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

THE ENDS OF PUNISHMENT.


NO.. II.
To HIS ExcELLEScY, CHARLES PAISE, GOVERNOR
Of the State OF Vermont.
DEAR Sir In a former paper, I noticed the re-
cent, general movement Of the public mind toward The
abolition Of capital punishment, and glanced a, some
of the evidences OF a sad relaxation of criminal law.
These evidences were found in the tone of leading
newspapers; in the unwillingness of Courts and Ju-
res TO convict of capital crimes; in the difficulty OF
bringing public swindlers TO justice; and in the very
grea, facility, with which criminals sentenced to In.
prisonmen, for life, are %pardoned ont after an average
Of ~aboutlour or five years confinement.
1t appears to mt that this tendency to relaxation
and the various feelings going with ii, arise from .
popular misconception OF the ENDS OF punishment
OF these ends there are confessedly several; By look.
Ing too exclusively upon any one of these, and 90
forminga theory, we arc almost seen to be misled.-
IT IS found on examination that the best legal author
ties have ever conceded with the inspired standard,
in respect TO the ends to be attained by punishment.
These are, chiefly the following.
l.. The prevention Of crime and the consequent Sc
curly ofthe community.
Punishment is not necessarily vidictive. 1t is In.
hcted not TO give pain TO the criminal, but to restrain
him from intlic,ing il on others, and that the commu-
nifty may learn the character Of crime and be preserv-
ed from its commission, aud that the profiga.e may
~ S'it''Sd e'a "a ii'iObSlit istiuN'S uhu fhS
On this ground punishment, even severe punishment
is an absolute necessity. Crime is so great IN evil,
that, in the view OF both God and men, the proper
tenor against it can not other wise be inspired. To
prevent CRIME therefore is the chlefend Of punishment.
/ This is the form, if we mistake not, in which this sub
lect is uniformly presented in the Scriptures. EX-
pressly are we told that the " sword of the magistrate.
and laws infliciing penal suffering, are intended 10 b
a terror TO evil doors and a praise to hem that do
well. Rom. Is: 3 and 4. Whoever looks at The law
in Gen. Q: G., prescribing that the murderer shall DO
punished with death, and at The circumstances con-
nected with It's enactment, will see that prevention Of
murder was its chief end, nay, the only end alluded
to. 1t was Gods purpose to set up a barrier, which
had not before existed, against the cruelty and vio-
lence of mems passions TO hedge in and restrain
their malice by the highest penalties which man 10
capable OF bearing on earth. In the antediluvian
world, the mlder course had been chosen, butin vain.
Crime was heaped upon-crime, until " the earth was
filled with violence" Now TO prevent murder and
secure society from violence, God instituted this first
penal law, denouncing death as the awful penalty
against the murderer. And who will rise up and say
that God has ~misjudged the case, and that his wis
dom has mistaken the most efficient means of pre-
venting crime?
That the prevention Of Grim and the consequent
security Of society is the first object of criminal juris-
prudence, has ever been held, | believe, BY the ables,
masters of the Law. Thus Blackstone Book 4,h, D.
sth says, As to the end or final cause of human pun
ishments; This is not by way of atonement, or ex-
patton for the crime committed for that must be
eft to the just determination of the Suprems Being;
but as a precaui'on against future offences ofthc same
kind. This is effected three ways; cher by the
, amendment of the offender himself, for which purpose
, all corporal punishments, fines and temporary i'm
p%risonment are inflicted; or by lettering others by the
dread of his example from offending in the like way.
, ut p9na, las Tully expresses i) ad paucos metus ad
= onnes, perveniat,-o lastly, by deprving the party
nlurlng, Of the power to do future mischief, which il
effected by either putting him to death, or by con-
demnlng him to perpetual confinement, slavery Of
n exile The same one end cfprerenting fiture erim~