Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-01-08

and would have be punished in the federal courts
and whether repeal or modify The a"' III tnis
oarticular il will make no dfcrence-the PUNISH
mont cannot be inflicted by the State. All honest
and sincere friends of good government admit that
pun shment ought in all cases to be IN proportion 10
the offence He would suppose two cases ohe'
man following his victim for years-pursuing MN IN
the dark lanes and alleys of life where all was gloom
and solitude. lie attacks him, but, through some
mschancc. fails to affect his purpose. His victim IS
on,v badly injured What IS his punishment! I'M
prisonment In the State prison. The other Is man
of noble and generous feelings. lie is hmsei' uie
victim Of SANDER, his wife Character WHO" II
drarer to lm than his own, l. traduced oy the tceuc
of calumny and detracton. lie too pursues his vac
tim and under mistaken zeal for his own or ms
wfc's reputation. takes deadly ann and kllis
the slandcrer His punishment must be deatn-the
other merely forfeits his liberty and his character
He asked gentlemen to pause and consider the me
quality of the law in this particular. lie would
leave Discretionary power with the jury. and If they
failed to do right. he believed was recently tie
case IN Illinois, let tue Governor be appealed To-
Men have been sometimes convicted by base perjury
as he believed the fact In tie case OF the Longs
He believed the younger Long innocent, as lie
protested his innocence to the last and his brother
when the rope broke. and he found himself standing
with foot IN eternity again protested that he was
innocent. He is dead. The cold grave encloses
his body, aud his spirit as in the other world lie
n
drcd jurors called, who all conscentIously
believed ii was wrong To punish with death. He had
almost wished that he had lived IN that community.
These, Jurors, If not challenged by the State. would
be compelled to sit. They must bring in verdict
the punishment of which must be DEATH or they must
do violence TO their oaths and convict of murder
the second degree.
Mr.. Lowe contendcd that there were instances
where State would be authorised to 90 To war, and
hence there might be treason against the State GO
,ernmeni.
Mr. Seawright said, that he rose for the purpose of
making few remarks this subject.
What SIR. said Mr.. =. docs this bill propose II
proposes to do away capital punishment, and subsii-
uie solitary confinement, perhaps hard labor IN
the State prison for life. One gentleman tells us that
the present law is cruel that 1t is relic Of the
dark ages, and therefore should be stricken from the
Statute Of the State. Another gentleman tells
that II Is Judicial murder and calls IT all sorts Of
ScGrry names.
ask these gentlemen, and ask you. Mr.. Chairman.
which i the most cruel that which cuts the brittle
thread of life IN moment, takes life by slow but
certain process. Surely solitary confinement is the
most cruel If the two.
Sir, the question with is. and should be with
every gentleman who votes on this question which
would be the best safeguard to society and the great
est to evil doors that law that says TO every
man, imbrue your hands in the blood of your fellow
and your life shall pay the forfeit, or say to him you
shall be sent 10 the State prison for life Every per-
son AT all acquainted with human nature must know,
that the very idea of death IS the most har-
dcned OF the human race; they afraid meet
the king Of tcrrors and has most powerful infu-
ence IN restraining men from committing horrible
deeds of murder Ii has been found necessary, in
every age of the world, VIII, rcver civil society has
been formed TO inilict capital punishment in some
form. Have the people of Indiana become refined
that they need not dis restraining influence Sure
", Indiana Is not much in advance of the other
of lp EpV If hon 4 Ia~
abolished capital punishment. We have had bill
after bill for every session of the Legislature that
has met here for several years past, and without
success and SIR hope this bill Will share the same
fate while we have men That WILL in cool blood take
the life Of their fellow men.
believe, sir, that that who would, in cool
blood plunge the fatal dagger TO the heart of his el-
low. who would approach your house under the
cover of night and hurry into eternity the inmates
without regard to age Sex or condition, should be
hung by the neck until he is dead. And | believe,
sir, am borne out in this by the word Of Inspiration
itself Gods covenant with Noah was, that at the
hand of every mans brother VIII require the life of
man; whose shedeth mans blood, by shall his
blood be shed.
On what, sir, is our judicial law founded 1t is
founded upon the moral law of God and Just in pro-
portion this law is adhered to- the proper
ton is the moral condition of society. |, SIR will
vote against the bill IN any shape that will abolish
capital punishment.
T. IL
upon the House; but he had to vote he would
give some of the reasons that induced his course
He IN favor Of abolishng capital punishment.
Connected with indictments for murder there are al
ways mitigating circumstances vet the Jurors trying
the persons indicted cannot convict because con,ic-
ton would cause a severe punishment than they
were willing to infllct and consequently many a
scoundrel had escaped, because the jury would not
consent to take life In regard to capital punishment
lie referred to the old law, where persons pun
ished with death for witchcraft. lie introduced this
to show the truth of human progress He then asked
why not progress IN our system of Jurisprudence! If
the old laws viii not the purpose intended by
them. we should enact others. The gentleman from
Monroe had said that foreigners were coming into
the country and the lower orders of these might COM
NIT crimes worthy of death. In reply to this. he
remarked that if look the reports of our State
prisons, will find that comparatively few foreign
erS were imprisoned. In our own prison there were
only SIX foreigners and one hundred and fifty native
born citizens. The old Scriptures had been referred
to- ard that passage quoted, which says-that he who
shedde mans blood by shall his blood be shed:
but this done away. Another and a better state
of things had taken place, prophesied BY the old
Scriptures. lie was in favor Of solitary confinement
at hard labor
The question was taken on striking out the word
4" solitary and decided in the affirmative
The question taken on adopting the amend
ment Of the gentleman from Hendricks, as amended.
and decided in the affirmative.
The committee then rose and reported the bill and
amendment to the House; which concurred in.
The bill was then ordered TO be engrossed, by vote
of ayes 13, noes 10.
Mr. Hazelrigg then moved that the rule be dispens
ed with and the bill be read third time: which
motion prevailed and the bill was read third time
and pasSed-ayes %, noes 20.
DREADFUL AccrDENr.-On Friday, the 18th inst,
Al n