The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-22

..sJoHues are NOT always right Some institu-
lions and established Customs. hoary and much
revered. deep-rooted and grown strong In the
directions and life Of multitudes defended and
supported by many well constructed arguments
nave been successfully assailed, utterly uprooted
and destroyed They could not Withstand the
revelations Of increasing light, and the pulsing.
of expanding life
In discussing the question whether capital
punishment Is the best method OF defense
against those forms of lawiessness for which
we now employ let us not think to exclude
All the considerations religious humane lust
In the innermost recesses of the human souI
there are compensatons, action and reaction
resuItants and issues, and balancings which
enter as factors into the problem of expediency
ana effectiveness And manifestly and without
&C ntroVersy. whatever Is not humane what
ever Is not just, whatever is condemned by the
essential truths OF revealed religion-cannot
be the best" thing of its cass-it cannot
ne the most effective. nor the most expedient
But, waving all possible technicaties and
racing the question as proposed by the VirRinian
narrowing the inquiry to the utmost lirnits-is
there better method of defense against these
forms of crime? II So then capital punish
ment is not the best. Here, however, let us
not be so unreasonable MS to expect anything
Ike physical or mathematical demonstration
such presentation of reasons and reflections as
should leave no reasonable doubt is all that
can be asked 1t may seem shortcut and
easy answer. an abrupt denouement, but It
Ifg legitimate. and pertinent and sufficient to
affirm that the production of right character
II the one best method. II the best 1t liz GER
tainy better than the death penalty. Here
we have it--ideal prevention and perfect pro-
lection. Will 1t be replied that this is not
the work OF society? Why Is It not? Has the
State responsibility here? Is Is not on
every account her duty to instruct environ,
ana lnftucnce--from infancy throughout life
as that intelligence, and right voliton, and
sclf-control and noble impulse and worthy
affection shall be the normal and most probable
issues? The affirmation Is well-ngh automatic.
And let 1t be further observed in this Immediate
connection that capital punishment. so far
from tending to effect the production or crea-
ton of such character diminishes~-if 1t does
not destroy-the opportunity to effect or build
such character 1t at least violently shortens
the period of possible culture and effort look
Ing toward this end. But, again, II capital
punishment be shown to be radically defective as
Ia method of defense, then-a prori-there Is
better.
Has this method been anything like Ideally
effective? No. Whatever may be the full
and complete explanation of the fact, it Is a
fact that there is more of lawlesness of the
graver type where this penalty is applied than
where 1t Is not. And, in so far AS these forms
Of crime have diminished, the change may be
fairly said to have been wrought by character
rather than by the penalty.
Then, too, of ablity-some well-ngh
universally acclaimed great-are record
having condemned and denounced this penalty
men by no means pre-eminent for tender heart-
edness or emotionalsm Of any sort but of broad
vision, and strong personality Is 1t not worthy
of note that they have claimed to see the de-
fcctiveness Of this penalty?
Serious minded men. by no means few, to-
day solemnly questioning the wisdom-the ex-
pedency-the effectiveness of this method Why
is this? Men of robust character. patriotic,
brave, some of the very strongest and most
noble or our citizens, are questioning, inquir-
ing, deeply dissatisfied with this method. and
seeking TO know If there may not be better :?
Us 1t at all probable that this would be the
case II this ancient method were the best Should
1T not long this have commended itself to
all such minds as the one best method In such
cases? Fortunately, this penalty Is not appl-
cable for the largest and most hurtful offense
against society II this fact has any bearing on
the point it proves that there is-or should be-
some better method.
! Consistent enforcement of this penalty Is in
creasingly difficult This Is not only another of
II many "straws'' which show which way
THE wind is blowing 1t is also an indication
CT something wrong-essentiaily wrong-in the
whole situation. Is 1t at all fair safe
to charge up all OF the evil here Ito evil heart
edness the part of jurors and courts? May
there not be here irresistible protest against
en- iniquitous statute--a protest which issues
IN a straining of conscience and a wrestling and
rcrverting of the reason in subconscous and
sem-innocent endeavour to find some reliev-
ing technicality or saving circumstances?
Once more: The theory of this penalty rests
upon hypothesis which-to say the least-s
debatable-open. indeed. to serious suspicion
and douht-namely. that fear of death is
the strongest, most controlling factor in human
nature. This, one may he pardoncd for be-
l'eving Is the rock which our theorists and
statute builders have wrecked their well -meant
! thought these many centuries. And, one need
not apologize for venturing far to af-
firm that the fear of death. dread of extinction,
apprehension OF the possibilities of dark. mys-
/ terous. unknown future is not the strongest,
most nearly masterful thing in human nature.
That mightest thing Is the Impulse of self
expression 1t Is the universal. persistent, in
vlncible impulse. 1t appears in the earliest
moments, and fingers until the last II controls
the best and the worst and all those also who
are neither the one nor the other. That method
Is the best which best lays hold upon and
directs this impulse; the impulse OF self express
sion Men deliberately and knowingly imperil
their lives, deliberately and knowingly throw
away their lives that they may have their own
way" that they may express themselves. Men
plunge desperately and violently into this or
any current vortex, that they may express
! themselves. That punishment must be the best
the most effective, which most largely assists
toward wise and righteous self-expression. The
death penalty fails here, because 1t tends rather
to harden the imbrute. If, them the theory
Of this penalty is based upon false hypothesis
or an hypothesis open to grave scientific sus-
to be the best.
/ had intended saying above (but writing
hurriedly, lost sight of II for the moment). that
the most prominent and distinct characteristic
of this penalty is its destructiveness. Let the
state address herself to the discovery of a
thod in which the constructive and reconstruc-
tive and creative features shall be more pro-
nounced and more manifest.