, 1870-03-29

SASeAA4 AA4Oi AIlk1uANUn 10 E1ESE l4f
luo C!lm1nA With grnatar consideration than his
victim, md TO shield him moro carefully from
= wrong. We have been told that in times when
tae punishment Of death was mors usual
cranes were also more common, and reference
y las been mstde to he Mdue Ages Are you
L1sn qolta sure, gentlemen, thAt thts decrease
.! eta4e "a not result Of the Htetp Justice ex-
ejslsed { , " the authorities for centuries :"
E1prcss1on Of dissenL
an quite ready 10 grant the gentleman
VINO gave snch an energetic sign OF his disap-
psnFA, that the zdvance Of human insight aud
culture, all tho benefta Of civilization Wo hear
so Justly praiscd, and the progress Of morala,
mean the progress Of those morals whose
foundation reats On the Christianity Of our
atne1s they Are still N active power in Ill
ctasees OF the people, they arc supporting You
|o-dsy. The abolition OF capital punishment,
On the other hand, has only The experience Of
9onae snau districts fora ahort time in its favor.
: + or ny own part should not consider myself
lnstlfied in e1poeing the majority Of pesceable
G.lzens to the dangers OF such IN experiment.
4here u no need 70: haste after ACCEPTING the
CRIMINAL code ypu can do away NTH tapital pun
lehment At any time, as soon u the majority
o. this House agrees with the majority Of tho
Federal Council in thinking 1t desirable. Why
from tho introduction Of = conmon criminal
code dependent On this single question: 1t IL
clear that the opponents OF capital punishment
tAcnselyes do not doubt tho efficacy Of the i'm
preston it makes, as they are willing to retain
II IN cAses when it Ia absolutely necessary to
establishment OF public security. What IL the
reason which Induces you TO rstain cap
1tal puniAhloeut during = BtAss OF HeGe,
and, ~ l do not doubt, in the army and navy
IN TACT, wherever 1t il necessary to secure
quiet, order, and unquestioning obedience to
k1HA 1A- ! - 81
tive than prospect Of imprisonment, With the
possibility Of pardon or escapei But, If you
confesa that Il affords only one hsira breadth
nura protection for the peaceable citizen, you
are bound to give him tlia additional security
against robbeto and naurdcsera- I cannot,
therefore, suPposc tho goEeInmonta viii b r. =
clined to deprive him Of the fulneas and plentl-
tule Of projection which lies in the punishment
OF death Agsin, you seem to me Inconsistent
III denying Tho authorities tho right Of
takin8 away LIE for purposes Of repreneion.
and get granting it to them Is preventative
measure This il just the opposite Of what
you advocate with respect 70 legislation for
psess. Yon do not deny Ito authorities the
night Of takcng life in defence Of their right,
to p1otebt the property OF individual citizens,
OF to prevent crime, and yet in these cases
we have only 10 do with possible criminals, not
with men whose crimea have been prpv5l.
You viii permit it for tho protection Of Fropss-
Of life, for it is essentially only tho capital
punishment Of the actual murderer we hase
10 consider. Workmen Who in not storm sn
office, or hakcF's shop, may be shot down d;
aud yet We cannot know nhethe.
those Who are E!ied arc guilty, We cannot tell
whether they had any intention OF committing
murder at III, 50, in order to protect the
house, the State is permitted to tale life, but
you wish to deprive it Of doing so in order
to afford the peaceable citizen stronger secl.
Hty that no robber uAy cnte1 his house and
murder his family. A man may be killed te
prevent the spread Of the cattle plague; any
gion il stopped BY the sentincls, and il he does
not obey n1y be shot down, to preserve the
lives OF our cattle from danger. Eut to save
the lives of human beings from, criminals
appears to be a matter OF less in
portanco to you-cf course only because yor
do not look at the question in this Light. Yor
must either deprive the authorities OF the riish'
OF taking Life in any case, or you must allow
them TO employ il for purposes Of repression
and not only il the execution Of preventive
measures. You ought not 70 place tho protee
ton OF property, at least in Theory, higher that
that Of life. Now, this happens In an ast
whes; hss, on she whole, by no meaps ~, tcnde,
many lives arc exposed to 1isk for public con
yeniencc, or to further industry, how man,
deaths arc caused BY tho oxplosioi
mines OF On railways how man,
perish in onr man1tss.oss 9 ,,, hy po'a9noa' ps ,!s
since these occupations further our comfor
and prosperity, no one thinks Of suppressins
them in order to preserve human life. vi
har,lly think OF doing what might be done b,
mcaus Of legislation to protect those who livi
in continual danger-tho stokers, The engine
NIX OF q sudden death every day, and ever
hour. Why, then, should your feelings taxi
the turn oE anxiety for tho criminal before 20,
have done what lies in your power ia the direc
ton hnve pointed out? l sock some expl1n
atiou Of this in the remarkable fact, al
ready frequently noticed in the couzs'
OF yesterdays debate, that the opponents O
capital punishment arc Chiefly lawyers, and Il,
Whole movement originated ia thst profession
1t may bo Judge is naturally inclined to fec
that It ia impossible for any human being to b
perfectly Just, that it is fmposeibls for an
man oquitably to Appordon the amount Of pun
ishment to tho Nervousness c. the crime an
that it Is impossible for him 80 fully to roaliZ
the condition Of the man before him as to
able to AnEwer the question: II, after th
tame education, had been exposed to tn
satno Temptations might not have been guilt
Of the same crimesf He may e1uenNy
modest enough to answer In the Affirmative;
20, I hope he viii be Just enough to add
md in TINT case should have nothing to urg,
n9ainst my execution. But the chiof reasol
why, judges and jurira arc opposed I
capital punishment seoma to me 10 be nouc
what di7erent II is ono Of the Diseases Q
our ngc, dread Of responsibility; dread 4
| the responsibility Of sentencing a man t
/! Of his guilt, and on the part of jurics til
| dread Ut returning verdict III accordance Wit
their convictions. when the law justiica they
il, surPoeiug it will lead to Tho execution Il
the criminal, This dread Of rcsponsibilit
il q diseasa which pervadcs tho wlfoto Q
highest su1nlnita Of human eocicty. Even II
| sovereign feels the responsibility Of wicldin
| the sword Of justice u heary aud tpainft
burden. and how much more must it weigh o
! the Judges, who arc less accustomed 10 do:
t with mtcrcstA Of such moment as tho ez1sul
Of one 81 their tcllow-men from the nu,nbt
Of the living. can therefore eassly unle
stand why Judges Arc desirous OF frecingthen
+: selves from thiA responsibility by means (
the paragraph, .you need no longer condcm
! any one to DEATH particularly in 5
f! age like ours, when everyone is rcatl
, to criticise, hut On tho whole, 20 fe
arc willing to undertake m Office with heaz
responsibilities. And get tl,is, which canpt
but consider Weakness in our high. honor
bic, and noble Bench Of Judges, This weak
disinclinasion to exercise tho fullest powers
tho office, really arises from misunderstar,
ing. Fox AN not Just AZ accountable il I in
prison tnsn for ife7 Nay, I will 60 furths
AZ great il i unjnstls iupnson a man I,
dsash7 i cannot tell wha. inaucn.
eight dsrs' unjust imprisonment msy hs,
on him whom sentence toit: his whole Iii
may be perverted into bitter contest viii, Il
law: he may be driven Oh into crime. And 10
would ssy 70 our men Of law: Do not shFi1
from the high task Providence has plaeed b
forc you. DO not fear to perform the estreu
duties Of yuur office. Do not cast away Il
sword OF Justice. You will only feel Incline
10 do 70 il you trust III human power alone
guide your arm. Human power, il it dooa n
feel in itself justification from above. is il
deed too weak 10 WELD the Ewo1d Of justic
l therefore wish to request this high assambl
though fesr ii will bo in vain, not to Tcfu
the reaeeable citizen Of tho Eorth-Cfcru:
Confederation tho protection which you o.
him in the fullest measure and to the create
possible extent. Do not give way- to Nh.
ihoneh do not wish to hurt the feelings
any one, can only call the morbid aententali
Of old aga" ..-.-..
in conclusion, the Chancellor again EXPIRE.
cd his conviction that thc Federal Conn
wonld not consent to the abolition Of capt
| punishment
Rates OF Fire ln>urnnec in ChicaK
We reprint the following, from tho lnsara'
Chronicle, by rcqucet, ~ the subjects discuss
] arc etiIl OF interest to business men Is well
unde,vriters:
Immediately After the war tioerd now tneal
| surancr companies wefe formed, end new can
dates for patronage came frrm abraah. pr1ncIss
from The East These last competitors put Il
lhc neld lndetaug.hle solicitors -rn-n vim In