Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-11-03

! rlSnture hnd cOHimuted, save one-nnd mat was a
where the prisoner proved TO be innocent There
was no danger in leaving this to the legislature for
they could be instructed by the people if Justice re-
CURED. He also surprised by nh objection that
this amendment would render punishment less Ger
tain. il was not So as the power to pardon was not
given it was TO commute, and either death or solta-
ny confinement would be the certain punishment, I'M
less the accused proved to be innocent and here he
suggested the effect of Communication under the old
law which had been to put the murderer, not in soil
tary confinement, but side by side with persons con-
victed of minor offences. He denied the RICH, to in
| ilct the punishment ofdcath, aedging that the drec-
ton to Noah proved too much, if construed a
mand-tha ii would bring TO the gaows the maniac
or the soldier who should STAY a man. or even one
who should accidentally kill another. He believed
that all history showed that crimes decreased the
rgor Of punishment Ind been sofiened, and insanced
ancient Rome Russia, Tuscany, Belgium and within
the Unlon Maine where capital punishment had been
either abolished or restricted.
Mr. Sergeant said he alarmed at the progress OF
crime. and theprevalencc of what had well beee
ed sckly sentiment of sympathy for convicted Grim
mails, and he demanded the authority for the state
ment that crime had diminished with the diminuon
OF the rgor Of punishment. At the beginning the pun
lshment Of death universal and murders rare -
but now, when the spirit of amelloraon has come
upon us, every newspaper is relghed with horrd out
RACES and murders. AT the very point where these
ontrnges most frequent and life least secure-nt
| the South and West-there the punishment was not
| vigorously inflicted This increase of crime was
| alarming, and he would warn those who believed in
tue nUlnOTlly OF fe STATE 10 nlCt tC punishment oil
death, that it was no time to relax Flooded as the
country was, and is TO be- with a foreign population,
embracing many who fear nothing but the law and
are to be checked only by legal restraints this seemed
| to be the time rather for increased rigor.
| Mr. Read also opposed the amendment regarding it
as substantially embracing the alb lon of capital pun
lshment In this view, he thought it proper TO bring
! to mind wha, the laws now are-the requisites for
conviction, such as the verdict Of one Jury to indct
aud another to try, TO which the accused hal so un
limited right TO challenge that he migh be said to
cho"se his own iurors-thorough examination of evil
dence on both sles with rules Of ev dence to IA
vor the prisoner; and all in the pres nee of an i'm
partial Judge, who will at last instruct the jury that
a reasonable doubt about the question of guilt the
prisoner must be discharged. Every advantage was
given to the murderer 1t was now proposed to give
another trial BY The legislature, which could do away
with the punishment. Would that body patiently in
sigaie all the evidence and calmly and deliberately
weight? He thought not. The legislature came for
other purposes, was pressed with other business and
wond be liable to decid the great question according
to the feelings Of the moment-or, as had been well
expressed the other day by the senator from Windsor
(Nr Dutlon by the tears and entreaics of lriends.
This liability to let the murderer escape great,
and he could not It feel that in the decision of this
question the lives of his fellow ctizHns were placed in
their hands That feeling prompted him 10 insist that
the murderer sho"d be punished and he would Al
most hazard the opinion, that the adjustment of the
punishment of death would be unconstitutional. That
instrument recognizes the punshment-and at least
implicitly commands II, by prohibiting the Governor
IRON, III capital cases. lie feared mat re-
taxation of punishment would encourage the crime,
and he denied that other countries had succeeded
in their experiments of Al oishng the punishment.
MIR Dution wthed to correc, one error. 1t h ad
been said that the experiment had been tried in scvc-
raj countries in Europe. Russia had restricted the
punishment, and in some crimes had substituted the
knou, under which four out of five de and ho.c who
survive are sent to Siberia, never TO return except I'M
der penalty OF death. Belgium, for few years suffer-
ed the punishment to be COMMITTED but crime incea-
ssd ana the punishment Of death was restored -
Tuscany tried it for three wears. and with the same re-
suit; and on the uhory Of Mr. Checver, and Others
he felt justified IN sayna that not single country in
Europe ever has totally abolished capal punishment.
Mr. Sabin slld that while he would moi agree with
the constructions put upon Scripture by the friends ol
this amendment he wen, with them on other grounds
Inc qnes ION with HIM was can Hc lessen the nmo nj
OF physical suffering, or the rigor Of punishment and
be safe! 1t had been done and he believed with safe
~, md he suggested that those who condemn any
communication of punishment must he careful lest they
condemn the civilized and christanizcd world The
| time had been when death, by the wheel or the rack
by fortunes and by fire, had been deemed necessary
and right; yet, has crime increased by dispensing with
these fortunes, and would any man say that they
should be rrsoredl He thought not. BY cautious
and gradual change, brought about by the spirit ofph
lanlhropy, the rigor OF punishment had been vastly
lcssened, and he was not sure that we must stop a
this point. The sef-denying and benevolent efforts
of Howard had vastly amelIorated the su.larings n
criminals, and numerous associations vet carrying
on that workout he had never learned that crime:
had increased or society suffered from their efforts.
ha! indeed been said that crimes had increased bn.
! he suggested, something of that increase must b,
charged to the Increase ?fpopalaon, and especial,
the large portion from !orcS, ia3ds. In reference L
the action of the legislature upon eases winch nigh
be brought before them he snIi he should not ,rarC
1t new trial. From the known character of oul
laws and courts, he should regard the convict as
murderer, and that the only question would be- wheh
er solitary Imprisonment would be safe for coninuni
". Ii 50, he would let that be the punishment.
Mr. Butler explained that he made his Statements
as TO Europe on The authority of Mr. Cheevers oppo
nent. They, thus far, conillcted as to facts.
adopted as follows:
Ayes --Mcssrs Bass, Bingham Briggs, Butler, Ca
hoon Camp, Farr, Green, Griswod, Morgan, Mot
Philips Plumb, Sabn Scott, Sprague, Thompson.
Noes-Messrs \. Allen L. Allen, Cults, Duttor
Field, Harris Hubbard, Munsi, Porter, Read. Sal
! gennt, Starr Sone-l3.
On mouon of Mr. Briggs, the bill was further amen
ded bv fixing the time for issuing the Warrant at tire
months after the sentence OF dea h is passed Adj
4 SATURDAY., Der %.
r SENATE. Prayer BY the chaplain.
. Resolutions. By Mr. Scott, instructing the con
l. miee on Grand List II enquire into the expedlenc
. of passing law aulhorisng the town listers to al
. praise the real estate in the several towns,
II three years passed From the House, proyidlr
!, for the adjournment of the General Assembly q
f. Tuesday next, At o'clock, a. NJ. Mr. Briggs move
~ to amend by striking on, Tuesday n, O'clock
a. NJ" and inser, Wednesday Is, of Novembcr adoI
. ted and then passed. From the House, for the a
a ponment OF day Of Thanksgiving. Mr. CahoC
=. moved to amend by striking out nth day OF Decor
=, her," an inserting last Thursday in December 10.
10 The resolution was then non concurred in.
NJ Reportof Committee Mr. Briggs from Judicia
nj committee, reported House bill for the relief of San
n DAVIS read third time and passed.
in The Senate tool. up The bill relating to assignme
Of of property supported by Mr. Farr an opposed
If Mr. Butter. On motion Of Mr. Button laid on the
no BILE for amendment.
on Mr. Camp called up the bill relating to the build
cd and repairing Of bridges. Mr. Camp moved anne
ba by directing the seectinen instead highway veyo
!, 10 rebuild or repair bridges which have cen sudden
he destroyed impaired if in their judgment the ST
he bridge ought to lie OF a greater length than fife
H. feet directing the tax to be assessed by the seectm
for the above purpose in certain cases. to be collect
"a, and paid into the town treasury other taxes a
'' by the time limited by the said selectmen; adopt
=. The bill was supported bv Mr. Camp and opposed
iis Messrs Cuhoon and Field and reected-yeas ma
, S Ia.
by The bill relating to banks came fiom the Ho'
"a with the non concurrence Of the House in the
"a" me ut Of the Senate On motion of MIR Starr the 81
w ate resolved to recede from their amendment
en- The resolutions of Massachusetts were referred
ne the committee raised on that part of the GovernC
ne message which relates to ,avery
rus The Senate took up the bill relating to eXempt
'p from attachment of three swarms OF bees and Il
70 product in honey Mr. Read moved to amend by
" ding bushels of wheat of the growth Of this state