The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-26
PEOPLES FORUM
Counter Challenges.


Sir.-Forbearng TO roam afar in wider though
inviting nelds-that is. to discuss at length aues-
tons of penal retribution Justice humanity re-
hgfon-sincerely endeavoring to hold the In
curry to the lines proposed by The Virginian I
nave presented reasons and reflections believed
10 nave direct bearing the specific phase of
the general subject chosen by that able and
useful journal as the vital determinatiye
and decisive point--whether capital punishment
is the most effective deterrent-preventve of the
graver forms of lawlessness In perhaps six of
those reasons and reflections the effectiveness
OF the death penalty method was indicated In
another, the very suspicious and debatable hy-
pothesis on which the theory of this penalty is
based was pointed out. In yet another, a true
method of prevention of all forms of crime was
proposed. None of these reasons and reflections
has been shown to be irrelevant or wanting in
force. And yet, waiting for the Proof" The
Virginian Stands pat on its affirmative dictum
Possibly, the fault is with my argument But
again, perhaps it is elsewhere instead.
ITO expect anything like a physical or
mathematical demonstration Is unreasonable"
because. first The Virginian's writer's and read
ers do not need such a demonstration, and sec
ondy. such a demonstration is physically i'm
possible, and equally impossible in either direc-
ton. How many centuries would 1t require for
such comparative testing and experimenting as
would satisfy all inquirers?
So far as regards the argument from stats-
tics, it has been fully confessed that this argu-
ment Is inconclusve. 1t Is of necessity abso-
lutely inconclusive either way. for either side
But, will the watchful and wide awake Virginian
kindly tell us just which way that argument
now looks. just what are the most natural
differences from a candid comparison Of such
reliable statistics as have reached the general
public? Doubtless. The Virginian is able to put
it's finger at once the figures for tho twice
Ave years period and give us the net re-
suits Of its findings-the balance of probabilities
indicated by those figures And. mark you. this
is only letting the burden of proof rest where
1t belongs IL on Psychological ethical or other
grounds the validity Of The virginian's major
proposition has been brought into the category
of things doubtful.
The Firginan says 1t is contending for
capltaI punishment, but for proper statement
of the arguments against 1t. AS I understand
The Vrginian's position. developed in the
recent editorials on the subject. 1t is contending
for a certain proposition. And, that proposf-
ton seems to rest, for this journal. upon two
hypothesis: Mankind have so held from time
mmemorial and the fear of death Cor love OF
lfe). lis the strongest factor influence in
human nature. To make the argument valid
and complete, these hypothesis have to be
proved, and not even then will the conclusion
follow, For instance. even If it be granted
though 1t Is by no means granted), that the
fear of death Cor love of life) is the one
mightiest factor in human nature, has the State
the right to assume that somewhere within her
borders there are possible criminals near GRIM
lnals, Would-be criminals who need this horrible
certainly die? And, further. can she know that
these crmnal-hearted ones are at just that
stage of their moral development and in Just
that altitude and of just that peculiar and
happy unhappy ensemble of idiosyncrasies
which this penalty will find" and reach and
effectively impress? BY what process will 1t be
proved that killing those convicted will appeal
effectively to the hypothetical near" guilty?
Even Sin the Southern States, where capital
punishment exists, but is not enforced" and
where to the death penalty is often added all
the horrors which righteously indignant human
rage device. 1t is shockingly evident that
this form of appeal to the fear of death4is-ssss~
enective As to the age-1ong opinion OF man.
kind: First that also is in a measure hypo- |
thetical. But, II proved or admitted, it would
not be conclusive. Many OF these age-long uni 1
fersal" opinions have to be revised. corrected, I