New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-09-04
CAPITAL PUNISHMENT.
PROFESSOR FRANCIS WAYLANDS 'lE"o'
THE OPENING ADDRESS BEFORE THE AMEhiOAN
SOCIAL SCIENCE ASSOCIATION AT SARATOGA

PROFESSOR FRANCIS WAYLANDS VIEWS
THE OPENING ADDRESS BEFORE THE AMhhi|AN
SOCIAL SCIENCE ASSOCIATION AT SARATOGA
SARATOGA, N. Y, Sept. 3.-The annual
meeting OF the American Social Science Association
began this evening The prospects apparently arc
that the meeting will prove to be one OF great interest,"
The opening address was delivered by Professor Fran
els Wayand of the Yale College Law School, VINO Is tne
president of the association. His subject was Cap'"
Punishment" and he spoke in part DIS follows:
By the very nature Of the social compact society Is
bound TO afford the amplest possible proecon 10 human
is said that one object visiting crime with penalty is
deter others from committing similar onenc liza re-
can't al punlshuent act such deterrent Does its
existence the statute book tend to strengthen OF 10
weaken public respect Tor law oe from two
states second any In our Union for general
se3ee' TesSe s 10 10r MasssChusets and Connecticut
Let what the facts are beginning with Mss'a
1850 both Inclusive (omitung all cases which were not
actually passed upon by lurles there were enc
Twsnty.nine persons we're convicted OF tine crime as
charged Twelve Of the twenty-nine had tnelr aestn
OF the seventeen whose sentences were not commued
hung, committed suicide before tne uay
fixed for execution In twenty.s1 cases 'eru Sn
murder In the second degrees were rendered rendered.
In the neighboring Commonwealth OF Cga connect
l, 1885, January l. 1880. nnetyssyen persons were
vieed Of murder IN the rst degree In OF the
the sentence was COMMITTED 10 lmprsOnmen. ir mt g;
murder IN the second Seven were acquitted on
sole ground OF insanity There are i1stsu .ae
period OF time. thirty years preceding the year
the Number OF trials for murder In the hrot degree
muled To imprisonment Tor life Two were hanged Lhiee
acquitted on the sole ground OF nnns
the same period the number OF triaIs ior a Ine
Dat OF the 800 trials burglary 273 resulted IN CON
In three cases tue accused were pno S
is and abolished death penalty substituting imprs
onment for life. It's most popuous county 10 fioE,
that during the thirty years succeeding the date OF
the aootuon of capital punishment out OF uwea NY
seventeen convcous considerably more than NIFTY per
cent.
TIE DEATH PENALTY NOT PROPERLY ENFORCED.
II it thcro States in which statistics
would show larger proportion OF cases In which the
death penalty has been inflicted 1t Is also true that
there are states which the proportion very mucn
| smaller On the whole 1t may well be questioned
whether falrcr average could be presented than In inc
States from which our illustrations have been drawa III
this conclusion correct 1t seems to follow that the
deuth penalty enforced In our times and III THIS
| country as to afford adequate protection to
human life. The only legitimate objects to be ac-
| compished by any form of penalty for the crime
of murder are FIRST to ncapaciiate the convicted
criminal from dong society any further injury: ana,
| secondly, to deter others from following his example
But as we have seeu trial for murder means, with
nfIequent exceptions. Sentence TO imprisonment ior
life aud mprlson,nent for life means according TO the
most reliable estimates, confinement for FROM tweivs TO
fourteen years Tue medical report OF the state PRISON
Auburn, \. Y. for nifty years previous TO isoS sse
instructive figures on this point Dnrlng TINS peiIH 1
2l4 persons were committed to that prison under lle
| sentences. or these, thrtyfour dled from nataIa
one cseapsd aud ten were transferred other PRISONS
| leaving 1853 TO be accounted for or these
a nae one hSned 10 and V hSoa bad been
doned their average period OF servitude having been
view Of such facts these the statement 7t does not
seem extravaganza that Imprisonment tor l'e Is 10 a.;
l ,t,tan and "A
country" And IL is very important that we pear IN
mind that verdcs OF murder IN the second degree as
substitute Tor the death penalty rendered with IA
ull knowledge OF the prooa6ie consequences wo nave
declining 10 the galows, and the par
donng power is thus avshy exercised Il Is difficult to
how society protecting human life by incapacits
tug the criminal from repeating his crime 49,. ,o...
We have ooonsder ia the second place tue deter
tsucs have Deen examining Those who argue that
the punishment OF Heath does 'eIrg a Ue on
| murder were coni1entiay informed by Discreet
he nnlied the faia trigger administered the deadly
noison he might be detected that II he ala not escape
ic Womb be arrested; that after probable delay OF
anne mont tbs would he brought TO trial. that II he
could command the means TO employ me huinS Sholte
f lie period or indeed. other able LAWYER The ia
might be indefinitely prOonged tnat tue chaaces WeIe
t ana II iced quite good as Ten TO one aeaijst
his execution does dou0t that the murder would
e rnmniited If the woud-bc slayer very much IN
| earnestf
THE srDSTnUrE FOR THE DEATH PENALTY.
We are now prepared for the final inquiry What Il
proposed as an eGectual substitute for the death pen
| altyf Let us II imprisonment Tor ire VIII mol
| an.wer this requirement. As has already been re
married. the design OF the ccath penalty Is tw0i"id
Firs; 10 incapacitate the criminal from repeating oil
crime. and second to deter others from committing
| uke offence This Is ALL Restitution is impossible
Rerormation In the brief period between the sentence
| and the scafnld, is ngsy inprobablr. But, Clearly
society at large is as perfectly proiecleu i9n w 'o
| cr,ce OF a man who In confined In PRISON t0r Ie q
| bauyh n. were hlng by the meek until dead. Hang
| ing does nothing more than put MIN OUT VI tne way
DCiar now tge probable deterrent effect OF the sug
ce.t ed substitute for the death penalty lmprs0nmeh
for lfe ia a form OF punishment which may well appa
me ston.st heart. condemned 10 die and cher
;shng hope however faint, OF reprieye may Al VA
last W hen all hope has fed, brace hnseu ny suprem
.gnrf against The brief agony OF the gallOws ana NEE
Ills tate with certain forutude But nov II ne 1901
harvard 20 the certainly OF lifelong sec us0n from nj
iol,w.,ncni There room here Tor mock horoism o
hrayado spectacle there are no spectator
Nothne which tao world give Will ever minister =
~ ms nt or comfort break the sad monOtony d
MS weary days. To Others his punish m"nt ID sbhu
ren,ce a perpetial warning The lessons tangnt b.
h. ssIlows are short The dies aud isiorgoi
trn But the prisoner for life breaches from HIS ioho
LII a daily sermon deter IRON crime. .,
lin The deterrent influence OF this form v pena
viii bc materially enhanced by the greaty lhcIetss
certainty OF conviction aler ue.ec'ion a " fPon r.
made TO appear that possible mistake - ot IIopa
lie trials for murder will be deprived OF tner an0hiu
| InHs and exceptional features. The gdllows Will u
inoer cast dark shadow the court room: Ev
dence will be weighed and differences drawn ana pt0n
abilities balanced, and yercts rendered. as IN othe
rntna cases There will be less ioversh ex cleinen
fewer angry controversies diminished attraction IL
ths IDLE and vicious; In IA word much more whOlesou
a,mnsnhe,e material well moral for the exercis
of cain, reflection and deliberate Judgment Ana now
, n fIe 0ue ,tou asked-and certainly nothing cOh
more natural than such an nqury-H0w can the HtI'
executo on OF lie sentence be lnsueuf answer. ny
constitutional v before the court in which Il
prisoner vas 1t shall be made TO appear th
s | lie was innocent.
II ,,nurCug VEtJHER REPORT