The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1873-05-13


having thereby averted all danger to
himself, should then deliberately kill his
disabled foe, would be dastardly
wretch. How then shall we justify the
State when it does the same thingf Can
an act that we condemn as mean and COW
ardly, nay. even criminal, when done hy
an individual be right and proper when
performed by the Statel
: 1t is the first duty of Government to
protect life, liberty and property, it is
about all the. legitimate purpose for
which Governments exist at all. The
right to this protection belongs to all
Whenever any of these rights are inva.
ded or destroyed, it is the duty Of the
Government 10 interpose its power for
the protection of society, Society. must
be protected at all hazards, whatever may
be the consequences to individuals But
as even those individuals, who have in
vaded the rights of Others, are still emit
tied to pro lection at The hands Of the
law, in the enjoyment of their own
rights, so far Us such rights can be ex-
ercised without endangering society, it
clearly follows that the true and just
measure of punishment is to be deter
mined by the inquiry what portion OF the
offenders natural rights must necessari-
ly be taken away to guarantee socle' y
against his attacks If this can be done,
as in case of trifing misdemeanors, by
depriving him of property to a greater
or less extent, while he is still permitted
the full enjoyment of life and liberty, that
is the just and proper punishment. If his
offense is OF a graver character, so that
the protection of society requires re-
straint of liberty, he must lose his liber-
ty; and should the circumstances of So
cietv be such that no other means Of St.
curing the lives of the people against the
subsequent attacks of the convicted
murderer were available, then would ex-
ist that overpowering necessity that
would permit the taking of his life -
While, then, the State is bound to pro-
tect its citizens. and to that end is war
ranted in the in6iction of necessary pun
ishment, that punishment should always
be measured and regulated by the neces'
sity of the case. Make the criminal to
suffer by way of punishment the neces-
sary consequences of his own acts
nothing more-nothing less. This is
both reasonable and just The same rule
should be applied to the State that we
apply to the individual 1t may rightfully
employ that amount of force necessary
to prevent the wrong, but no more. But
you ask what amount of force or punish
ment is necessary to prevent the repe.
tition of the crime of murder? 1t seems
to me the answer to this questionis is very
easy, simple aud direct. Just that
amount that will take from him the pow.
er to repeat the crime.
While the law innicts upon the guilty,
such just and necessary punishment, lis
infection may, and no doubt does, have o
wholesome effect incidentally, by way oI
example, TO deter others from commit
ting crime. Example, when it Is only
the incident is all very we'll but it should
never be the object of the punishment
1t is just that man should suffer the
necessary consequences of his own
crimes, and if the suffering, so induced
by his criminal acts, should tend to de,
ter others, we'll and good; but l deny
that society has any right to subject the
convicted criminal to unnecessary, bar.
barous or cruel punishment for the pur.
pose Of frightening Others, so that they
peradventure,mav be deferred from com
mitting crime. But even upon the score
of example alone, l have very grave
doubts as to the efficacy of putting to
death human beings by the bungling tor
lures of the gallows.
Upon what principle can it be claim
ed that society has the right to take the
offenders life? The whole Legitimate
object of the punishment being to pre-
vent the repetition of the crime by The
offender, and incidentally, if you please
to deter others; so far as the convicted
criminal is concerned, this object i!
fully accomplished, when, by deprivins
him of liberty, you deprive him of thu
power to repeat the crime. This ac
complished, society has no right to de
mand more; no right to insist upol
horrible infictions to scare people. Tt
do so is to degrade the law into an in
strument of vengeance.
In case of wiiful premeditated mur
der committed with malice aforethought
which by the law of Ohio, is punish
ed by wilful, premeditated, deliberat,
hanging, before you can punish, yoI
must, as already remarked, capture, TT,
and convict. The murderer is theI
completely within your power. So Ions
as you detain him, it is impossible tina
he should repeat his great crime agains
society. YOU have ample means 70
confning him as long and as closely a
YOU please. For his whole life quite a
easily as for single day. While 81
confned, and denied all intercourse will
his fellow men, it is quite impo. sibl
that he should injure society. On th
other hand, he then has it in his p0we
to make some slight amends at least, Il
society for the great wrong he lbs in
ficted. Yet, you will with the utmos
GOODNESS, the most deliberate premedi
tation. take the poor, helpless, unresiSt
ing wretch, pinion his arms, confne hi
legs, deprive him of even the poor priv
ilege to struggle in death, and with Iii
frigntful coDtortions of countenance
concealed by the horrid black cap, ham,
him by the neck until he is dead An
thus you make the great State of Ohio
a brutal, cnwardly murderer. To m
it is a humiitating fact. that this grea
!, State, with her millions Of intelligen
population, her vast resources, and ex
cellent prison facilities, late in the al
, ternoon of the nineteenth century, sti
legalizes mode of punishment, So di:
gusting, SO shocking, so horrible /
: view or contemplate, so utterly abhoI
rent to all our better feelings, that fror
} decent respect for the opinions an
; ssnsihilities of mankind, the execution
er has long been required to CAREFUL
. conceal the horrid spectacle from put
lie view, and to perform almost in sol
: tude. his revolliog task! Is it poss
: BILE that We must see perpetuated i
J Ohio, system of punishment, So d
terly repugnant to all the finer feeling
of humanity, that its infection must b
t carefully hidden from the popular gaze