Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1873-04-04
C.sPIT.sL PU.FISEE.uRJv'7'.

The arguments in favor of capital pun
ishment are -fold-firSt that it satisfies |
the requirements of justice, according to
the Old Testament view-a life for life; |
secondly, that it strikes more rorintothe |
hearts of the evil-doers than any other form |
Of punishment, and prevents others from |
committing murders. The sentiment of
the first argument is vengeance; the senti-
ment Of the other is policy. 1t is safe to
assume that the Old Testament idea of an
eve for an eye, tooth for tooth, and
life for life, is not very strong in this age
in civilized countries. Gov. Dix of New
York expressed the nearest approach to 1t,
however, when he said that murderers
must be made 10 understand that when
they take human life they put their own
lives in jeopardy. That is true just so far
as putting their own lives in jeopardy will
prevent murder. 1t will be hard to make
people believe in this age that judicious
killing is iustiable on any other ground.
The question naturally arises, taking the
world as it is, whether capital punishment
prevents the commission of murders. In
the first place, does the man who takes a
human lite weigh the chance, of punish
ment, and consider the character of that
punishment when about to commit the
crime of murder? We question whettfsr
the murderer considers this question at all.
IT he does consider any phase Of it he is
more likely to weigh his chances of detec-
ton and punishment, without regard to the
character of that punishment. We do not
la1iaya that McElhanav or Foster who
were hung the other day, thought much of
the punishment of murder before commit
ting it, or that, while they would have risk
ed imprisonment for life, they would have
been deferred from committing the MUIR
der by the contemplation of hanging as the
penalty. IF they considered anything ii
was the chance of escaping punishment al
together. Now the theory is that capital
punishment makes an impression on evil
doors, such as no other form of punishment
makes, and prevents them from commit
ting murder. But this theory, while ques-
tionabe in supposing that any form Of pun
ishment will control tie passions Of drunk
en-, enraged, jealous or avaricous men
does not take into account the impression
made on the general community by spec
tacle Of judicial killing, or the effect o
that impression on the juries that will try
murder cases hereafter. We may say wha
we please about tho misplaclng of sympa
thy-that we should exercise our sympath,
for the victim Of the murderer and his fam
lily, and not for the murderer-but the av
erage man or woman cannot avoid feeling
sympathy for condemned criminal on tn
scaffold, especially when his execution ha
been delayed for any considerable time
and every reason for mercy has been clio
quently presented and published. In
certain way tho murderer Is converted in
to martyr, and the next jury is very care
full not TO bring in prisoner guilty OF mur
der in the first degree If it can decently b.
avoided. 1t will even prefer TO bring in
verdict OF mot guilty." if there is peg
hang doubt upon. Some people believ
that the hanging of Foster and McElhane
will check the commission Of murder. 9th
ers argue as reasonably that these hang
ings will rather check the convictio
OF murderers, and that the safest time
commit murder is while the impression {
an execution Of capital punishment Is stil
fyssh in the minds Of the community TIL