Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-07-05

makes some editorial remarks on the
question which appear to us as wise
and to the point:
Laws are made for society as it is,
and it is hardly TO be disputed that
III the average community the pens
atty Of death for murder responds to
a profound and nearly universal
sentiment of what is just and neces~
sary, and that is calculated to make
a deeper impression upon minds
inclined to the offense of murder
than any other that can be devised.
The sentiment to which we refer is
not only powerful but very salu-
tary one, of which it is the right and
duty of the law-maker to take advan
tage. The punishment of death for
the taking of life corresponds exact
ly and in way which every mind
can comprehend to the higest cons
ton OF the sanctity of life. 1t is not
merely feeling Of vengeance
which underlies the old law of
life for life. 1t IS a sense Of
justice which demands of the Of
lender the only atonemant within
the power of society to exact which
is at all commensurate with the
crime that has been committed. It
is very doubtful whether the substi-
tuition OF any other penalty which
the law can infict would not lower
the moral standard of the c0mmuni>
ty, taking it as whole, the ignorant,
the lawless, the vicious, and the
weak with the rest; and that would
unquestionably be very great mis-
fortune. 1t is true that all innocent
life, sacrificed to the law, can never
be restored, but all human agencies
are liable to miscarry, and none of
them can he thrown aside because it
is defective, since any other would
also still be liable to be so.
The tendency of modern society
cannot be said to be toward that in
creased regard for life which would
make it safe to try experiments.
With the growth Of large cities ;
with the lamentable extension, rela-
lively if not absolutely, of the vice
of intemperance and its attendant
temptations to violence with the
spread, also, of that lawless class
which regards society as prey to be
plundered either by fraud or force, |
and again with the corresponding
spread OF the peaceful classes which
~ longer think of defending them
selves, and fall victims t. the pas
sion or brutality of the lawless, we
have reached a condition OF things
where every possible safeguard
should be throw around human
life, and where the law cannot afford |
to sanction anything which would. be
generally interpreted as lowering the
standard of sacredDess for life. It
would be much safer and W ser for
ref0rmeTs to address their etfJrts
to remedying the defects III
the laws that exist, which make
punishment uncertain, or lessen its
effectiveness, than to the dangerous
of cheapening human life
by Tightening the penalty for taking
l.. Among these defects, one of the
most serious is the want, in many
States, of any adequate means for
obtaining an intelligent and compe-
tent jury. The antiquated rules
regulating this important part of the
OF the law often produce
an obvious and shameful miscarriage
If instice. Another defect hardly
less serious consists IN Une IIIauio--e:l
aud improper treatment of condemned
murderel., who ale allowed to be
de9lt with in way to sur
round their persons with peculiar
and with notori-
ely which often completely destroys
the wholesome influence Of their
punishment A condemned murder
Ell should be permitted to have inter
course only with his legal adviser,
his family, and Clergyman, If he de
sires one, and this intercourse should |
be absolutely private, without wit
nesSes other than the officers of the |
law, and should be uureported. Be
yond this he should be excluded from !
the observation or even the knowl- |
edge OF the outside world. The
execution should also be private,
with only such legal and medical
witness IS as are sufficient to perfect
" establish the fact of death III ac>
cordance with the law, which fact |
should be given to the public only
through the official record. Above
all, the prisoner himself |
should be prevented from
uttering a word to the public ex-
cept through his counsel or his
family. The shocking exhibitions
from the scatfold should be stopped, |
and any religious exercises de4med |
appropriate should be conducted in
private. Under such circum stances,
all that the public would see III the
execution would be duly authenti-
Gated, orderly, and solemn admins
tration Of the law Its impression
would be confined to the certainty
and the terror of the fate which fol |
lowed murder, and would be I'M
weakened by the counteraction of
unhealthy and misplaced sympathy.
Tne law would be indicated, the
prisoner would have all his rights
and no more, and society would be
the safer from it's unconfused knowl-
edge Of the direct and simple cons
fffaetiGn between crime and it's pen
altv