New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-08

deth man blood, by man shall his blood be shed
/ This language bad received various interpreta-
tious. The speaker traced the modes of capital
| punishment which had been employed since
| the earliest periods by different nations and
showed that this command given to the Jews was
required by the Jewish economy, for the govern
/ meDt of peculiar people. Are we to receive an
| abstract code and eDgrait II upon our own Mr.
c. defined the meaning Of the word Economy as
applicable to social and political affairs, with d.
rect reference to the People themselves when
promulgated In a code and they receive 1t
as law, they are themselves responsible for trans
gressions Of that law. Our Western tribes OF In
dians beyond the Rocky Mountains. are not pre-
sumed to be bound by the Code of the State OF
| New-York. So also may say that codes Of
laws applicable to the Jews ofold are not binding
upon US of the present day. Here we have the
| whole argument. The law which we consd-
! eriDg was applicable to a peculiar peOple-Ota pc
cuar character, peculiar habits aud peculiar des-
tiny. There is a chasm between the barbarism Of
that age and the civilization of this wide as the
| distance between any two numbers OF Arithmetic
| can be presumed to be.
But there is another command upon which re.
poses all human action, proclaimed by the Deity
himself-"Tho shalt not kill. The controlling
action which governs conscience is synonymous
with conscience itself that which when violated,
gives rise to the feeling which we denominate
remorse. 1t is this general principle which
governs the cause in which we are engaged.
IThe speaker here illustrated his argument still
further He argued that motives OF expediency
should control us in agitating the Abolition
of the Death Penalty. The increasing difficulty
in obtaining convictions for capital crimes was
urged as leading argument for modification OF
the penalty, Ii is now very seldom that any one
tried capitaly can be convicted. The Jury have
the power of rendering verdict OF manslaughter
in different degrees, and thus the murderer whose
conviction seems almost certain, is frequently let
loose upon the community after brief term OF
H. az lty q 70
ing the community from this obvious fact should
awaken the earnest attention of our citizens.
Those who are not convinced by argument Will
sometimes lend an ear to exPedlency.
Mr. c. maintained that society, like individuals,
has the right of selEdefense-that it was bound
to put down the fell spirit that nerves the muir
derers arm-but the questonswas, in what man
ner is this object to be attained. In proportion to
the advance Of civilization, human life is guarded
with peculiar care While in certain savage
tribes little respect is paid to life, so that even
portion of the children are destroyed as soon as
thew are born as man comes under the light OF
religion, of reflection, of intellectual eifulgence,
life becomes more valuable-its made the special
object with the legislator and the civian-cIvlll'
cation and the respect to human lie even become
SYNONYMOUS terms-everythlng which tends to
destroy human life is a crime-and the most
heinous crime that be committed is that OF
murder.
The turning point of my argument, continued
Mr.. c. is the problem how the murderers arm is
70 no arrested-houV Prevent tho appalling Urime
WHEN TS IS at war with the very existence of civil
cation 7 The restraint of crime may be effected
either by prevention or punishment Among the
agencies for the prevention of crime, MIR. q. al
luded to the Pulpit, the Temperance Society, the
Tract Society, the Lecture Room, the Common
School all Of which tended to form wholesome
public opinion, and indirectly prevent the COM
mission of crime. But experience shows that
these means are not adequate to the object. The
1ocfb o nrdp efil blood
his victim. Hence, argued Mr.. c. the necessity
of cOndign punishment.
He protested against being under the influence
of any sentimental tenderness for the comfort OF
the convict We must not be anxious TO feather
his couch by night nor to place him on velvet
cushion by day. We must punish him, not IN
deed vindictivey but exemplarily. But every
effort must be directed to the correction OF the
prisoner. Punishment must go hand IN hand with
reform or its inhiction is a nuty. The moment
you 90 beyond this, you awaken the better feel
ings on the side of the prisoner. Now what's the
mode of punishment which is adapted to exert the
most benefcent influence on the character oil the
criminal 1t is doubtless that which gives to hui
man life its longest limit. The most ehectual pen
atty is perpetual Imprisonment Mr Z. here des,
cribed in detail the natural purifying effects of
this long discipline on the most obdurate heart,
and then proceeded to show the influence OF capt
tai punishment in destroying the inherent attach,
ment to life. This is the strongest principle of
our nature Its power is forcibly Illustrated by
the great poet of the passions.
Ay, but TO die, and go we know not where
To lie in cold obstruction and to rot;
IT'S too horrible -
The weaIies and loahed worldly life
That age, ache penury. and imprisonment
Can lay nature is Paradise
To what we fear OF death
But this principle is neutralized by familiarity
with the spectacle of death, and IN this way, the
frequency of capital punishment tends to produce
directly the opposite effects for which the penalty
"A ftar he clO a Ia
lean war, crimes against life were multiplied.
The familiarity with carnage destroyed the natural
horror of blood. In the exercise OF his horrld
trade the soldier learns to take the life OF Eel
low. being OF to sacrifice his own, with as much
Indifference as if it were the life OF fly. But
few centuries since, it was fashionable to attend
executions as a genteel pastime. The terors OF
the scene were thus almostcomple te yneutrallzed.
The gentleman highwayman came upon the scat
fold as if it was a stage, mainly anxious TO gam
the applauses of the audience by the graceful
performance of his part. So In the age oil Louis
XII wheD executions were so frequent as to cause
the remark that the Provost had his acorns hang
ing on every oak, crime was almost without a
parallel for its abundance and atrocty. The laws
of Draco which were written in blood, gave place
10 the milder code of Scion, and the effect was
the immediate diminution OF crime.
But YOU tell me said Mr.. G. that my argument
is ipappicable to the present state OF things sAce
public executions are abolished, and the last pen
alty of the law inflicted in private. Not so. A
priv ate execution is an inpossibility. Surround
il with all the secrecy in your Power-let the
fatal blow be struck in the solitude OF the dun
eeon-stillits vibrations would reach to the most
distant circles of society-every word OF the VIC
tim would be noted-every pang would be des-
cribed.-his lonely cell would be made as public
as the housetop-and the thousand voiced press
would reproduce the bloody scene the remotest
hamlet OF the country.
But if we give up the penalty OF DEATH where
shall we find substitute answer Ia Tue
aveneine Nemesis which has a seat in every hu
man soul-in the fell Remorse which is more et-
] he pw