Year: 1869

what would have been the result if his SEN


teace had been commuted to Imprisonment


for life?


think no one will question that in the


cases 10 which have referred, the effect of
| the death penalty was more marked. the i'm
| preston made was stronger, deeper and more
| abiding, than could have possibly been secur
| ed by any other form of punishment, and
| with the love of life and the fear of death. SO
| strongly implanted in the human breast, this
must ever be the result, when this penalty is
promptly and firmly enforced.


l am aware of the objections which are
urged against this: ''reic of barbarism,"
come down to us from the dark ages" "a
disgrace to the civilization and progress of
the present day" are s.ereotyped expressions
you meet in nearly every newspaper article,
and constitute the main arguments in almost
every speech you hear in opposition TO this
principle. ifthe position L have taken, that
this law originated in a direct command from
Jehovah himself, be correct, then to sneak of
it as a relic of barbarism, is nothing more
or less than blasphemy. To designate it as
something which has come down to us from
the dark ages and its continuance upon our
statute books as disgrace to the civilization
of the present age, is to call in question the
wisdom of Him who framed the human mind,
who knew its powers, and It's utmost capabil-
ity for cultivation and expansion.


To call taking the murderer's life revenge,
IS perverSion OF reason, and would apply
equally to all punishment, to all retributive
justice, and discards the higher idea Ofmoral
ground as basis for human law. Now If the
murderer is punished with death because he
deserves 1t, because God commands it. then
the carrying out of this command, is the very
opposite from any feelings of retaliation and
revenge.


To attempt to array the Old Testament
against the New on this question: is a perver-
sion OF Scripture. There is no clashing be-
tween them, neither in spirit nor in the liter
al form ofexpression. When our Savior i'm
the New Testament gave utterance to words
like these, "Ye have heard that it was said by
them OF old time, thou shalt not kill, and
whosoeVer shall kill shall be in danger of the
judgment" Instead of modifying or repeal
ing the law of the Old Testament, he gave
power and intensity to it.


The attempt to excite prejudice against this
law on the ground that innocent persons have
Deen, or may be executed, is a perversion OF
facts. The wrong execution of the law i'm
the past has nothing to do with the principle
involved. The law contemplates the punish
ment OF murderers, and no man can be muir
derer In the eyes of the law unless he is a "a
tlonal being, person OF sound mind, and the
crime be proved against him beyond a ques-
tion and doubt. He who made this law so
framed the human mind that it is almo { i'm
possible to escape detection when this crime
has been committed. 1t might seem to us an
easy matter to plan and execute murder in
such manner as to make detection mpossi-
bic, and so it would be if our minds continued
to act with their normal clearness and Vigor;
but guilt makes us towards; it unhinges the
powers OF our minds, and it is almost invaria-
bly, the case that the efforts which are made
to avoid, become the very means which lead
to detection.


II has become very common with certain
class to speak of the execution of this law as
judicial MURDER" Choking men to DEATH"
"strangulation," with other similar choice ex-
pressions; but these are not the arguments of
candid, thoughtful men they have nothing
to do with the principle involved. Capital
punishment is right and should be sustained
and enforced, or it is wrong and should be
shown to be so, and abolished.


There are many who suffer their natural
feelings to array them against this law. Their
sympathies are stronger than their sense of
right and justice. Present convenience and
expediency are more potent with them than
future good. We judge such men charitably.
Ii we regard this characteristic as a falling of
| weakness, we set it down as leaning toward
virtues side; but we err in this respect right


is right, whether it be in accordance with, or


in opposition to our natural feelings. Wrong


IS wrong, In spite of all the sympathy we may


expend upon it. The indulgence of this


amiabe weakness is working untold mischief
| to society. Its influence may be seen in the


laxjty OF family discipline; in the loose views
entertained in regard to crime; in want of
respect for law, and appreciation of the sa-
credness of human life. Viewed from the
standpoint of these men, it is not strange il
the principle have advocated seems harsh,
and those who support it cold and unfeeling.
1 hoxy xrokk al H. n
| clslVe measures in dealing with crime, is more


merciful than hesitating, timid, and COM
| promising policy.


With the growing laxity in enforcing the
law, crime is fearfully increasing. If man
steals million of bonds he coolly proposes a
compromise and division of the property. II
thin vail of romance can be thrown over
one who has committed murder, he is acquit-
| ted, becomes famous, and is lionized. One
man seeks to heal his wounded honor by talk
| ing the life OF his opponent, and on the alb


surd plea of insanity for single moment, his


life is spared, he receives the cheers OF the
multitude, and the hearty congratulations of


the bar, the jurors, and the judges Another
| gratifies his revengeful feelings by numbering


his victim in cold blood, and if he has wealth
| and social position, they will almost invaria-
| bly, save him from harm. We would not dis
| card the principle of mercy; the tender feel
ings and deep loving sympathies of the hu-
man-heart are noble attributes without which
our existence would here be intolerable. But
these can never supersede the principle of
justice. Each have their own important
work to perform; each is TO exert modifying
| influence upon the other, until that day of
promise shall dawn in its fulness upon us,
when it shall be said, "mercy and truth have


met together, righteousness and peace have


kissed each other"


In conclusion, the question divested of the


sophistry with which it has been surrounded


is plain and simple; so plain and simple, it
seems to me, that all our arguments and elab-
| orations only serve to divert attention from
the real issue. Divested of these, the ques-
| ton presents itself to my mind in this light,
shall we as members of this Legislature at
tempt to repeal Divine law, a law given by
| direct command from God, and one which he


has never modified, suspended, or repealed


a law given by a being whose wisdom We can


not question, whose love and mercy far ex-


ceeds our comprehension, and substitute in


its stead human enactments? This is the


plain and simple question we are called upon


to decide at this time.