New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-07-01
Crime md its Punishment.

We publish this morning the eloquent
speech recently made by NIcToR HUGO In
defense of his son, indicted for a newspaper
article against the French law and custom
of beheading those convicted of capital
crimes. Its argument Is put upon the
ground of humanity alone; the question of
expediencv it does not touch, but shows
how legal infections have grown mllder and
milder and how with the advancement of
civilization the tendency to abolish all cruel
and retaliatiye punlshments has constantly
gained force. Hence, the journalist, who,
on occasion of shocking and disgusting
exhibition of the ancient barbariSm, raised
his voice against the law and custom, did
simply what the most generous and univer-
sal feeling prompts, and ought by no means
to be fined or imprisoned therefor. This
speech, however, failed OF its effect, and
young Hugo was convicted, not SO much,
however, for this oifense, as because his
pollt and his paper are disagreeable to
the Government, and they had no better
means of iniiicting blow upon both.
The right of the community to punish
crime is indiSputable. 1t is the right of
self-deieASe. To preserve order and secure
It's own amelioration Society has the right to
do ANYTHING. In its earlier and ruder stages
punishment is naturally harsh, prompt and
unspairing 1t partakes of the character
of the political system, and like that Its ex-
cesses are justified by It's necessity. But
as the world natures, as manners are soft
ened and wealth increased, punlshments
become less extreme. The rack and stake
are laid aside; drawing, quartering and
hanging IN chains are erased from the statute
books; branding, scourging and the plllory
become obsolete aud the fact that though
criminal, the offender is still endowed with
humanity, and must be outraged by no need
less insult, is partially recognized. So too
the number of crimes punis' able with death
is gradually diminished, till at last only one or
two are left liable to that penalty, and IN the
natural course OF things there Is no doubt
that the necessity even fer tina, Will be felt no
longer, and il give way to some more mode
rate infection.
Whether that time has now arrived In
this country Is a question as 10 which We
feel no uncertainty. In our view the die
late OF e@edlency is 10 cease killing men.
We cannot doubt that for society 10 proclaim
the inyiolability OF life would cause indiyi-
duals to regard ii with deeper respect than
NOW, and take ID less frequently. Certainly
death proves an inefficient preventive of
murder. Every dav, Notwithstanding that
penalty, we ere shocked by the report OF
atrocious crimes In this city six criminals
await their day of execution; even now the
dismal sound of hammers building their
sallows and fastening their collins seems
to echo in the streets; and vet only
on SUNDAY two victims of 4 mad assas-
sin were buried almost within sound OF
our church bells. If then, death does not
prevent crime, If 1t does not answer the only
purpose for which Society has the night to
use 1t, why employ II longer Why not
substitute for il some other punishment OF i
Lature less barbarous and irreyocablel The