Daily Kennebec journal., 1875-02-02

tue WHOLE WAS iTonlcaA Out lnc many cNiueuces VI
soberness and frankness on the whole seem to
require the alternative conclusion.
Il is not usual for one who voluntarily engages
in discussion, to concede upon the Threshold
that his opponent has made ont his case; but "S'
has apparently done this. lie says that 1t is not
difficult to set up your opponents arguments ID
such way that you can readily knock them down,
and that 'W" at once proceeds to demolish the
one defence of capital punishment which he a.
lowed to it." The zone defence" which "W
allowed 10 capital punishment, was its alleged
terror as an example TO deter other evil disposed
persons. lfthis is not the one great argument IN
favor of it will Mr.. as" be kind enough to tell us
what it Isl And if this argument is not sound be-
cause not based upon facts is nere any other which
in the Judgment of civilized community will, for
a moment, justify its enforcement If it does no
good by way of example, is there anywhere IN our
country at this period of civilization a spirit Of
barbarism which would clamor for its infiiction
out of vengeance and retaliation? Indeed as"
himself does not attempt TO adduce any other point
in favor of it. Ii then, "W" succeeded in "de-
molshing" this argument, it wonld seem that his
task was fulfilled. Yet "S" is pleased TO term it
"aatteting and delusive warfare"
1t had been shown that the advocates OF this
penalty have utterly failed to discover any increase
of capital crimes in any State country where it
had been abolished On the contrary il was shown
that after fair trial Of twenty years in the State
of Wisconsin with population tenfold more hete-
rogeneous than ours, crime had not only not in
creased, but had actually decreased; while in the
other States mentioned, there had never at any
period been any increase Of crime not also OBJ
servabe in States where the death penalty pre-
vailed. Here were facts which the most Jealous
advocates Of this penalty now compelled to ad-
NIT. 1t had been further shown to be the uniform
testimony, wherever executions had taken place,
that the effect Of the galows was rather to stimu
late than to repress the criminal purpose, and that
It was almost literally true that every execution
made an additional candidate for the hangman.
1t was shown too that own legislature had been
impressed with this fact, and accordingly decreed
that the evil-disposed persons for whose restraint
the system was to be maintained, should not be
permitted to witness the great moral spectacle at
all!
Against these established facts, Mr.. rs" seeks
to set up his prori speculatons in regard to the
probable effects Of the fear Of death. because
the fear of DEATH in certain instances, has no ap-
parent effect, we are not to assume he says "that
it does not act as preventative TYPO it is sup
posed for prerentite)in multitude of cases which
doubtless transpire." Are we TO assume that 1t
does act as preventive in the face Of uniform ex-
perience which shows that it does not Can "S
produce any evidence showing that his multitude
of cases doubtless transpire'" Is there any man
living who will say that the fear of death has re-
strained him, or who knows that it has restrained
his neighbor, from committing murder? Why Is
it that the advocates of capital punishment will
continually push their theories and conjectures
against this wall of facts if they admit that the
institution is neither desirable nor attractive IN IT.
self, If it be conceded that eternal damnation Is
good per Sc, we can understand the mental expe-
rience of the famous old lady who was greatly
exercised at the sermon in which her pastor in
clined to the belief that most people would proba-
bly, repent and be saved and who after extorting
from the divine the reluctant concession that a
fe,c might be damned, exclaimed "That's better
than nothing!' So if it be conceded that the
legalized strangling Of human being Is desirable
in itself, as means Of affording public enter
tanment, or gratifying spirit of revenge, but not
for any benefit which may accrue to society inthe
prevention of crime, we can appreciate the men
tai operations of those who, seeing that experience
points TO such constitution of human nature that
the spectacle of a violent death inflicted by law
hardens and brutalizes to a more noticeable de-
gree than it terrfes and restrans, still urge their
irrelevant probably" and "might' in support Of
their hypothesis.
The maxim that tie efficiency Of punishment
depends, not upon its severity, but upon its GER
tainty, is universally accepted as the basis Of
true philosophy; yet the idea seems TO be novel
one to Mr.. as" He says we "may as well say the
same things against all severity and all punishment
and recommend that all crimes be judged and
punished alike that is, not at all That Is, Mr.. "S
says in effect, that offering the murderer imprison-
ment for life, civil death instead Of death upon
the gallows is the same offering the forger and
the thief complete impunity The logic of this is
quite equal to its fairness. According to all ra-
tional investigators punishments are imposed for
the purpose OF protecting society by retranng the
criminal aua deterring others of like evil tenden-
cies and for the purpose ofreforming the perpetra
tor of the crime. So far penalties conducive to
these necessary ends they have no severer advo-
Gates than the opponents of capital punishment.
But they insist upon stopping there, because vim
dctve panishments are as unphilosophical as they
are repugnsnt to human nature and christian
ethics. They would hang i necessdry; but having
shown that Imprisonment for life win better an
swer ali the ends of pun 'shment, they would no
more kill man, than they would cut OFT limb
which only required bandase. So if experience
in all enlightened communities should prove that
the penalties usually imposed for forgery and lar
cepy have no efficacy in preventing those crimes,
every rational person would demand the abolition
of the penalties. But experience does not show
this, and no rational person makes the demand.
But the most anomalous specimen of reasoning
ever presented to an intelligent community seems
to be that involved in the concluding reflection"
The State, it is argued, in its capacity educator
and guardian of the moral sentiment ofthe people,
must vindicate the sanctty of human life, and in
order that this sense Of its sacredness may appear