Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-02-21
WHAT IS THE OBJECT or THE CHM
LN.4L LAIFt

To tie Editor Of the Heane5ec journal.
Right and wrong ideas have more power among
men than armies with banners. The father of a
right idea the author Of wrong one, and the Cir
culator Of either, have not lived in their day and
generation for nothing. 1t is our duty therefore
to combat a wrong idea without fear or favor; in
that spirit which recognizes the right of every
honest man to think for himself, and submits every
thing to be considered in the impartial light of
truth.
The answer tc the question at the head Of our
article has been generally understood to be the
protection Of society, in the prevention OF crime.
Reformatorv Influences for the criminal may also
be provided, whether as part Of or incidental to
that object But in addition to these two objects
is there third, which looks specifically to vindic-
tive punishment or "rctribution?" Is there sep
arate object in the punishment of the criminal
HIMSELF" 1t has generally been supposed that
that was comprehended in the first and that it
was by means OF the punishment Of the criminal
himself that the law accompli,hes its ohec. of pro-
lection. Now when that object is accomplished
is there still room for the law to go further and
afford qualification to those feelings which are
said to be in the breast Of man demanding the full
measure of condign punishment which the often
der has in justice merited There is confusion
of ideas here. The Justice in the sense of which
the criminal is said to have meried, is the Justice
Of God; and to God it must be left. "Nengeance"
or "vndictive punishment" that which is sim
ply retribulive, belongs to Him; and men have
nothing to do with it except for their own legiti-
10 I,,th y tLa
that object has been accomplished; and the ques-
ton is, whether over and beyond that object, So
ciety can 90 further and exercise "rctribution"
dictated by their exaspcrated feelings and not
necessary for the legitimate purpose. Does any
man really suppose society is organized for such a
purpose; Ifso, the constitution should specify it.
Suppose 1t should declare that the government is
set on foot, first, for the protection of society
against the criminal by reasonable penalty; and
second, to visit upon the offender such further in
Fiction as may crafty express the feelings which
his crime has awakened in the breasts of many,
certainly not all, as our Friends can testify of
the community ii this would not be "vindic-
tive" what would be Would it be possible to
peruse the constitution thus reading, without a
sense of the ludicrous taking precedence Of reyer-
ence by the suppostion, the protection of So
ciety ia secured; and the object for which gov
eminent in this regard is constituted is fulfilled
" here docs 1t get its perogative for the third OBJ
Ject: The spectacle Of government and society
| having had their reasonable claims upon the of.
fender satisfied, sitting down to enjoy the inhc-
ton of some further suffering on his part, in pur-
suauce Of their of"what he dc serves" would
that be quite in ccnsonance with the spirit of a
sober minded christian people The feeling Of
desert is very apt TO vary among men according
to circumstances. II is stronger where our inter.
ests or our prejudices are concerned; it may be
wrought upon by interested Or prejudiced repre-.
seniations that it has no desire to hear the Other
side, ami the enormity of the charge passes fol-
!, proof of the guilt AZ has been said, "the frs'