The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-02
THE CAPITAL PUNISHMENT QUESTION

Inc following is copy OF the petition on
yesterday by Damon Y. Kilgore, Esq, of this
City:-
10 the Honorable The Senate and House of Re.
pTeSentdtiUes Of the Commonwealth OF Pennsyt-
niG.-Gentlemen:-The undersigned citI-
zen OF Pennsylvania, residing in Philadelphia
respectfully represents-Tbat the alarming in.
crease of capital crime in this Commonwealth
calls upon the law-maklDg power to revise the
law.
In this country law is the great educator, and
while harsh laws beget crimes, laws dictated
by mildness humanize the manners of a nation
and the spirit of governments Says Bentham:
"If the legislator be desirous to inspire human
ity amongst its citizens let him set the example;
let him show the utmost respect for the life OF
man. Sanguinary laws have a tendency to
render man cruel either by fear, by imitation,
or by revenge"
Montesquieu, the founder of the modern
science of the philosophy of law, declares that
every act OF punishment not demanded by
absolute necessity Is tyranny"
In Pennsylvania during the last two years,
notwithstanding the extraordinary promptness
with which death-warrants have been signed,
and the activity of the eXecutioner more
murders have been committed, according to the
population, than ever before in the same
length of time.
In Philadelphia county-where innocent per.
sons are sometimes hung-there are eight per-
sons under sentence of death, four of whom
have been convicted within the last nine
months. In this county murderers were never
before so numerous and bold as now. The
death. warrants Of two persons convicted of
murder OF the first degree, awaiting execution
few days hence, have been followed by the
murder of an inoffensive citizen in one OF the
most populous portions of Philadelphia, mur-
dercd for his money in his own room, and in
the light of day. The certainty of the speedy
execution of Gerald Eaton and George s.
TW Witchell, Jr, did not prevent the murder of
joseph w. Smith.
Nor is this state of things applicable to Penn
sylvanla alone. The records OF Massachusetts,,
New York, and Ohio, compared with those Of
Maine. Michigan, and Wisconsin, furnish abun-
dant proof that the death penalty tends to
increase rather than to diminish the crimes for
ch it is inflicted. In England, a few years
ago, there were two hundred and twenty capital
crimes which do not now exist, and in England
and Wales, since 1910, more than fifteen hun
dred persons have been executed Tor crimes
which have ceased to be capital.
In the opinion OF your petitioner, there Is not
fact on record in any civilized nation of the
globe which, rightly interpreted, Is not stand
ing protest gainst the penalty of death. So
ciety, made up of individuals, has no right to
taL e human life upon any preteXt whatever,
and as long as it continues to take the life of
the murderer under the solemn sanction of law,
individuals will continue to take the lives OF the
| innocent without such sanction. No murderer
| is restrained by fear OF punishment alone; for
this he means to escape; but he is restrained, If
| restrained at ALL by the sacredness he attaches
TO human life, and this, by our present law, the
Government helps to destroy. Punishment,
| worthy OF the name, includes these three obs
| jects, Will. The prevention of crime, or pro-
teCtlOn OF society; z. heparatlOn 1Or Jne OueQ5e;
| and, 3. Reformation of the criminal.
Disguise 1t as we may, all punishment which
! lacks either of these ingredients sinks into
revenge, and becomes itself an aid to crime.
| This applies to families as well as to States, to
the government OF the child as well as the full
| grown man. 1t is the Divine method of nature
| and cannot be ignored with impunity. Be-
| lieving that capital punishment, here as else
| where, has resulted in the death of the innocent
and the acquittal of the guilty; that it tends to
| destroy the sacIedness which should ever
| attach to human life; that in diseased minds
| it creates a morbid desire for imitation
| or revenge; that it does not prevent
chine and therefore fails to protectsociety; that
| has a tendency 10 reform the criminal; that it
is q Ielic OF barbarism and at war will the spirit
| of Christianity and the progress of mankind,
| the undersigned respectfully and earnestly
| pTays your honorable bodies to abo olish It., and
| 10 substitute therefor Imprisonment, giving the
| criminal the opportunity to labor during his
| life to repair the wrong he has done, by contri-
| butDg to the support and eoucation of those
| living, most injured by bis crime, and at the
| same time giving him kind treatment,
| proper instruction, and opportunity 10
| returm. In order to prevent the consequences
| which might result from power in the hands of
| being swayed by money or party politics in
| favor OF the prisoner, or by public clamor or
| personal popularity against him, the judges of
| the Supreme Court might be associated with
| the Governor, and with him be empowered to
| do equal and exact justice to society, and to
| tho. e who set at defiance her most sacred laws.
| And your petitioner will ever pray, etc.
DAMON Y. KILGoRE.
Philadelpbis, March 30, 1869.