American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-08-11

taken place, and therefore is certain. Was it
certain before it took place? Who then so re-
garded it? We did not Did our friend
Governor Lowe had once reprieved him, and on
the dreadful day Of execution, although he had
given the utmost attention to the subject, and
tried to come to satisfactory conclusion, so
great was his incerttude, that he in effect dele
gated his power Of pardon to one who was near
the melancholy scene Was this certainty"
Governor Lowe, who held the power in his
hand, was not certain; our friend was not GER
tain and with what poor Judgment we have,
"editors" as we are, we were not certain.
Where, them is the non sequitur which our friend
was to point out? Is it not in his own denial
| OF fact, and subsequent assignment of a rea-
| son for the existence Of that fact?
| Our friend asks, els not punishment quite
as certain in all cases of the death penalty as
in cases Of Imprisonment" He has answered
this question himself, so far as to admit great
uncertainty of punishment where the death
penalty is presented AS respects punishment
by imprisonment for crimes for which it is
prescribed, we have to reply that there is, com
paratiyely, very little uncertainty about it. A
thief, robber, or a forger, is almost as sure
of his punishment as that the jury can hear the
evidence against him. Corrupt and benighted
indeed, is that region of country where it is
otherwise. The same public opinion that bids
us stand appalled, at the idea of taking human
life demands, in terms imperative, that ade-
quate punishment shall be inflicted upon all
who violate the precepts of justice and the COM
mands of God. No "morbid sensbility" stands
| in the way of their punishment. Wrong done
to them may be repaired: the Craze presents
no eternal barrier to reparation
That we entered" the uncertainty of the
punishment by the death penalty from the iso-
lated case of the poor wretch Green, is alto
gether an inference of our correspondent.
We have said that the voice of humanity is
everywhere crying out against the death pen
atty" To this our friend says with an irony
under which we do not cover, that /" even eai-
tors must not imagine that their oacn voice is the
voice of humanity everywhere" We do not,
although we are glad to know that many editors
Of this land (and they are not the least reliable
indices to the public mind) entertain the opin-
ion we express. But he himself complains that
the "morbid sentimentality,' as he calls this
opinion, ftfnds its way to the BENCH and the
JURY-Box, and renders punishment uncertain .
Have we then assumed too much in proclaim
ing the prevalence of our views? Judges we
are proud to say, are in our land just and un-
tainted by vague and transitory theories; yet
our friend says this morbid " sentimentality"
has found its way to the .'BENoHp' Juries are
selected with special reference to their sound
practical sense, and their opinions on this very
question are closely canvassed, and all are ex-
cluded from serving who are not as sound and
orthodox on the subject of strangulation as is
our correspondent himself and yet he assures
us that this "morbid sentimentalty" finds its
way, (unconscientiousy to them it must be- to
the "JuRY-Box!" Still we are rebuked for as
| serting that :" the voice of humanity is every
where crying out against the death penalty ~
| Since our friend will not require our 'tevery-
where to be quite as literal as Mohamme.
dams heaven, we must insist that he has proved
this point for us also, and that g the voice of
humanity as everywhere crying out against the
death penalty" ~.s .s. .t....
But our friend complains that "the opponents
of the death penalty have created the fact upon
which chiefly their argument is based'---the
"morbid sentmentality" and the uncertain
! ty"-and that they then "clamor for the aboli-
tion of the penalty" We regret that what is
right on his side is wrong on ours for this
places us at very great disadvantage. He and
others teach that strangulation unto death is
right, and the world acts upon their belief: we
believe it is wrong, and desire the world to act
upon our belief, and to prevent the barbarous,
inhuman and horrible practice. Without ac-
cording to him and his party the attribute Of
infallibility, we cannot give up our own reason,
and the right Of acting upon its dictates We
will teach our opinions, and see them acted out
if possible; we will "create the fact" though
we must at the same time deplore that our friend
does not accord to us the right to do so. This
at least is indicated in the latter part of his
communication, though in the former part he
doubts not that we sincerely think we are right,
and that we have right to our opinion. But
this is only another non seqaturi
We do not deny, however, that 'many," as
he says, "who make some pretensions to hu-
manity, believe that the punishment of death
simply to reply, that we are not of that many
that we do not believe there is any Divine sane
ton for it: Many texts of Scripture are often
quoted to sustain it, but, so far as we are in
formed, not one can be found IN the Ne,o Testa-
aent On the contrary, while the Old Testa-
ment abounds with the repetitions of this in
junction, and other sanguinary penal commands
the New Testament as often exhibits the pre-
cepts Of mercy and charity; and in the sermon
on the Mount, all such laws are effectually re-
pealed-if they were ever designed to have uni
yersal applicability, of which we are by no
means certain. The first murderer becoming,
as all mnrderers become, coward, exclaimed,