New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-22
THE GIBBET A FAILURE.

ABOLITION OF CAPITAL PUNISHMENT
,poGREss or PENAL REFORM IN THE UNITED
sTATEs-THE EXPERIENCE or THOSE STATES
WHICH have ABOLISHED THk DhAlh
PENALTY.
"a me Edftor Of The TrtbWHs.
s1R: Among the early advocates of the modihca-
.on of the penal codes Of America, Edward Law
insSton stands prominent. native Of New-iork'
he removed 10 Louisiana m 1902 and m 1871 was APP
Dointed Commissioner by the Legislature OF TINS
STATE 70 revise ITS criminal code. His revision was
.dopted One of the essential features of this code
was the practical abolition Of the death penalty no
sentence Of death being permitted except upon the
unanimous recommendation Of the jury.
The untiring efforts Of Mr. Livingston 20 soften
the criminal laws Of our country by the substitu-
hon Of mildeT penalties were not without influence
upon penal legislation in the United States. Maine
seems 10 have FIRST caught the spirit OF TINS great
jnrist for we fnd that nearly 40 years ago Ina'
State practically abandoned the law OF hloou loi
bleodg The late Prof T. c. Upham Tor 10 years
connected with BowdOin College, in that 0ua.e'
.stes the following statement in reference 20 the
Law and IFS effect upon society: The system VI
Maine which has existed for over IS years Is some
,xbat macmillan. II recognizes the night of capital
punishment but limits its infection 20 the crime OF
murder II requires also, that II shall not be IN
Hicted until the expiration of year, which gives
time 70 the criminal for reflection and repentance,
and Also for the appearance of new evidence. II he
should happen 70 have been unJusuy condemned
Al the expiration Of that time, when public senti
ment against the criminal has become less excited,
n j. left optional with the Governor of the State 70
order hlm 20 execution or to detain him in prison,
A. in his view the good and safety of the State may
require" This law virtually makes the Governor
the hangman. There have been but two executions
uuder this statute IN a period of nearly 40 years
So long as the prisoner Is well behaved. there If no
apprehension OF the enforcement of tins penalty.
The capital punishment law Of Vermont Is hedged
IN bv the same restrictions which incOmpass the
Maine law. no execution having taken place there
for long time. Kansas has practically reached the
same conclusion. having in 1872. passed law similar
IL It's provisions 10 the Maine law.
To Michigan must he accorded the high honor of
having been the first State TO sweep from her statute
book every vessIge Of the vindictIve law In the
revision Of her code ID 1876 the death penalty was
totally obliterated from her statute book and the
penalty Of life Imprisonment substituted For .
YEAR has Michigan refused 70 make hangmeu of her
sheriHs md. under the benign operations of her
present system has proved TO the world that society
is just A. safe and as well governed without the
Cbbet az il ever was with H. In confirmation of
tins statement ] submit the proofs.
Letter of n ". Clark State Prison Inspector,
dated state Prison. Michigan. Feb. 4. 1859
The death penalty was abolished this state in 1896
TIT law taking effect june Of that year. The whole
FROM time the law went into effect 10 this date is 3d.
follows ..-