The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-12
THE CAPITAL PUNISHMENr QUESTION
Views or Senator Iueal,s OF Kansas.

Views OF Senator Iugalls OF KansaS.
We are all under sentence Of death. By
some mysterious and memorable law 1t is APP
| pointed for all men to die. Other incidents
may or may not occur. but death Is inevitable.
There Is no reprieve no now trial, no pardon.
| no executive clemencS. Life, the most sacred
OF all natural rights is the one OF which oil are
deprived by an arbitrary decree OF nature.
| Tho verdict Is pronounced and judgment rem
| dered before we are born.
| The right OF man to live ls sacred and incon-
testable. and yet 1t may be renounced. II
am attacked. have the right to Kill my assail-
ant II his death is necessary for the preserva-
| ton Of my own life. This is not denied by any
| code Of morals or OF laws Life may be legally
taken not only In self. defence but ia the pro:
| lection Of property. OF honor. and the State.
II the right to STAY exists. then the right to live
| is forfeited. because two contradictory rights
affecting the same individual cannot coexist.
Civil governments are established. among
other objects. to dispense with private ven
Geance. and to punish crimes against individ-
uals as offences against the social compact
The citizen relnauishes his right to kill the
man who has slain his father. his brother his
wife. or his friend. upon the agreement that
society shall ayenge the wrong, and punish
the offender.
This seems to be the rational justification OF
the denth penalty. which has been universally
recognized from tile beginning OF history.
And yet 1t cannot be denied that as the con-
science OF nations becomes moro sensitive and
the sacredness OF life moro apparent its intlic-
ton grows more repulsive. Tribunals. juries,
and legislatures are perceptibly reluctant to
enforce the fatal right OF retaliation. Limita-
tions are imposed. The condemned criminal
becomes the object OF excessive and mex
plicable sympathy. Philanthropy strives to
devise less terrible methods OF execution. The
barbarous torture OF the stake. the gibbet the
wheel. OF beheadinR and mutilation. once
deemed essential to the safety Of society. are
regarded with horror. and have been definitely
abandoned Humanity shudders at the con-
temptation. and inquiries whether the sacrifice
OF life is not indefensibls II the isolation OF the
felon is sufficient for tho protection OF Il
State from the repetition Of the crime.
The public sentiment for the abolition OF
capital punishment is evidently growing
stronger In all parts Of the civilized world.
For political offences, except in actual war il
has been finally suppressed. Had Waterloo
occurred two centuries earlier Napoleon would
have been sent TO the block instead OF to st.
Helena.
The right OF government TO inflict the death
penalty must be conceded The objects Of
punishment are to reform the offender and to
protect society The idea OF vengeance hes
been eliminated. No gentleman can be con-
sidered as reformed by being hanged. and the
only remaining consideration. therefore, is
that OF social utility. This is debatable ground
and Is not susceptible OF demonstration. |
There are some incorrigible and predestined
criminals. the wolves. tigers and oobras OF the |
human race. whose execution gives general
satisfaction: but the victims OF heredity Of |
want. OF sudden rage. Of ungovernable impulse |
are regarded with compassion. The indica-
tions are strong that society will ultimately be |
reinforced with sufficient intellectual and |
moral guarantees to enable 1t to dispense with |
this supreme penalty.
At present the general conscience would
probably reflect the sentiment OF tho chal-
lenGed juryman in Montana who declared that
he was opposed to capital punishment, except
when inflicted by vigilance committee.
The Legislature Of Kansas has adopted the |
ingenious device of ordering criminals con-
demned 10 death to be confined for ono year
after sentence to the pententiary. and then
executed at the pleasure o! the Governor The
result Is an accumulation OF a Job lot OF con-
victed felons. whose lives having been Judi
ciahy forfeited. instead OF being abbreviated
are indefinitely prolonged by improved diet.
scientific sanitary regulations. and enforced
good habits. at the expense OF the State.
JOHN JAMES ISGATIa