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


verify, but the Certainty Of punishment
that deters from the commission of
crime. AS general proposition. it is
true, also, thatthe greater the severity,
the less certain is the punishment. Ju
ries hesitate 70 convict when they real-
ize the awfA consequences of COMIC
ton Cjurts lend more willing ear to
motions for new trials. writs of error,
&C., where the penalty Is desth. Hence]
punishment Is less certain I am fully
convinced that With the death penalty
abolished, pore mur,lerers would be
convicted and punished, and fewer mur-
ders would be committed
Another argument in favor of ahol-
ishing thesdeath penalty, that TO my
mind has great weight, is furnished by
the fact, that juries sometimes make
dreadful mistakes. With all the care
that the law has for the protection Of
innocence, those charged with its admin.
istration are but human and liable to
err. 1t sometimes happens that inno-
cent persons are convicted of murder,
and suffer the extreme penalty Of the
law, After the hangman has done his
terrible work, after the fatal drop has
fallen no matter how clear and convin-
cing the proofs of innocence, they come
too late. The terrible mistake can nev-
er be corrected. An innocent person
has been made to suffer a horrible and
Iignominious death, and no human pow
er can restore the life that has been
wrongfully taken.
1t is said to he better that ninety nine
guilty persons 60 unpunished. than that
one innocent one should suffer. How
dreadful then the thought, that even
once in long time, nay, that it is pos.
sible at all, that human being, although
entirely innocent, should be sent to
eternity, by the bungling process of
strangulation, upon what distinguish
ed newspaper correspondent has been
pleased to term the Christian gallowsg T.
God deliver US all from ''the Christian
gallows" Innocent persons have died
upon the gallows. Innocent persons
will yet die there. .t ....
Mr.. Speaker, / have never witnessed
an execution. / hope to God I never
shall
/ But the death penalty is Of very an,
cient origin. 1t comes 10 us from re
mote antiquity, apparently fortified by
the approval, and sanctioned by the
practice Of some Of the most enlighten-
ed nations of both ancient and modern
times. What of tbais So do other
great evils Aud shall we persistently
cling TO error because it is hoary head
ed9 The Jews, the Greeks, the Ro-
mans as we'll as more modern nations,
have, it is true, tolerated and practiced
this mode of punishment But most or
all of them had an excuse--indeed a
Justification that fails us They had no
peniten;iasies Tie peniteatiary sys-
tenn is q modern institution. Those
nations, like ourselves, felt the obliga
ton to protect life... They perhaps had
no other practical way of doing it. If
Ohio were to day tbinly settled front
ier territory, without prison. facilities.
necessity might Justify the infiction of
the death penalty here. But no such
necessity exists.
The antiquity Of an institution can
certainly furnish no valid excuse for its
perpetuation after the reasons that once
justified it have ceased to exist. To
take for granted that whatever is anti
quated is therefore right, would require
US at once to abandon our humane and
enlightened system of treating the in
sane, and return to the ancient theory
that crazy people are possessed Of dew
lis, to be treated accordingly. 1t wonld
require us, in imitation of, our British
ancestors, and the New England Fa-
thers, to open our tribunals for the trial
of witches, and bring them to the stake
as fitting punishment for being ell
dowed by the Creator with superior
powers.
But it is sometimes urged that the rnur.
derer shows no mercy to his victim, and
deserves none at the hands of the law
Grant that he is wicked, depraved, mer
ciless, brutal, ANYTHING you please. Still
| am unwilling to concede that the az.
gregate people of Ohio, are no better
in these particulars than murderer -
Suppose he is merciess. Suppose lie is
brutal. Does that justify the State in
being equally brutal, equally merciless
Because murderer is merciless, must
the people of the State. whom the law
, represents, whose will it executes, in or
der to punish him in the same spirit
that we condemn, divest themselves ol
all the better impulses of humanity.
| believe the aggregate people OF
Ohio, are better than murderers. I be.
. lieve that law that requires them to
assume the role of the murderer, fails
to reflect the will, and is repugnant to
the feelings of very large portion Of
, the people. The inhiction of the death
/ penalty is, at best,a most revolving spec.
} tacle. No tight minded man can desire
: it, unless he believes it to be an abso-
Lutte necessity. The only necessity thai
cdn possibly exist for It's infections
must grow ou+ of the Obligation to ro
t tect society. But, if the safety OF SO.
ciety can be as etTtctualIy guaranteed
: without resolling TO this harbarous in
5 fiction, then The necessity docs no: ex
ist, and humane peoplo will gladly set
5 IL abolished.
In addition to our institutions of /;
2 purely benevolent character, we have
our reform schools for youthful often
aers found In the paths of vice anc
G crime. Our prison system designed tt
t protect society against the depredationi
of older and more hardened offenders
: is slowly but surely adopting such re
forms as are dictated by au enlightened
! humanity. Shall we. While expendin.
j. large sums Of money each year, tt
, smooth the paths of the unfortunate
: and to reform the criminal, make th,
4 murderer the one solitary exception
| While professedly adapting our runi
E. tive systems to the reformation OF ,b,
, criminal, shall we deny to the murderer
: the worst of criminals, and most need
: ing reformation, all opportunity 10 re
: form? Shall the lac taiionis be applied
D to him aloneg ! can sec no good rca
: son for such discrimination
5 Mr., Speaker, hol I the bin will pass
e Let us leave the inhiclioh of the dea
a