National Republican., 1873-03-25
CAPITAL PTNIsnNIENT.

Tho execution Of Foster has had the effect
OF calling attention to the barbarism of cap
ital punishment The newspaper press has
made the crime Of this unfortunate man, the
efforts that were made In his behalf and the
action Of Governor Dix the subject Of numer-
ous editorials which, II collected together,
would hll several largc-sizcd volumes. 1t
cannot be denied that the general tone Of our
cotemporarlcs Is commcndatory Of the New
York Governor, Of what is called his Arm
ness and "stern" enforcement Of the law.
The gentlemen who make these wise COM
ments seem to forget that II Governor Dix
had pardoned Foster the law would have
been enforced oil the same. He had as clear
a legal right to pardon as the State lawyers
had to prosecute, the Jury to convict, or the
judge to sentence. There Is just as much law
on the one side as on the other.
But, however that may be, 1t Is satlsfac-
tory TO note that the advocates Of the code OF
blood, Of life for q life, are not quite so nu-
merous rs they were some years ago. There
Is every evidence that public sentiment Is
undergoing great change as to the efficacy
Of capital punishment, and that We are COM
ing up TO u higher standard Of Civilization
and enlightenment. The great argument In
favor Of capital punishment IL, that the rigid
enforcement Of the law strikes terror into
the criminal classes, and deters them from
the commission Of crime. There Is no force
whatever in this theory, and for the most OBJ
yious reasons. Murders ar either premedl-
tated or the result Of passions, famed into a
flame by the merest accident In neither
ease has the terror Of the gibbct the slightest
ha hT
brute who takes the life of another
upon the spur Of the moment il simply a wild
animal, incapable Of reason, who, when
tried and found guilty, unless he be an abject
coward, walks to the gallows with an air
Of bravado, generally regarding It as one Of
the proudest moments in his life. And the
trouble is that In the very classes whom 1t is
sought to intimidate these feelings and ideas
find ready sympathy and support. Society
Is divided into two classes, the good and the
bad. There is bitter and neyeT-ending war
between the two, a sort of irreprCssible con-
1ict More than Seventy-hye per cent, ii Is
safe TO say, Of the persons who have been ex-
ecuted went into their dishonOred graves with
the profession upon their lips that they died
innoeently; that they were the victims of un-
Just laws which they had no part in framing.
This would not be matter Of much COnse-
quence only that those whom they leave be-
hind and into who II Is especially intended
ITO strike terror" entertain the same belief,
and think of the victims Of the law as in nine
cases out Of ten more sinned against than
SHINING.
In an article on this subject some days ago
we held that 1t was the primary duty of So
ciety to prevent crime. The Rev Henry
Ward Bcecher, in sermon upon the subject
OF the prevention Of crime, last Sunday, Is |
reported TO have said I'VE have no right to |
punish Ot one end what we neglect TO pre- |
vent at the othcr--a principle Of right which |
10 often forgotten in reasoning on tho sub
jsct." Here Is tho keynote OF the whole
question. You may erect a gnllows upon
every strts:-cnrner, and execute an unfortu-
nate man upOm 1t every hour In the day, hut
Il will not prevent the commission of the
crime OF murder us long us We neglect "the
other end" and rear a crop Of criminals
every year Nearly Que half OF the money
that we eXpcnd annually In carrying on the
is wasted in efforts to punish
srlme, The machinery Of justice, US 1t Is
rallied, 10 the most eumbrous and expensive
ranch OF the Government, We have Judges
md courts and jails and penitentiaries, mar
,hAlS and detectives and police officers, and