Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-09-22

them derives its estimate of guilt. And the amount Of
guilt which the public mind and conscience associate
with any forbidden act will be according TO the pen
atty and administration of the law.
It is tue that the Scriptures exhibit n standard oil
guilt: so do books of morals; but the unprincipled
nnd wicked do not study the Scriptures OF 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 authori-
ta,ive instruction upon the subject oil crime. Mofa'
Philosophy is theory. 1t is very good reading, pn'
that is its principal use,-"plays round the head pu'
comes not near the heart The criminal law is
practical. 1t comes home to all that is susceptible
about us. Its penalties are the standard of sailt. 1t
is part OF the moral light received as readily as the
light of day. -and according to its representations of
crime, will be the opinions, sentiments and principles
of The community."+
3. Another end Of punishment in this ,eorld is The
reformation of the offender. This should never be
overlooked, but secured, whenever possible and con-
sistent with Justice and the SAFETY of society. Crime
must be prevented and the community secured rom
violence. Subordinate TO these ends is the comfort
and reformation of the offender. The voice OF justice
from the heavens and the voice of humanity within
us, require that punishment shall be exercised for tho
good both of the public and of the offender. But if the
two objects urcin any case incompatible. justice and
the public safety deserve the first consideration.
While presenting the three ends of punishment
above named, though l have not spoken of justice as
a distinct end, l assume that q sacred regard to jus
lice or TO desert, is to be had in all penal infection
There is such a thing as justice, separate from all the
other aims of penalty. 1t is the moral scnsc--the
spontaneous feeling of mankind, that crime deserves
punishment. God acts universally upon this princi-
pie. Some of the old writers, as Grotius. ground
,L.,x Az ,;,i,, Of punishnpnt on this urinary iup1 of
Justice, and call it, "evil inflicted on account of evil
committed not that punishment is revenge. 1t
embraces in it nothing of the idea of revenge, butt;
proceeds on the principle of desert land the moral
sense of the human mind intuitively demands and re-
CARDS JUSTICE as one of the ends Of all penal inil;c-
ton. Whenever an ntrocious crime is committed,
there is a deeply seated and universal conviction that
the criminal ought 10 suffer. How did the public
voice give uttera:ce to this feeling, a few years ago,
when JUDGE WHITE of Salem, a gray haired, old man.
was murdered in his bed! Tho universal conscience
demanded that the murderer should suffer. There
was no personal malice,-no spirit Of retaliation, no
i'll will to the murderer, as a man, that gave utterance
to this call. But it was the moral sense of the COM
munity, of what was right and proper.
Therefore when we say that the prevention Of
crime, The security Of The state and The amendment Of
the offender, are the chief ends Of punishment, we as
sumo, of course, that all punitive measures for the
attainment of these ends, must proceed on the princi-
ple Of J S lie "r ptrond' desert. We eschew all
schemes built upon expediency, as n foundation. If
cxpcdicncy has any hing to do with the subject, it is
only with The mode of applying the principle of jus
flee. The state, the magistrate, the parent, like God
himself, mus, ever keep their eye on justice, or per-
sonal desert, Tor so only can crime be prevented, the
public good secured, and the transgressor reformed.
Such are the acknowledged ends of punishment
The peat question is. How shall crime be punished
so as ctfectually 10 attain these ends? If the forego-
ing views are correct, i, is seen that punishment has
n higher end, than the comfort and amendment of the
offender, and in one sense, n higher end Than the mere
prevention of crime and protection of person or pro
perty, if rhesc are sought Irrespective Of the principles
of justice. 1t is seen that punishment if l may ven
ture a definition, is the infiiclion Of evil on the trans
gressor according TO personal desert, for the safety Of
the state and the good Of the transgressor himself.
I have here remarked upon the general subject Of
punishment, because we can not safely decide wlic,h-
or il is right and safe to punish the murderer with
death without having before US all the ends of punish
ment. 1t appears 10 me that there are serious and
practical mistakes IN the community. growing out of
nm exclusive contemplation Of one Of the ends of pun
ishment,-the amendment Of the offender. 1t is evil
dent that il punishment has this for its chief end, it
can not be extended 10 death, for this would defeat the
object.
In my next number ! will endeavor to show that
most of the objections and arguments against capital
punishment, have arisen from 4 too exclusive con'em-
plation OF, and sympathy with, the prisoner; that be-
nsvolencc in pursuing its metaphysics Of cIemency in
this way, is impairing the defences of social order and
security and lm2airinG the moral principal OF the state.
With much respect,
Yours, C..
Biblical Repository.