New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-09
Axioms OF the Great and Good regarding
Punishment.

Punishment.
In the Editors Table of the CALVARY IoSe''-
new Religious and Literary work just issued
at Auburn b. Rev. J. n. MAFFlTT and d. J.
HOWARD. we find the following excellent summary
Of Authorities on Capital and other sangulnary Pun
;sbment 1t is surely deserving OF careful conside-
ration:
CAPITAL PUS1sHMENT.-The philosophical and
nbanthrooic are every taking this subject into
consideration and in many places active measures
are in progress 10 effect the abrogaiion OF the
culinary enactment from penal statutes. We
9-e pleased TO see that papers have lately been
issued in New.York and Boston devoted to this
cause entirely The lofty minded men who planned
and promoted them will be amply compensated in
future periods for their noble and generous efforts 10
ameliorate human suffering. TO crush the spirit OF
revenge exhibited IN executions, and 10 dl!iuse and
increase knowledge among men. In proportion as
people become well instructed and comfortable. In
such ratio viii they become free from crime, happy.
and morally speaking innocent. We do no. know
that we can cas-, any new light upon this subject,
but we can az least join our voice In condemnation
of q system barbarous and condemnabe, and at once
unworthy of the religion which profess, and
The civilization we boast. We have preferred APP
pending the opinions of a few learned writers upon
the subject that those who in the habit OF sneer-
ing at the efforts of the acting opponents OF Capital
Punishment in New-York, Boston, Philadelphia,
ported by the wise aud the good oi other lands and
other times
The celebrated DR.. Hooper gives the ends Of
punishment to be three 10 redress the injured, 10
reform the offender, and 10 deter others. Now,
neither the murdered nor his representatives can
receive any redress from the death OF the ofender
and with regard to the other TWO ends, think II
will appear, upon close inspection, that there are
many continued punishmens, without having re-
course to barbarlties. that would be Tar more etca
cous. We cannot be too cautious IN deprlvlng our
fellow creatures of that which God alone can give,
and which it seems 10 me He alone has the right TO
take away"
Dr. Samuel Johnson more than eighty years ago,
declared as his opinion that :" il those whom the
wisdom of our laws condemned 10 die, had been
detected in their rudiments OF robbery, they might,
by proper discipline. and useful labor, have been
dsentaugled from their habits; they might have
escaped all the temptations 10 subsequent crimes,
and passed their days in reparation and repentance:
and detected they might all have BEEN had the
prosecutors been certain their lives would have
been spared | believe every tibet will confess
that he has been more than once seized and dis
missed and that he has sometimes ventured upon
capital crimes because he knew that those whom
lie injured would rather connve at his escape than
cloud their minds with horrors oil his death
About the same time DR.. Goldsmith wrote As fol
lows:-" AS ten millions Of circles can never make
d square, so the united voice of myriads cannot
lend the smallest foundation 10 talsehood. II were
TO be wished, tnen, t0al Vi CuttiHS h"dS
wretches a. useless. before we have tried their
utty land thus converting correction into ven
geance it TO be wished that we tried the re-
s,rictivc Of government, and made the law The
protector, and not the tyrant OF the public. we
should then find that creatures whose souls are held
as dross only wanted the hand of refner
should then find that wreches now stuck up for
long iortures lest luxury should feel momentary
pane might if properly treated, serve to sinew the
State in times of danger; that, rs their faces are
like ours their hearts 30 too; that few minds are
so base, that perseverance cannot amend; that n
man may see his last crime without dying for il
and that very little blood will serve 10 cement our
security
DR.. Southwood Smith publicly lectured against it,
and spent much of his valuable time in endeavoring
TO draw the attention OF the nation TO This foul blot
upon its esCutcheon. In one OF bis public declama-
lions he said" There is not an individual present
who has not felt. and who does not continually feel
astonshment at the folly and disgust and horror at
the cruelty at that tremendous shedding Of blood for
public offences, which the Legislature OF our coun-
try persists in sanctioning, against the voice Of al!
enlightened end virtuoos men, loudly and constantly
lifted up in condemnation of IL The system Is
worthy only of the rudcst savages, barren IN expe
dients, ana pursuing their object by the shortes,
course. # ia violation OF one of the primary and
fundamental principles OF the social state, II any
axiom which appears intuitivey reasonable and just
may be considered such princip pie, namely, that no
member OF the community ought TO be deprived oil
alone and the employment of his faculties can by no
expeden,, be made more conducive TO the good OF
society than their utter and final extinction. II Is
practically to affirm that the violation OF the rights
of society authorizes society TO retaIlGte 6y murder
that il is justified in extermnating, without even
attempting 10 reform that over his midnight lamp
the philosopher has waxed pale with thought, and
the legislator applied till attention has exhausted
ITSELF 10 the study of the wisdom and experience OF
ages only 10 rest nj last in the melancholy con-
cusiou that the best corrector OF the public morals
is the public executoner, and The most effectua
means with which civilized and enlightened men can
furnish him for his task the halter. ii this conciu
sion be indeed just, what heart does not bleed for
the sake OF humanity; II II be false, what cheek
does not feel upon ii the glow of shame for the
honor Of his age and country Surely the period
cannot be distant when the zeal OF the phianthropist
shall put stop to those horrible executions which
now so often exhibited in our streets with all the
solcmnity and pomp OF justice
Sir Thomas More, who was himself a victim OF the
AK. con,ended many years previously. against the
Unnecessary severity OF the laws. There are dread
FIJI punishments, says he, enacted against thieves
bu, il were much better to make such good pro,
visions, by which every might be put in
method how 10 live and so 10 be preserved from the
fatal necessity of stealing and dying for it,
1T may be safely pronounced says Barlow. in
his AGrlce to the Privileged ORDERS /" that State
has right TO punish man, 10 whom il has given
no previous instruction.
Ls"s says Zimmerman aCl amer CIthcS
have been committed; prevention goes before them
both"
Crimes" says Beccara, are more eifectualIy
prevented by the certainty than,he severity OF pun
ishment The certainty OF small punishment will
make stronger impression than the fear of one
more severe il atended with the hopes OF escaping
for il is the nature Of mankind be terrified the
approach Of the smallest inevitable evil while hope,
the best gift OF Heaven. hath the power Of dispel
ling the apprehension OF greater; especially il
supported by examples of impunty which weak
ness or avarice too frequently stiord Ii punish
ments be very men are naturally led 10 the
preparation Of other crimes TO avoid the punish
meu, dae 10 the first
Criminals" says DR.. Trusler. ough, not TO be
punished in anger and for revenge. but in justice
only to country and with circumstances OF ply tor
the minds Of the wicked are, as il were distenn-
pered by vice and should, if possible be reformed.
They are mostly unfortunate men, whose wicked.
- i..asssi sa;r,l