The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-05-31
Capital Punishment.
BY HON. T. L. HUGHES.

bI HUN. L. Il. ii HU6f1ES.
Within the last few months the
subject Of capital punishment has
been attracting much attention in our
county. The late murders, and the
execution Of the boy ]. W. Jackson,
have stirred the heart of the commu-
nifty to the core. The criminal code
of England, as it stood 70 years ago,
as it is well known to your intelligent
readers, attached the punishment Of
death to more than two hundred diff
ferent ofenses, many Of which were
of a comparatively trivial character.
1t was then a capital felony to steal
property to the value Of five shillings
from dwelling house, to steal to the
amount Of forty shillings on any nav
igable river, &C. When these severe
statutes were enacted, it was doubtless
intended that their penalties should
be faithfully executed, as no sensible
men would ever make laws without
the design Of carrying them into effect;
and under the reign of Henry the Sth,
Hollenshed states that no less than
two thousand perished annually under
the hand Of the executioner.
But during the seven years from
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1902 to 1909, the average number for
each year was only 81, and these were
for the gravest offenses, and even the
wise and cautious DIR. Paley exalts the
wisdom which had planned a penal
code by which severe punishments are
denounced, while in the great MAORI
ty of cases only mild ones are inflicted.
But such has been the influence of the
movement party in England, that bills
were brought into Parliament and
carried through, by which the death
punishment from about 200 ofenses
was moved, and gradually brought the
criminal code into its present state.
In our beloved l. country the only Of
fenses that are punishable with death
are treason and murder, and practically
only attached to murder, the willful
and malicious destruction of human
life. The greatest crime which man
can commit against his fellow man
is distinguished as it ought to be from
every other crime by the direst penalty
known to the law. No one will deny
that the severest punishment which it
would be right or expedient for society
to infict for any offense should be ap-
propriated to this greatest Of all Of
fenses. But the question has been
raised whether society has the right,
in any case, to take away human life,
or whether having the right, some
punishment milder and equally effica-
sious might not be substituted for this
dread resort. Scarcely year passes
in which petitions are not sent in to
some Of our legislatures praying for
the abolition Of the death penalty, and
these efforts have produced so much
effect that it is incumbent upon those
who are opposed to the innovation to
vindicate their dissent In canvassing
the arguments of the advocates of the
repeal of capital punishment, it will
be confined to the case Of murder, of
course, as we doubt and deny the ex-
pediency Of furnishing other crimes
with death. But we have no doubt
whatever that it is both the right and
duty of society to accept Of no price,
and make no commutation, for the
life Of the murderer. The strength
of this conviction has not been in the
least degree impaired by dispassion-
ate consideration of the subject in the
light of Holy writ, and the justice Of
the awful punishment.
See Genesis 9-5-6. who so she'd
deth mans blood, by man his blood
shall be shed, for in the image Of God
made he man."
The law as given to Noah does in
its most obvious sense command that
the willful murderer shall be put to
death. The most critical inquiry into
the meaning of it's terms only seems
to confirm this Interpretation. It has
been understood Sc by all men, in all
ages, until these latter days. The
universal belief of all christian nations
has been that God has pronounced this
doom upon the murderer, and the
public conscience has everywhere,
with mute awe, approved the dread
award Of human justice made in full
fillment of this Divine command.
But was this law intended to be of
universal and perpetual obligation ?
We see nothing in the law itself, in
the circumstances under which it was
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