Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-10-28

CAPITAL PUNIsHMENT.-As will be OBJ
served by reference TO our report Of the
proceedings OF The Convention, PROPOSE
ton Las been introduced by Mr. Chase, of
Fond du Lac. for constitutional provision
TO abolish the death penalty. Probably il
would be about as well 10 leave this matter
TO the legislatures; but we do not object TO
the proposed Constitutional provision, as
we are convinced thai lis operation and in
Auences vii be beneficial, and only so
Pubic sentiment is-becoming so decidedly
avcrse to capita punIshments, that laws in
many parts Of our country prescribing the
death penalty, are, to great extent, dead
letter; and The consequence is, criminals,
In many cases, escape any pun shment at
OIL 1t is useless to contend against this
tendency of things. For our part. we are
not disposed to. Ii is but The progress of
civilization-the development of higher
humanity, which, in its course, is certain
70 sweep away every thing Of barbarous
and vindctive character in human law
providing, in lieu thereof, penalties of the
mildes, possible kind, such only as may be
absolutely necessary for the protection Of
the interests of society, having in view, at
the same time, the reformation and future
usefulness Of the criminal. Laws based
upon the principle of kindness and love.
are certain to be effective in the way Of
preventing crime and reforming criminals,
while laws based upon an opposite prlnc-
pie, such as most Of those yet to be found
in our criminal codes, are as certain to be
attended with opposite results. Philosophy
and experience alike demonstrate this.
Change our social systems and laws, and
have them established upon principles Of
benevo!ence, and who can doubt that we
should witness as vast diminution in the
amount Of crime, as we should in The amt
of human misery, which is prolific source
of crime?
But we did not, and do not, inte.d to
argue the question as to the propriety or
IMPROPERLY of capital punishments. We
must for the present smother the multitude
of reasons which suggest themselves to our
mind against the death penalty. 1t is evil
dent, as we before remarked, that public
sentiment is becoming more and more fixed
and decided upon the subject And the
question is narrowing itself down to this
Shall the death penalty be abolished, and
some other penalty substituted, more in ac-
cordance with the sentiment Of the doy,
which will not be disregarded, or shall
there be no penalty for the crime Of MUIR
der? The choice is not between capital
punishment, and punishment by imprison-
meni, but between the last and no punish
ment at all. So uncertain has become the
nflction of the death penalty, that if it ever
possessed any virtue, as means Of pre-
venting the crime Of murder, this virtue is
lost TO great extent. And that the re.
straining influence Of a law, certain in all
cases TO be administered, providing the pen
atty Of Imprisonment for lie, would be far
greater than that exerted by The present
law, 40 one can entertain a reasonable
doubt. On this ground, if we had no 9th
er, we should be disposed TO favor the abo-
lnion Of capital punishments by Constitu-
touaI or Legislative provisions.
o. In an Address on "The Present
Aga" and lis tendencies, by the celebrated
". L. Charming, we find the following
truthful and eloquent passages:
The grand idea of humanity, Of the i'm
Poriance Of man as mar, is spreading 81.
leully,bu surely. Not that the worth Of a
human being is at all understood as il