New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-08-14
The Rationale Of Punishment

Totk E<h0r Of The TTieHAe;
Having been a constant reader Of your paper
since is Grst estasst uleni b-ve Often oen *
osedtpsly snnoyed b. What seemed &c ne most eiHa
and peruefous doctrines At The same TINE me no my
excellent things uth which s5ounds, and the ADMITS
BILE tone IL msintars certain sunjees-esp-elal) "
rfereue@ 70 thi. Infamous Mexican Wsr-na7e ser'ro
10 hide from the view 8 gresi multitude o. is 'n'-
Tbere 4. slso sorsunes msrifts'aron OF heA'NJ
moral feeling hich out IN spite Of TIE neonsst
-. ,bso,,s. With which 81. connected Your course,
for example In reference to the aoomin-oi- Crimes
.dul,ery ard Seduction and your ardent advocacy OF
~ which the, may be sev1sly pusshed. are ~or'
tsv Of ali admiration and it msy Be hoped VII Orine
,a IN time To some better theoretical views respecting
0overpmeni a. moral power punishiDs for NOR con
.,a...aor, Ths.s rsnsrk. are suggested By the ioi
Iouing sentiment in your lsie reply 10 Toe Aosny A@
xo, merely that the immediate sufferers y tnis
,rr,. nav Be- ,heioed thst the ra0ra4 seafe p -
/ co-.-Hnhy uay be rindioated DO We oeniAhu NC P
msEt Of cedaeuvn- III 49,
Tb. ia quoted in no spirit Of esviDg nor VIII sny
a,.,o.,,,oo merely TO convict you Of incoDsiseney
The ,sntirusut 10 noble one. hs usfurAly eonne''e1
with an eevsted view OF the true nature ara srvuno o.
II,r.n f,overnroeut regard !; With uDerrcieo ~ohi
ration as evidence Of beslib5 moral 'eIss i.''Is
nor 70 fslse theory. Permit me- hS~sssI' " 49,
maj cannot disiin guish u from tost ooculn- o
80. a. j,Sl,ir, ia,;ice against which you hsVe some
times - veh-meBtly contenoec 70 et'o'eo.e - :" :.
,,as, Of The oostraanry :" Whist 70 this oc'ioi oe
,rn.thi.e vim that righteous feeling witch oemanos
re runi,hmept Of such htrocious crimes because OF
tneir intrinsic Wieke dness In other words rAa' :.
claims 1t as Just sioDemenl TO the "ouhosa nv
t.ef irrespectTe Of other conscersons II say 'e
AZ the highest utility. and thai the pres1
walton of pure moral sense liable 10 be nIco sDo
eued OF The IMMUNITY of such crimes IL ne e,ra'
for all lower utilities shall not qusrrei WIN you eDo
vords The great question is-Csn the Jaw OF oI--s
the law IN furnishing certain crimes to nave ieso -
sirietiy mors coDsideranoDs--in oinrr "oIus' - -
i.h them primarily although ALONG WIN otoeI
II vou uesse because they ricked ano tne
the m to 20 unpuuisbed shocks the moral sense u INC
community For ell healthy prscnea Is's.s. -
coue near enough what regard 81 TIE true aoeune
unless YOU choose TO terms in sense foreign 10
their long established meaning
Remarks
Whoever will read the sentence commented on
by our correspondent in its connection with "Aat
preceded it in our article hardly fail to see pre-
cisely how much we intended by It, and no" lar
the views Of Q " are sustained by It, The Atlas
had protested willingness 70 punish Seduction
when the seducers immediate victim shall be
mere child This distinction. it appears TO US, IS
based upon too narrow an idea Of the evils OF Sc
/ duction and the proper functions OF Law We re
gard the seduced as by no means the only perhaps
often not che greatest sufferer by the crime and
I demand the punishment VI sHS SSSN-N- - ~
especial reference 10 protection or retnoution ioi
her, bat with an eye also to the injury inflicted upon
ber osreps ,rothers and sisters on all related 10 OF
connected With her and upon the entire communl
~ whose pioral sense il outraged and whose ieei
ing Of mutu al confidence and rus;iulness IA msrre'
! and shocked by such crime. Ii does seem to N
NAT either the moral sense OF our people must %
shocking1y perverted or our criminal laws, IN pun
shing .hief so sternly -d seducer not at all d.
gross wrong to that moral sense, sA so inct sigma
harm n the community. This was the pom. smeC
at in our remarks which O.. improve ss we SEE
above
Jar correspondent is not warranted IN assuming
thet we wish this or any other offence severely
punished But believing that Seduction and Adul
tsry are among the acts properly termed criminal
that they tend to diminish general Happiness an
increase Misery-we deem it the proper junction
the State TO repress and prevent them Whethe
an act may or may not be immoral and sinful whicl
does not tend to diminish the sum Of Human Happ
ness is q question which think Is not raised b.
our former article, and which we can see no nece'
sity for discussing in this connection, since a AZ
we agree that the act in question is one that Go'
eminent should punish as a crime. Whether
therefore, Government should assume the WIN {
God or the Good of Man its poestar in the enac
ment and infection Of penalties, Is question who
we will pass by for the present since we certain
have not meant and think have not implied, tbs
the moral sense of community properly require
TO be vindica ted by the infection Of any legal pena
ties save tor offences az ainst the security and wei
D being OF mankind. ia. ITO