The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-18
Capital Punishment-Ought It to be
AhOllaheSl

Capital Punishment-ought 1t to be
Abolished
The only remembered saying of q worthy
| alderman in London, has been the motto of a
very numerous part Of the community" the
very worst use you can put man to, is to
hang him" Another might be advanced, not
exactly agreeing with the one from the orac-
ular jaws of Mr.. Wilkes" the best use you can
put murderer to, is to make an example Of
him"
The arguments generally brought forward by
those who advocate the abolition of punish
ment by death, seem to regard ore the perso-
nal interest of the condemned than the welfare
ofthe community and on this ground, especially,
the whole oftheir particular ism, is falsely founded
! Were an instance of murder the last one to be
committed, or a crime of rare occurrence, it
might be well to punish the culprt in manner
referring to himself alone but as long - intem-
Perance and human passions hold their present
sway, 1t is necessary TO show something more than
imprisonment, with ultimate hopes Of pardon, in
terroum over the heads Of murderers.
The usual substitute proposed by those who
would abolish punishment by DEATH is imprison-
ment for life and if looked at either as prevent
i've or cure is utterly inadequate for the attainment
OF It's end. AS preventive to the commission Of
murder, degree of punishment is required, the
anticipation Of which will not only restrain the
workings of deliberate revenge, but which will
! be curb upon the effects of momentary passion;
and those familiar with human nature are we'll
aware that there are many who would be willing
to endure years personal suffering, for the gra-
LITIGATION of an evil passion; that many in cool
blood, would take the life of an enemy, even if the
/ act was to be followed by certain apprehension
and continued confinement; but even this is not
looked Tor; let our State prison records be exa-
mined throughout the Union, and hardly a single
instance will be found where a criminal sem
fenced 10 life imprisonment has not been par
doned, or been suffered to escape; and in this way
the crime oigrand larceny often meets with actual
retnbution heavier than cold blooded murder
The burglar, sentenced to seven or fourteen years
( lmprsonmcnt serves on, b time; the murderer
sentenced for life, at the expiration of less NUN.
/ Der OF years, becomes a free man, with the same
/ passions that led 10 the commission OF q murder
strengthened in vice by prison society, and the ma
/ tural moroseness attendant upon his situation. 1t
cannot be doub ed but that every prisoner ever
sentenced to perpetual confine ment, commenced
his term with hone, almost approaching to a GER
tanty, ofspeedy release; aud instance orthis,
we find Seenburg, who, when informed that his
sentence OF death was commuted to imprisonment
for life, danced and shouted for Joy in his CELL"
One TACT like this is unanswe rable reply to those
who argue that imprisonment Of any kind can be
more influential than the execution of that law
which demands blood for blood" i he man,
too, in New Hampshire, who, short time since,
declared that he never would have committed 10
murder, had he supposed he should be hung for
it, and that he thought capital punishment was
abolished was, if his statement is to be relied on
nothing less than victim OF the pseudo hilan-
tropists who gave rise to the false opinions by him
entertained. So long as punishment is used at
all for the prevention of crime, it must be of
nature in which terror shall compose principal
ingredient, far as it may be compatible with
justice; the day has not yet arrived when mild
ness and moral suasion can be spoken of more
than as empty theories.
The next thing to be regarded, after justice is
done to the laws and the community, is the well
fare of the prisoner hmself and, in nine cases
out of ten, the personal condition of the con-
demned is preferable, under sentence of death, to
what it would be under the prospect OF confine-
ment Let the prisoner, after his conviction of
capital offence, understand that his anticipated
execution is changed to imprisonment and the
reaction Of feeling is such that he receives n Dor.
ton of happiness, mingled with hope of further
leniency; and his comparative prosperity, like
that of men ignorant ofadversity hardsns the heart
TO all moral influence. The more his success. the
less his repentance But when the murderer, the
incendiary, the violater of female chastity, re.
alizes that his sentence is unaerable az the laws
OF the Medes and Persians, the future becomes
too near to the present to be dsregarded The
I Of ind ,h,
eternity, when favorable, is often mentioned by
the advocates of the ant-hanging class as reason
why the man should live but had the criminal
expected liberty pardon, all of the fear which
effected his repentance would have been lost
and it is infinitely better, in religious point of
view, that man should be hung, if inaae a
Christian by his anticipations of death and judg-
ment than be allowed to live, curse and an out
cast of society. Very few of these who graduate
at our State prisons exhibit any visible mprove-
men, in morality but of those exec uted, there
are but few who do not show a subdued spirit at
the eleventh hour. The advocates of the abolition
ofcaptal punishment say, "the minute a man be-
comes Christian, he is hung" We say that the
rear OF death is all that could bring his mind to a
state where Christianity might act.
But setting aside all logical pleadings strict JUS
u0e oeIhahus that mui derer should be punished
ny DEATH On mere abstract views, mildness may
seem plausible, but let any man see his father or
mother, relations or friends struck down by the
assassin's blow, and each one Immediately looks
Tor the death OF the culprt if this is to be escap
cd by legal flaws or misplaced mercy, how often
does outraged public opinion take Justice in IL,
own hands, and the popuace, by summary mo-
ceedings, do what justice requires Were can;,.l
/ punishment abolished, lynch law would beco,oa
prevalent to degree that now can hardly bo 70
alIzed IInpulsive retnbution would acknowledoo
no mistaken ideas OF mercy
The only remaining argument, if it can be call
ed such thai IA used aua1nsf On nital r,u.;.l-.