New-York daily tribune., 1851-07-29
Punishment Not Preventive = Not Reforma


I'VE willingly comply with the request TO publish the fol-
lowing although do not remember when an organ OF
hanging ever gave place argument side of the
question Prof Andersons dSquson is not OF the sort
that needs reply Ed Tn5l
To the Editor Of The Tribune.
believe you hold that the truth never
loses in fair and free discussion, and as reply
to your article this morning upon Capital Pun
ishment, by Samuel ]. May, you would fairly
present another view of the subject by inserting
few paragraphs from the pen of Prof G. W.
Anderson, OF Lewisburg University:
| kthe proper design Of punishment 10 Prerent the
repet,tion Of crime bythe cuipr't?
This theory IS frequently advocated but the argu-
meni necessary TO prove its correctness have yet to
he advanced We must distinguish between the OBJ
iect of law and the object OF the threat OF penalty
between the effect OF punishment, and the enect Oh
the threat OF punishment. The law Is one thlng
the threat of penalty Is another The object OF the
law s not by any the same as the OBJECT oithe
threat Of a penalty The law simply points out our
du,v The penalty threatened on violation OF II,
furnishes a motive TO deter US from such violation
Wan aroue IN this manner: "If | do what the law
forbids I NAV expect 10 suffer what Is threatened as
lis nenaltv This would be vastly dlsagreeaole II
would be better for me to keep the law therefore
will 40 sop such Is. probably, the manner IN when
the conclusion TO keep the law Is often reached Inc
nrocess in all It's distinct steps, may not be clearly
before the mind Yet these several steps nave SUD-
stantially been taken. ,.a.-ou,
hing from punishment itself IL Is very possible
that a man who has committed some crime, may De-
come so fercely enraged BY the suffering OIL ts pun
Ishment, TO be eager to ayenge himself y trpo fo
tion of the very same act w hat can detI MN rom
60 doing as he comes forth from the endurance Oh
the penaliy The remembrance OF ms puiliSniIehI,
No for that has made hlm eager 70 oe reVehgSi. ~
ouSt be the knowledge that what he mas aHedl} SUI
.sp inf
law It's the threat of punishment TO come not 'he
remembrapce of punishment past. II IS the certain
~ that A repeated punishment VIII folio" eacn re-
pt aied crime H.. I'M.
This theory Is one that. IN the opinion Of some,
bears very plausible aspect ei the ooJee9,.0sns
which lie against It are. perhaps eulle - e iCaI
as those that may De urged d5d4Hst '-'H' - 'F
II IS certainly very desirable thing to iurnish TO
all q motive to prevent them from entering Oh Ca
reer OF crime II IS very wise 70 prevent tle 'lo-a-
tlon Of law If II hes within our power anu 90 o
done without lnflcing suffering unJustiN buL ~
We are met by a difficulty Of very seriou, Ha''.lr.
Can Il be done Justly To lniilct >uEeIAl5 On ali
ore man without his Cordial assent loI lle me-
Sake OF keeuing others from dong wrong. i pro
ceedure of exceedingly questionable Inorai"y' j. =
yerv much ike dong eyll that gooI my -, 40
course Of conduct that all good men shOIIO nv, 1 -
voutlv reuutlate The fact hat the Sunei.Hs ~ ~
icted = called uni shrnent. and i done Win Itsd'
sanction does not alter It's character IN the leasI
For il mus, be tome mind. that me aaSocases ~
thiS theory do no; believe n the lhn '4Oil y. -
rne,t becauSe a man IS guilty. To concece this'
Would be TO abandon Their own chosen ground; Inere
nav he certain conseduents. sometimes following
punishment which good and deSlaJls II, IN mem Ir
selves while al the same time, iAey CVuIt lo. pr
,iv he sssr,,ed by government A. the OBJECT 10 De
aimed at in punishng Whatever be the ayoWe1 90
;er, ~ Sment /; should be that may inVara
by be secured by It's infection II II can not a." az
,be r,oner oSiec This is so obvious that II needs
only 10 be stated TO secure the assent OF all 49,.
There Is one great Oh becton that lies agallss ~
whole theory Of prevention Il Is an ooec..o ",Ts ~
ohect,on s th.t II can not consistently distinguish
be;wesp suli and innocence. Pracnca!ly, N'