining
to publish them.
Yours, &c,
AN OLp-FAsHIoNKp FELLOW.