New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-23

,,oli,ion Of Capital Punishment.

a the Punishment by Death has for several years,
sgi,sted 10 a considerable extent the public mind
-. only in this State but throughout the civilized
world An increasing philanthropy has looked
with horror and disgust upon the cruelty and vim
Sie,yeness Of the penal codes enacted during The
aces Of darkness and barbarism and better
troxledre Of the true ends and measures Of gov
epmeni has found them wholly inadequate TO secure
,be object for which all laws should be Instituted
Iegislstors convinced Of this fact, have steadily
though in some cases tardy, progressed Ia modify
me- and melioraiing the seventies OF punishment
,ll oor statute books are nearly redeemed OF their
merciless and unchristian retaatory character 10
complete this REFORM 10 abrogate the Draconlc code
N wine out the las, stain Of blood, TO purify the
State from the faint Of cruelty and revenge and 10
,,t ,,blic declaration in favor OF the invioabll-
h., M bnman life. as the special gift OF God, Is
,,o,l of the present time, which it's dcvouty to be
hoped. will be thoroughly performed by the genera
ton now living. L, l..
Tbi. subject has been several times brought be
e, ,b LEGISLATURE Of this State aud in one case at
least IL was patiently aud thoroughly Investigated
and In several II has been iavOrably reported upon
nv committees 10 whom IL haa been referred Hiih
erro no final action has been taken upon II by That
body This neglect TO complete reform 80 plainly
indicated in the spirit and progress OF the age VA
which we live. can be accounted Tor only from inc
fact that no united and rcsouic effort had been made
on the part Of the part Of the people m way TO
ascertain the popular will and to move that BODY 70
execute H.
We believe large proportion of the citizens OF
this Saie are in favor of taking down the galows,
and substituting in is stead imprisonment for lie
In proof the correctness of this opinion we refer
10 the difficulty which every where attends the
snpanneling OF Jurics. before whom capital Of
fences are 10 be tried and the violent death of a
fellow being is to follow verdict OF guilty, or IN the
still greater difficulty of obtaining such verdict IN
such cases What is more common. IN the opera
ton Of the present system OF criminal Jurispru
dence than the acquital OF persons indicted Tor cap
ha offences by uric- which al the time OF render
ing such verdict, ta.eesd them guilty though not
beyond reasonable d0abt p Ii Is not unirequent
that persons nave been capitaiy punished who, II
was afterwards found were innocent of the crime
Tor which they died By tie ruling OF our courts
10 Jury is allowed 10 render verdict of guilty, SO
long az doubts remain, aud every generous feeling
Of the human heart approves the decision. rev
are the cases where On ingenious and eloquent adyo-
cate appealing 10 their warmesl sympaihles fails
10 raise ~ dOaM Ia the mind OF some one on the
panel and as the standard maxim OF the law is, ii
is better that ninety and nine guilty persons should
90 clear. than that one should suilcr innocenuy,
there j. little difficulty in cheating Justice of her de
mands So often is this the that a man on trial
for murder stands better chance TO get clear than
be who is tried for a less offence. 1t IA TO sustain
good laws and the ends of justice IA well as
to spare human life, that we plead for the abolition OF
the galowS
The frequent cases which have occurred, of late.
where the sufferers have persisted 10 the very last
moment IN asserting in the most solemn and en-
Phac manner their innocence of the crime for which
they had been condemned TO die, even after they had
given good evidence of religious feeling and expo
Ience and when the hope of life remained no long
en- as well as those cases where innocence is so
clearly proved has iorcbly impressed the whole
community with the great danger the extreme I'M
certainty OF these judgments. which can never be
corrected-of inficiiuc those punlshments 50 fatal
lhsl 90 discovery alterward can produce ausht but
keen aud poignant regrets in the bOsoms OF those
who have been guilty of cOndemning the innocent,
d taking life under false apprehensions which
cahno, be restored when the truth is made appa.
rent 80 frequent are these cases, and SO marked
ineu influence that, IN short time, all men suitable
10 perform so solemn duty, will utterly refuse To
=. as Jurors on capital cases, and the execution oil
weaws must then be entrusted 90 that portion OF the
community who will feel no regrets when convinced
nat they have she'd innocent blood This Is another
reason Why The calows should be taken down.
We are no; unaware ofthc fact that in some minds
Nere remain strong and TO them suiliccn, obIec-
IONS 10 the reform we propose aud that others ap-
'oach The work with great dihdence and much
trembling. The cause of this lies. we are confident
more m want OF correct information IN reference
me principles involved the evils resulting from
"T"orkng OF the present systems. and the meas
s's Supposed towards crimes now punishable with
1'ai 'han from any disregard 10 human life, or wish
Perpciaaie the reialialory laws now actually or
,i'nil IN force 80 disrepuiable TO Christian age,
11o productive OF - much injustice and crime. IL
nv 10 erdfc but 10 secure the ends OF justice. not
'a''case but 70 prevent crime, that We seek the
soOsa'lon Of the Draconic code
me experience Of all the past suslains rs IN the
Vs.oa That good alone can overcome evil, and
sadaesS ensure obedience These are primary
~1Nims IN Christian ethics. The records OF crimi-
a. "altS Is well as the testimony OF every day
alton prove concluslvely that severity of pun.
,A1a' Is no prevention of crime but, on the con
10y lends 10 Increase H. Aud il is equally true
~a Where the laws have been 50 modified as 10 &C
- NNh me spiri, OF our holy religion and their
E's - 'e'aNSd rs 10 make punishment rcasOua-
N'0. corresponding Improvement in the morals of
~ceiy has invariably followed. Wtaess the soft.
N1h uvNh oi 'oe criminal codes in every civilized
AIN, o"' 'Nc happy results The sbroraton of the
s Su iS""''y ior many crimes, both in this country
80 /" r. iopc mas has never been found To endanger
t'''v ana safety OF society nor 10 incrcase those
-, Noov'E cans lor The rcenactmcni OF laws
n -, $3.50 - 100 ''tft>Yt firfJnFV, &c. The
49, " NE death law IN Belgium. Tuscany and
nusSa were followed by no increase ba, a. sc,noi
SHnnu1lon OF the crimes before punishable ,,itb
Ian Ia our State and ia several others the la,,s
ioan'ing death for four crimes have within s.
!eArs beea repealed. Nobody COMPLAINS or
- 'orir f,e.iaolishment Three crimes only Az,
-" Punishable with sirangulaion. and In few cas,..
pea these laws enforced except for murder
m. 'f''ioo is mightitr than statute books
- - usumeni tina, the galloNs presents examines
sh,,fo u'e o crime, has long since been practically
p,sr'' IN MS State, aud in several Others
-, hanging had become 80 extensively perpi.
~ .N vas found Necessary To remove The nor
sw,, ''e ifcm TIE soze of the masses and hide +,
DO, ~ corner where the death struggles of Inc
ne. s'l'eieis might b. witnessed only by H.. ar,i
49, 'Hiaous and discreet. Wbat i This I'm,
u.s,i.. soAnaonncnt of the ground that the death
ss5 ~ = necessary 70 preserve the public salst,.
s!is,s~l Rom crime 2 WHY not then remove il
w1ltt'nef That must be a questionable logic
he e,, .On,rnds tor the sala,ery influence Of law.
Ihe people '''' 4" NOES away from The sight
a., oes'sn OF this Circular is not to produce the
bs,I . boz aoolishing the death punishment. bat
Ia. -POH The friends Of reform and urogress I'm
N,,,'- 20 prepare themselves for a united and
VIII, effort 20 accomplish that ohiec, the coming
possible, or, a. soon as NAV be
Nex ~ Society was orgauix-d in the City q:
devil; more than year ago for The purpose of
rri,- and recommending measures and concen-
obec, N,e means 10 accomplish this most desirable
..tI -.