New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-01
Marriage md Divorce-No. z,


| To the Editor Of the Tyibunes
have as little doubt of your conscious honesty
in controversy as | have of my own. But you
have decided talent for misapprehenson, as I
shall proceed to show you.
/. You charge me in your last comment with
shaving in effect argued that the penal laws
against adultery ought to be abolished because
there persons disposed to commit the ofIense."
This is a palpabe caricature. What did ain
effect argue" was, that inasmuch as adultery is
violation of a certain legal property claimed by A.
10 the person Of b. and rice rersa irrespective of
the mutual affection of the parties so consequently
the only sure way OF curing adultery is to abolish
the legal possession of which it is violation. OF
course so long as our laws authorize this kind of
property, so long as they give A. and b. an exclu.
sve claim upon each others person, without any
regard to the state OF their affections they must
be enforced by every proper sanction No man
living, | presume, would make different judg
ment But this topic was not directly before u.s.
/ was talking, not of the delights of furnishing
crime, but OF the much higher delights of curing
or abolishing it and said that the only effectua
way of doing SO was, not by enacting penal statutes
than to drive him to concealed practices and
superinduce vice upon crime, utby altogether re-
forming those institutions which, upon sufficient
experience, have been found practically to engen-
der or promote it. Call you this arguing for the
abolition of the punishment due 10 crime, because
men see fit to commit il 1t strikes rather az
an argument for the abolition Of crime ITSELF What
saw yOu, on second thoughts
9. You find il hard TO believe that | can admit
the distinction OF good and evil in human acts,
and the necessity ofPunishing evil doers." Whyi
Because ! acquit the human passions Of all deile-
ment. But surely you can admit the passion Of
Friendship ia your soul 10 be very holy pas
sion and at the same time admit that II you should
crafty your specific friendship for c. ID. by any act
of Injustice to l.. +. your action would be evil
Furthermore, you can admit that II you should per-
severe in this evil action. Society would be bound
by the manifest exigences OF its own existence 10
restrain or punish you. Now this is precisely NV
case. perceive that although the passions are io
trinscay pure yet our present social i'm erfection
compels them to vicious actual deyeIoomept-
But at the same time perceive that, inasmucb a.
Society by no means permanently intends this in.
Justice 10 the passions, inasmuch as ii intends ona
day to afford them perfect Development a deveI.
opment commensurate with their essential ioGni
tuGe so II Is bound by the interests of its own de.
tiny TO protest against and in every possible xsv
restrain their present imperfect maoifestation
ms action OF society Is an assertion in negative
form Of the essential harmony OF the passions.
When il punisbes you, for example for eratifving
your friendship for c. d. at the expense OF y. Z
taciiy asserts the proper purity or infinitude af
that passion, and denies that its normal mauife.t.'
ton in one direction viii ever involve injustice in
any other H. on the other hand it allowed Won i'm.
punity in this course Of conduct then il wooJ viz
tualy affirm the essential initeness OF the pas ,on.
and declare their norma operation in one direc,;o.
impossible without injustice in some other ' Yoa
perceive, hen, how thoroughly my view Of the pro.
RANT and repression Of their disordery exb;S,;ar
n IN immature state Of Society. ''''"
j. You say that :" if the burdens and ev;l,a
'olved 9 on Society BY the crime Of a mardersr
sov. aoceIy 10 some degree calpabe in the case
men toe same logic proves the murderer b;m.ei
specially guilty, because on him devoves an s.'
ee'ai measure OF punishment" You here over.
DSr' however a very momentoos distinct;on
winch Is that the murderer's punishment is imnase