New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-08-19
Crime and Punishment.

To The Editor Of The TribaHs
Have a little patience with me, Sir, as the point
presented you is an important one You seem 70 60
round IT, and to very it, and yet not exscuy
TO touch it. You still speak Of the outrage and HroAS
d ~, m, oral sense but hat do you mean BY this
moral sepset II you intend only sense OF pnyscs
Inconvenience which each one may fear as possibly
happening o himself then you give very nignsouno
ing name 10 something of g much Inferior grade. we
both agree that crimes infct grevous injury
upon Society that they tend dimfnish the sum Of
human Aappiness" But here 10 the point Are they M
moral solely because they tend to diminish human hap
pnessl DO they tend to diminish human happiness
mainly because they are immoral
Again a. to the OF the happiness diminished
If we accept the first Of the above propositions we must
exclude from the idea Of such happiness all considera-
,ioos Of moral kind in distinction from the physical or
we come round again In circle upon the ground oil the
second hypothesis 1t the moral element-the moral
tslnt-which 10 the chief ground of the EnAeRpiHe''
This. therefore must go first and must not be brought
in "a dyrns lis own existence from that which hss no
true existence In the highest without It, II 10
thi. which mainly and primarily breaks up the peace
of families" Itis this which shocks the moral sense
II IL this which furnishes the main occasion OF that
deadly injury the community against which the Law
ought to provide true and severe retrbuton
Now this moral sense this moral ground, which 10
above considerations Of merely physical iocon'
yepence may have It's origin in the law of Sod written
or nm written IL may be inseparsbe from the DIVINE
constitution Of the human conscience or consciousness,
some may regard II as connected with deInsive iee'
ing operating false restraint upon the tPieuresn
motions OF what tends to increase and diminish nsp'
pness Be it ho~ever as may II must De tsken mo
The account AZ at present fixed fact Ia human nature
The Legislator. therefore, to whom Htha hamannn
asnHn must 10 some way regard II he cannot rest
IL ne an Indifferent element Ia jurisprudence lie cannot
be- neutral He must either utEdfooe h claims or ID
lure it's vitality
Without wishing to trespsss your columns have
called your attention 10 q distinction which deem OF
dsv WIN you ok sgein at II Perhaps my necessarily
brief statement does not do II justice am ssnsneo,
however. that In 40 argument where tsele ~
primary terms and primary ideas 1t could be made good
seaiust all opposition from that school which denies 70
human law any strictly moral sanctions uniess disguised
under physical spect and reduced 10 physical grounds
Remarks
As the driit of our correspondents two argu'
ments seem to be to show that we agree with him
in sentiment more nearly than we are aware oil or
will admit, we do not to proong the discussion
He understands, of course, that we consider those
acts immoral which tend to diminish the sum OF
Human Happiness andUice Versa-though we think
and we do not care to debate it now To discuss
this whole subject thoroughly would require ten
columns where we can spare one for it, and the ar
euments pro and con, would seem bot heavy read
ing to the mass Of those who catch up Newspaper.
OF course we hold that certain acts are to be re-
pressed by legal penalties, not because pain was
inflicted or injury specially done in the particular
case under consideration, but because the general
tendency of the class Of acts to which this belongs
is 10 diminish Happiness and increase Misery.
This is the point we were aiming at in our reply
TO the Albany Atss-nsmey that punishment
should be inflicted not mainly to avenge the injury
done TO the individ ual victim OF Seduction, nor yet
merely to protect the class Of legal infants from the
wiles Of the hbertine, but with view to the gene
raj effect Of Seduction mot alone Of children undei
ISL on the welbeing of the community l"l
seems hard" whmpered criminal just convicted
and asked what he had to say for himself that I
man should be hung only for stealing horse. =
..You are not hung" replies the Judge, "tor steal
ing a horse but that horses may not be stolen
When we urged that Seduction should be pun
ished to sindicate the moral sense OF the commu
nifty. we referred directly to the sentiment OF Jus
tce and Impartalty. which seems to as to be gross
" outraged by the punishment OF Theft so severe
ly and Seduction not all Whether the Mors
Sense properly requires the infection OF pain al az
save for the sake of REFRESHING and preventing 10
ture evil 10 a distinct question. which we did nc
intend 10 raise and we think did not In rePlyln
N the Atlas. Ed Trb