The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1844-03-29
6 " Al d \ / q 4 I / b N s
For the Spirit ofDemocracy,


this article, no doubt feeling conscen
tiously opposed to the existing laws
sanctioning the unrighteous inflictiono
punishment with death, for capita
crimes; challenges discussion, with {
view, as he expresses himseli, ofcallina
Your patrons and the citizens of this
commonwealth, to consideration oil
this subject. Agreeing with the gen
tienan, that the present state offeeing
upon this topic, demands its investiga-
ton, propose. by your permission,
through your columns, 10 assist my
friend "M,"to the the extent of nv abii-
ltles IN investigating the right which d
human tribunal has to pronounce the
sentence of death upon fellow being.
tits wished, however, that it be in
the first place, distinctly understood,
that It is the right. the authority upon
which the business of inflictng capital
punishment has heretofore been predi-
Gated, which first claims the attentions:
and hit can be successfully cstn bIshed,
that such right has been conferred to
s human iudicatory, the expcdency
Will be inferred as u necessary conse-
quent; since it may be taken as a max
I'm, that whatever is right, is also expe-
drent. 1t will not be denied by any
reasonable being, but that the interests
OF mankind, individually and collective
", require the institution Of govern
ments, and also that man in this rela-
ION IS necessarily subjected to certain
mandatory and prohibatory restric-
tons. In fact it becomes necessary,
IN order to the very establishment and
maintenance of governments, and to
the preservation Of the rights and i'm
munites of citizens, that certain laws
be recognised, regulating the duties and
conduct OF the individual members of
community. These laws, or regula-
tons require to be adopted and sane
toned by the persons whom they are
intended to regulate--yet their reiec-
ton IN form does not cancel the respon-
slbIlity under which all rest, to receive
those which have been given by the
moral Governor of the Universe. It's
no where found, that an invisible, SUI
pernatura' hand has drawn up a code
OF laws in the form of Statute Book,
Tor theregulatiDn ofstates or kingdoms.
The general principles upon which leg )
lslatlve action should be taken, have {
been communicated, ,and the right which
men have to receive and adopt them
made known. If it be admitted that
men, in public capacity, have a right
to enact laws, this fact itself evidently
implies that they have a right also, to
enforce them. This investiture of au-
thorlty cannot be acknowledged, I'M
less the right TO punish be recognised.
This then being promised, it remains for
those advocating the abolition of capi-
tai punishment, to submit some rules {
by which the infiction Of punishment ,
could be regulated; since it is not pre-
sumed that every CRIME should have
the same penalty attached. The ad- +
mission is made by all that crimes differ ,
materially in their enormity. If then, $
such be granted. equity would seem to t
demand that there be a gradation of f
punlshments. The enquiry may next Q
arse with a reference to the source /
from which we derive knowledge of c
the Nervousness of crime. and of the \
penalties which should be affixed to 4
special violations. This inquiry hoy d
ever, need not be pursued until argu- a
ments be adduCed in condemnation of n
the present system. A fort needs no n
defence until it is attacked-the walls f;
however should be to their proper o
height, the port holes clear, and the 5
cannon ready for action. r.
The individual, whose chronological a
Developments in the region of consci- n
entiousness, induce him 10 attack and ii
condem the business of furnishing capt. e
tally, should in compromising with his I
conscience upon this subject, take into $
consideration whatit requires to consti- d
tute any regulation, law, or enactment, e
strictly and unequivocally right. If
however, the gentleman who has direc- C
ted his attention 10 the law authorising Fl
The infection ofcapita punishment, has p
by fair deductions from proper premi- il
ses, come to the conclusion that the G.
principle is not based upon proper au- n
ihority; he exhibits the spirit of a phi I
in devoting his time and
talents, in opposing custom by which u
many, Gf he be correct) have suffered, m
and more inflicted, an unjust and un- ii
warranted punishment. al
My friend "M" appears to think, W
that it will be an easy matter to show IT,
that law sanctioning the inaiction of p
capital punishment, is contrary "to JUS ct
a. At