Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1851-02-21
EVANDER.
SPEECH OF HI. JOHNSON.

EVANDER.
SPEECH OF HI. JOHNSON,
In The Assembly, Feb. 10, on The bill qbolisting
Capital Punishment.
Mr.. II. Johnson said--Mr. Chairman, It is
with no small degree of ditfidence that | rise DC
fore this intelligent assembly state some of the
reasons why, il my opinion, the bill now before
US should not be engrated upon our statute book
This bill, sir, is very brief one, containing only
two short sections, but nevertheless, it is full of
meaning and is intended to sweep from the stat
ute book law which has had an existence ever
since the flood, and which most writers consider
as binding at the present day as when it was
given 10 Noah and his sons, by God himself,
! having never been abrogated nor repealed al
though it is contended by some that this com
mand to Noah and his sons that "whoso she'd
deth man blood by man shall his blood be she'd"
is not declaratory, but denunciatory and prophet
ic and that the MoSlic statnte has passed away
and given place to Il milder dispensation, have
no where met with any evidence that this portion
of the Mosaic law has ever been declared void.
! For, if most of the Jewish statutes have expired
/ by their own limitation, it may yet be seen that
! some of them, which refer to those primary NOR
al obligations denominated immutable, have been
/ re-enactcd in those two commandments upon
. winch HdIlB All the law ana Tue prophets.
! In further discussing this question, Mr.. Chair
man, shall endeayor to present such arguments
as to my mind appear conclusive against the re-
peal of the law which Furnishes the crime OF muir
der in the first degree with death And, sir, in
asmuch as this subject has been agitated and dis
cussed in Legislative assemblies, in the social
circle in political gatherings, and in religious
convocatons, and has been 50 frequently COM
mentod upen by some OF the abiest urists in this
country and in Europe, it will readily be conce-
ded, that in discussing this matter, at this day,
and in this age of progression" it will not be
expected, and may say it is hardly possible for
the most fertile imagination, or the lottiest intel
/ ect, to introduce arguments, or sympathetic APP
peaIs to the sound judgment and discretion Of
men, or to the tender sensibiilies of our nature,
that will be claimed as being purely original; and
/ | am frank to say, Mr.. Chairman, that the re-
marks which am about 70 submit fo7 the con-
sideration OF the committee, have, for the most
part been selected from such authority as deem
we'll worthy of our most serious consideration,
and which are conclusive in my mind, against
the abolition of the death penalty, in cases of
wful murder. Sir, I am not among those who
believe that our existing laws and institutions
have attained state OF perfection; but deem
that wise regard to the blessings we now en-
Joy, demands deliberate enquiry into the PROP
able tendency of every projected reform, lest by
aiming at too much, we lose what We have al
ready gained.
The agitation of this question, even in legisla-
tive halls, is by no means new or novel one.
1t q sympathy for the murderer We're admitted to
be an essential element, aud sure criterion Of
the highest order OF civilization, the frequent az
itation o this question, might almost be regarded
as an immediate approach TO the golden age of
humanity.
But while our sympathies are being extended
for suffering humanity, let US think for mo-
ment of the victims who are made to suffer from
the wanon cruelty of that fiend, who for the graf
ificaton of q hellish principle of revenge, or the
prospect of little plumber makes ahome desolatc
by taking the life of fellow being. With all
due Difference to those who may disagree with
me on this question, must take the liberty to
say, that it seems 10 be mistaken and slckly
sympathy, which can thus be extended only to
the criminal and iCrgets almost, if not altogeth-
err the misery inflicted by the crime, But, Mr..
Chairman. without further extending MY views
on this part of the subject, will proceed to state
some of the reasons why this bill should not be-
come law.
The right of the civil authority to punish crime
particularly murder, by the infection of death,
has been ably discussed by theologians and jur-
lists, who have based their viniications or denials
Of this right, either upon the written mandates OF
Heaven, or upon those laws which are register
ed in our consciences one class resortng to
texts of scripture for the calculation OF their
views, the other class exploring the mine OF hui
man motive and action in search of the eemen-
tai principles of mans nature, which they deem
adequate 10 the solution of this yeXed question.
The only crime for which the laws OF this state
infiict capital punishment, being murder IN the
first degree, crime which in all countries Is
deemed Of the highest degree of turPitude, It be-
comes a matter of the most serious inquiry, by
what means the commission OF this crime may
most effectualiy be prevented.
Civil Society" says Chancellor Kent, has
an undoubted right to use the means requisite tor
It's preservation, and the punishment of murder
with death, accords with the Judgment and the
practice of mankind, because the Intensity and
the violence of the malignity that will commit
that crime, require 10 be counteracted by the
strongest motives which can be presented 10 the
human mind" The punishment OF death Is
doubtless the most dreadful and the most impress
sve spectacle Of public Justice and il is not poss-
IDLE TO adopt any other punishment equally pow
erfu BY It's example The love of life is the
deepest rooted instinc: of our nature 10 pre-
serve our lives, except in disordered states OF
mind, we forego every pleasure and incur every
hazard. Inc protection OF every lnulNluua' me
which is incumbent on the sovereign power,
would be utterly impracticable, did it not imply
the privilege Of using all the legitimate means
which enlightened reason shall point out as con-
ducive to this truly religious aim OF civil socie-
iy
Civil society cannot forgive. but must punish
its determined offenders, or utterly sacrlhoe Us