New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-07-03
A short Argumen, against Capital Punish

ment. For The Tribune
A code Of laws which would provide for the In
dict,nent aud trial Of an or other weapon with
which a murder Is committed, and on the fact be-
Ing found by Jury Of twelve men to be followed
by the destruction Of the instrument in pursuance
Of Judicial sentence is papably absurd to have q
momentary existence IN the criminal jurisprudence Of
any people whether civilized or not The reason s
obvious to the common sense Of all The AK which
cleft the skull or knife which reached the heart is but
the passive instrument Of death the hands OF the
murderer No argument is necessary to establish this
self evident proposiuon-t is known and acknowledged
on all hands and hence II is little strange that
the same general argument has not been urged AZ
equally conclusive against the taking OF life punish,
ment Tor crime. Let look at the question in this
light and see with how much force the argument bears
against capital punishment
In ordinary language, man is composed OF soul and
body-nind and matter. or according to the correct
philosophy of Paul There natural body and there Is
spiritual body Mans inner and outer HE the
world of causes and the world or effects the spiritual
s the real mantle all sufficient cause OF outer or
corporea action. Hence the spirit be pure its outer
manifestations pure II large benevoence be lead
ing characteristic OF the inner life it is seen in the
yscs world by alternating the sorrows Of suffering
humanity, and by adding TO the sum total Of human
happiness H. on the contrary, mAlevolence be the
ruling principle, the outer life is in terrible harmony
herewith In fine, outer acts of whatever name
or nature are directed and controlled for veal for
woe by the supreme mover withn-ihe mind or will
OF man His material body-the high medium of com
municaiion between the spiritual and natural worlds,
with all its wonderful organizations and adaptations s
but gross heles matter except it is quickened and
viyifed from the real life within. II Is not the corpo.
real eye which sees, nor the bodily ear which hears
these are but the media through which the inner life
takes cognizance OF material sights and sounds. No
organization of matter however subtle, Of itself
produce sight or hearing
Porhsps enough has been said for the purpose Of the
argument and If IL indeed be that matter Is in
ert and that our outer life is but the physical
instrument Of al-controng spirit within then upon
what principle the hand which Yields the murderous
Sx in obedience TO power never control, and by
which il fells 10 earth human beng-upon what prin
ciple is the hand and the material body which it be-
longs mutilated and destroyed, while the ax-as
scious Of the deed the hand and the immediate
thereof-is passed by unscsthed
The force OF the argument being apparent an
objection is here presented which al rst blush would
seem be OF grea, force II may be said that the az
glNent proves 100 II ming. II wrong 70
tlate and destroy the material body OF the murderer
from the fact OF its being only the Passrs instrument Of
iestd in the Asads Of the spirit it would be equally
wrong TO immune il in prison. In nne, il would be
wrong punish the material body for any crime what
soever. hby punishment is meant mere corporal Euf
fenng, by incarceration or otherwise, it would be
wrong for the naiehon Of pain is the end Of
punishment Il would not be wrong, however, 10 in
eareerAte for crime although suffering might be the
consequence. The good OF society would demand II
and the criminal himself by humane and proper moral
treatment might be reformed in his inner, and Ne
cessary consequence, in his outer lie.
From the insane man are removed the instruments by
which be might possibly do injury 70 others. We
reaors not destroy; put them Of his way and
frequently il Is necessary 10 eonhne by chains and the
wss Of mad house the material body itself Just 80
should be with the e0pcreai Of spirit 50
lost TO virtue, fesrfuy insane 70 murder his el
low The good Of society and the reformation Of
the inner life imperously demand IL.
Al this point numerous and cogeni reasons might be
given a. arguments in favor OF Imprisonment rather
than the infection Of the Death Penalty. Such, how.
ever, are generally well understood and hence need
not be repeated Il.
Herasusvd. Ny Ju,. -