National Republican., 1873-01-27
LETTERS FROM the PEOPLE.
Capital Puui.bmept,

tapHai fuutshment.
EDITOR REPuBLIcAs In view Of the recent
extreme penalties indicted In our District for
violations OF our penal laws, and OF the recent
homicides occurring Immediately after the
"malest OF the law" had been yindIcated -one
OF which for cold blOodedness Ia without parallel
In this cOuntry-it seems that II might be In
quired with much propriety, does capital punish
ment tend to diminish crimef That capital pun
ishInent should exist upon the statute books Of
every state Is not here questioned. Tue incon-
slderate infection Of Il Is. To this proposition
the following is respectfully submitted: As
human laws can have no further object than the
protection OF society, the rights OF individuals
In life, liberty and property, can II be seriously
insisted that society should deprive citizen OF
(that which man cannot glye) his life, and conse-
quently OF being one OF It's members, unless il
appears TO the satisfaction Of reasonable aud
unpreJudced minds that society would he safer :
The law that "whosO sheddeth mans blood by
man shall his blood bo shed,n Genesis lx:s,)
though positive law Of the Creator enacted for
the Jews, would only have been provisional In
is object, and intended TO cease on the eXtinc-
tlon OF the Jews as u nation although trhces Of
is severity may be found In the annals Of sue
ceedlng nations, not only those OF antiquity,
the wisdom and equity of whose laws
have been the wonder and admiration OF man.
kind for succeeding ages, the wisdom and In
uence Of which Is still felt,) hut may be said 10
eXist-thOugh MISUNDERSTANDING those mod
ern nations claiming the acme Of Christian civ
ilization and refinement. when they undertake
to innict death as penalty for violation Of their
penal codes, without consulting the common In
stlncts OF humanity aud the safety OF the state,
without inquiry as TO whether "merCy to the
guilty would be Injustice TO the innocent I" and
right here the question may he asked, can the
Executive be justified In presuming that courts
Of justice have taken mercy into consideration
although eNtenuating circumstances are allowed
to he gwen IN evidence.
Courts OF justice are not created so much for
the dlspensaton OF mercy as OF positive law.
Many Jury, doubt not, have felt desire to
extend mercy and at the same time feu the
binding effect OF their oaths, and instances are
would not be extended and have disreaarded ths
rigOrs Of the law. Especially has this been the
case In England during the reigns OF cruel and
unnatural rulers. We have beautiful illustra-
ton Of that humanity which should be q charac.
teristlc OF all creatures made after the image oi
God from the pen Of celebrated writer upon
the subject Of penal law (and which might well
furnish those possessed Of the prerogatiye OF
clcmency with an example OF the spirit OF IL
grand conception when called upon by the con.
demned to mingle mercy In the execution OF the
law In the following words; "The cOnylcts who
have stolen cloth from the tenters or a lamb
from their landlords pasture knew the law TO be
death without benefit Of the clergy TO each Of
S8S a sTe 1ns g no
that common humanity would recoil at the Idea,
and they relied on the ingenuity Of mercy tG
eyade the law" And again, the same writer;
"SOthlng however but the absolute necessity
can authorize the destruction Of mankind by the
band Of man."
Aud OF the perpetrators OF the most devIllah OF
crimes an example Of which we have Just ex.
perienced, 1t may be said they are untt TO live
Can II not be said, on the other hand, with equal
propriety, that they are unnt TO die. When II
appears satisfactorily that q criminal should be
placed beyond the possibility OF committing a
like offence again, that society would be aafeT
by SO doing, will not the bosom OF humanity
heaye at the idea and the eye OF religion turn
away with horror from the spectaClef
Criminals, says Plato, tDe Legibus, p. OIL are
punishable not because they have offended, fOI
what Is done can never be undOne, but that fOI
the future the criminals themselves, and such a.
see their punishment, may take warning and
learn to shun the allprements OF vice; thus as.
suming that the grand object Of human punish.
ments Is to deter, not 10 punish. The inconside-
rate innictlOn OF capital punishment In q dsre,
gard for the instincts Of humanity and q source
OF evil TO whlcn historians set down as prominent
among the causes Of the decay OF nations. Lenity
should he the motto OF those intrusted with the
execution OF the laws Of all moderate govern,
ments. Some penalties and the certainty OF thell
inniction may have tendency to Temporarily
check violations OF law, hut they more frequently
harden the sentiments Of the people.
The excess OF the penalty natters the lmagina
tlon with the hope Of lmpunlty, and thus becOmei
an advocate with the offender for the perpe
tratlng Of the offence. ST. 7.