New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-05-01
syindicating the Law

To The Editor Of The IrtoEHe
Less than hundred years ago a certain Editor
OF Morning Paper was Indicted for criminal Oh
fence against the Laws Of the State pleaded guilty
and was sentenced 10 imprisonment The majesty oil
the Law though, the time, was about to be vim
dcated and made honorable By bis voluntary surrender
and self dedication whatever form OF punishment that
Law should dictate; AID it was considered oy many
sober minded persons that his apparent coneon eugn
10 secure him the indulgence OF being employed at the
Prison In such capacity clerical or other as would
someuhs, tighten the severity Of his sentence This was
then thought 4 Eradication Of The Lag Petitions for
pardon poured into the Executive Office and his case
was proclaimed of decided persecution that
Executive interference being invoked with success the
n,erposition of Philanthropy released bin from the In
convenience Of the sentence.
Many friends of Law and Order were somewhat
shocked at this mode Of YadicaiHg the LGn but they
abstsned from any opposing interference They never
,heless had philosophy OF their own on this mat
ter and doubted whereuuto this would grow fearing
that the c1udty OF their notions did prevent their
arriving at just and wholesome conclusions
Time has passed on leaving them IN stdtu quo as TO
doubt and uncertainty when suddenly appears, in q
New.York journal printed yesterday. the following
beautiful and soundly philosophical remarks on The
Eradication Of the Lac
"VrSpIcAT1os OF THE LAw."-This phrase in
former times was wont 10 have some meaning. IL
was understood by our fathers importing some
thing substantive When they spoke Of having the
law indicated they meant by it, that violations OF
the law were 10 meet its sanctions and that crime
was as far as possible be visited by Its Rppropri-
ate punishment. They certainly never meant TO
make il mere mockery. Ii was not considered
sufficient that offenders should simply go through
oC rt,I ,-i,tfnp md
set at liberty as soon that ceremony was complied
with When the sentence was fully carried into
effect the law was vndicated-not before. The
sentence of Court was not looked upon as the
last act necessary 10 the ends OF public 1usuce.
The mere formula was not held to embrace all there
was of substance in Judicial decisions With our
fathers il was usual TO consider the enforcement OF
a sentence On pretty much all there was about it,
and very likely to vndicae" the law Of the land.
or protect the rights of society. They would have
looked upon it very paltry perverson oil com
mon sense TO end their dealings with thieves muir
derers or incendares as soon rs the jury had con-
victed and The judges had sentenced them 10 the
pen,eniiary or to the gaows. Instead OF vindi
cation they would have thought it the veriest rltlng
with law and justice stop al the sentence without
CARRYING that sentence into execution
Modern notions are altogether different. Modern
philanthropy has taken another direction altogether,
and transferred all its pathes from the sufferers
by crime to the criminals themselves. man may
be murdered nowadays without exciting any special
feeling for the victim or his family. but the severe
sensibity of your modern phanthropist is perfect
" exquisite toward the murderer. He will tell you,
10 be sure ,he, he holds il proper to vindicate the
law but he seems 10 think the vindlcstlon com,
pete as soon as sentence is passed. II is his well
settled opinion that it is judicial murder TO hang a
murderer though he acknow ges the propriety OF
sentencing him 10 imprisonment for life, and he Is
equally clear in the belief that the law Is perfectly
satisfied when the judgment of the Court is pro-
nounced If the convict is so unfortunate as 10
reach the prison before the interposon Of philan-
,hropy has released him from the inconvenience of
the sentence petitions pour into the Executive office
for pardon before he has been within the walls a
week, and his case is proclaimed case OF decided
persecution unless he is released before his term
has half expired.
Ii is sckening TO see such perversIon OF principle
such utter disregard OF all sound doctrine and
safe practice. The most salutary and ethcaeious
feature the whole code OF criminal Jurisprudence,
is the certainty OF punishment Whether the judg
ment OF court be or TOO enient II Is OF
the hghes, moment that it be certain for upon that
depend the good effects OF all legal sanctions, and
here are people using all their efforts to make pun
ishmeni altogether uDcer,ain, and TO multiply every
crimnss chances 10 commit crimes and 90 after the
formality of trial, unscathed OF all punishment
-