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1 Call for the Abolition of the Gallows 121 (1845)

handle is hein.death/cabgal0001 and id is 1 raw text is: UNIVER SALIST WATCIDIAN AND CHRISTIAN REPOSITORY. I HtAVE SET WATCliMEN ON THY WALLS, OJERtUSALEM! WHO SAIALL NEVER HOLD THEIR PEACE DAY NOR NWIT. VOL. XVIH. MONTPELIERI) VT., SATURDAY, NOVEMBER 1, 1845. NO. 16. N C:ill for the Abolition of the Gallows, othr judicial authoritie,) to that of one of the m- I cells. They can be cai ly pr ,luded, notonly from all For the following rea son ie of thei address- emineolornents of the Luch of the city of Newv possibility of evenpe, butal- from that of injury to ing themselves with _ruater force to soitie minds, and York-the worthy (in of a worthy father-who b1is their keepers within the prison. It i4 also an essential others to othrs-veblivhIthePnish of derived a deced opposition to the law of death fromtpit t of lie proposed P1eform that it should be accom- Dea'h is not oniv uNnecessiry, but fir rise than th opportunities of obscrvaion alfforded by hi, poi- panied by the abrogition of the pardoning power in unnecessary, poitivi ely and hiiv injurious in its di- ton; and who hais remarled, tha t while it cxcludes suh ences. rect and ind irect influenuce on st-ilety; and thiero re 10m the jury box a large tproportion of those persons 5.- We call for the Abolition of the Gallows, ifluenc on (.(ie(Nj; an in heri best,. ifortheIbrllio oftheGalows call for its tbolition,-n'ith the pslitution, in the t c eent rirtant funcon, ng ofa absolute and demon- cases to wh ich it i now applied, of solitary imris- -nditi into it a larce propoirnoin of [hose whio do take I LcATs n ohing coan bsolteandemon- ontert fr I e, at Iabor, wiih civil death, atid beyond !ieir scat there, witlit inds more than half unfitted I lra le necessity can ustify its oniinteaice. Avoi- i teft iiuduiedi wiceheyae wu h ii)L i! niii~iy-cal argument upon the at-Krict right ibe reach of the pardoning oe; txcp for the pr rn duties to which they are sworn. a.- we C LCUll foriileiprI (of .ciety to juilict thetuo islirnentotf'iDeath, and con- pose ofgranting a new trial in ca-e of the subsequent 3.-e ue callior the ollion of the G,llows ceding it, on the principle of -e-defence, when no discovery of new and mteriiai evidence. BecAusE, it isa gre.ll ii take to suppose that the iher adequante mtn uts ofself-defence exist, we insist 1.- We callfor the Abb5holition of the Gallows. fear of a possible chan ce of death-that inevitable end tha it is only in a clnar/ cataois/td case of such ab- BeAly tto wiich we all know that evr) m step in il eis bring-t hotitsnltCainl,, casth P rnihft noh bea - ECUaEopleth decisive preponderane thep arusually nneuchsityate f mtnd s o yhe Evrtabh ulon y no- meat to be onught witfiin [ite Sacred S *ofptue argain, unearer and nearer-has often mitch iffec in cl-ed . In tite-,)c(2 of ie at crighull oeni- rite ~ ~ ~ ~ ~ I Oin iftucpopse.-lom.A alttr t s dd men fronm any ;let to whtich they are iln-dance and argitnietit addluced by those \,hIo have writ- hite f'teoirofp o de lom of Moi i s for thepolled byarty powerful passion ot muttive. They t e i ca n. i i LitPunishni citt, no, uch clear necis- ed OOIY ~~~~~~~~~~usually in Sucht a skle of' mind as to defy and despi t a e o rtndd xe tt jxlt a o peculiar people, tte peculiar nd,h Ind tioe pectiar it; or else, impelled by temptation and deceived by e in those writits an absolute demonstration of the leisa togethter with thlat of a single atmbi 1ahope, their feat ofit prompts only to more effectual proposed reform, cannot at east reiue to adlit tite thepropoted ro h e her a, wt precautionsfotvconceelmentrong case probabilitme m u de cumtnb them, imposin- nis text ofa a Nw Teament is eautilwprejuoil is otrinetcha efagreaeor lss rkfncounter e t teologians pervert itito a perpetuai and univer l thaisdethen tare lnlive sin ,Tnitualss t ired jctisat least the duty Ie cpeiitout-n exrerimelit rigjunctin, only by a poceur s of' oistrnsatin alndte hicat n ony too easily hi taindoed, i, contrary iew spels in witis rc atd oexact, rfrote odeatr when acti ally clo uanl certain, is very dii- to all probatility, our experience siuld prove less ems ofr t le ast equal piety Ind learn in g.l li yat i o f r m t c n l s n e e i h t ccrsful t an t iitndof ctii s %1 ho have teen afraid to the era gspd onewitteebo are orti d is nd otful even o venture on the same, under i lirct stancesless bavora- 2.-Weclfrelorm, theo other Gid, allowst every the tpanie of area ltyer less riat of encountering tan of its infl . BELLESE it IS We 1 ettledbXIOe tthat ourCer-n. thedetter, wthianyttor imosabiltyoofeecape)o Page of tte Ne Testament is beautiful wi ttits r- i As a deterring penalty, wveakened as it is ry the e bolitin, the Gatllows triant testimony;tle.light of which glows only t diminished probability of it infliction, it is beiercd ta least ought noo, under such circumtaesrd, to e refus- brighter from tle failut o(pte efforts made to find o abe a far less eftect.ive nod useful one.aspageneral rule, ed even c o1 may instrtits tat t ise formedabl de ge o sve,) illo extractfro orthan thea-ufsiiuieproposed. ThLivt when ctually deep and earnest feelings rod convictions of a ve y three uncertain texts , a scant a nd doubtful tolera ii il within tile shadow if the Gallows, there are feex wholrgait ncesgpotinoth cunuiiton of a practice emphatically condemned by te prob wouldto pry for its commtation into iprisodnent cientiousy opposed othe Pnti ineot of Death, pervailg spirit of the Volume. et while both are still ditant anti doubtful, evn n t hich are so painfully shocked and outraged by ever 2.- oe cll for the rolitihn o lf the Gallows. ghe suppostion of an equalit o it chances, the rhugr uctaion to ts Pinlictio vorabl thanit is a well settled axiotn, th at the cr- of the la tter, wtainty n tter imntoswibility of escape or 6.- -ht i tcllfor the n eJbrielyun oftre Gallows. thm opunishement is a c uc Fmore effectual re- deirdon-perptuittI ignti rioed alborious and cIta- sIraint from in roe -mli a sevi-ily A c-I') 1ltiry -will, to :l ar-i' uijorl' tl m mid,preseitlfa ux-s, while tile reasons thus tar adduced are ble ctance of a less penalv bu(provided it le stunit fI teabl) e by the mtocsi sai sticne ua the aIlizi ' n rutalizin inecsu ptfn socit ; ml- formidable degree oo everity) willn alw fs ocerate fark heard eoa of'deur out o every fie to ndlom f tile cis ta a d lcirimthe prwhiocs suhsit vat may be aioopt- more influentially on condufiti ,Ia less probable I pol-iion is Piresen ted, th; they would prefer death cd xviihIIsafe.ty atnd poletlile advan lafe. our cale does cytat of o, greater. Thie mind brooding overtensT culto toerli a d aoi m. romo is the force of this arnot stop at ttatpoint but we Trive our strongest ob- aeon to crie, dwiell on tile brit lights of its en- go hrent ii acresed, wheta we add to it hepr oft reive jcion t o he ofDeat h o t is su- vorableehatices far ar arthanc(intle darker shades of ly inoreasei certain l of Punishtent which it of i- jlo that it is fir worse thinmerely useless-that it is the, sanie perspective picture. From tlte days of Din- dentild woIth attend tile prota-ed reforin. It is a fact fatally pernicious, arInd attended with thle most demor- co to our own, penal law flis constatntly found ir-c,;f established by tile tiust conclusive _tatir ies, that the alizing ;Id brutmlizing- influences upon society ; mul- conmpelled to ltroinute its Own steidllless id efficiet- fear of the penalty of death fias never been foond ef- ttPls'ing tht- very critie which it vainly seeks to pre- cy of action, by a moderation of the harsher Sevenities fectual in restrain muen from ,, host of miinor uhifnces ven't by imfitating and suvgcestlag ,-so, that, in thle hequea tltd to it from the mistaken Policy oif k le-all*t witich i ithas been aplifed. In all the progrr'~sive opiinao~ of' mianay wvho have rfe~i much on thlis Stil- I iglitened imes. Laws at %ariatice with public sell- mehoit ion of tile penal code, -tile sec!-titution of* in)- Jet,'tile h/ioanrt rli-s lit t-he tdiiecf. or ind~iett ittent aie confessedly inoperative; and in propor- pri-roiment for death lias alwas been found to work cause afmore ctrMdr than he iotr ptnishes ora- tion to tle extent of that variance is tile uncertaintly of with perfect ucc(.-, diminshiitg instead of increas- -venges. their execution. It is not to be questioned that a deep ing the number of the offe'ces mconitted ;land there 7.-We eal!ffor tic .-2loliioin Cie GUallowis. and strong publicfeeling hostile to this social institu- 'is e-e-y reaso to anticipatcwii confidence a similar BECAUSE, it is founded on and sustained by a ral tion of the Gallows, pervade> at least a very lar Ibeneficial result, from extet ien it to tire few crimes cal vicious tounral principle-the principle of -- portion of the comnlmnity. Whether it be of a ma- whil are yet Ilt on our -titute book as punishable ,rance, a principle which; however it may dtisguise it- jority or a mminority, aflects this argument only in with ood. (See Append.:,.)I self under the nanme of Jtiir, is condemned not less dfegree. The aion of juries, when death is tie s 4in .a We callfor the Abo ion of the Gallows. empltmically by tile highest wisdom of human rason. it issue, is proverbially iregular-inclining in the BC it is nOt iecesslry 10 lang A 10t who thnt by the pervading spirt of the whole faith and long run improperly to the side of iercy again0t s ctmitted a murder, fo te prtectiun of society philosophv of'Christianity-at least 'n a rule for humant truth, though otensionally for stort periods, osib'1 I g'Inlt a possible repetition of the act. That argo Iaction. The prevention of crimeI and the reformation in- back to tie ooii nsirectreine ;-thie two alternatt- it -. .t til cvi Is thus fatally oeciprocatirg each otwer,o artxca tet woul, itt sti reater force, I tre tihe de- of t e criminal, are the sole oijets of a ju t and titlr iv eisc whuiftalyrIprocan uneath an duwsex '-ruceon of every homicidal lunatic, and indeed ofeve- pen if system. Vindicixe Puihment, on any rule uve hen iericy whii chi cr1ints iii unjut v or lunatic, from the iueral iendency of insaity to- of retaltiation, apportioning penalty to guilt for its own punity to guilt, followed by an excessive thoucih rief ward hoaticide. It nI ot deemed necessary to kill sake, to satily an imaginary if not impiously pre- heverity, which is sormetimnes itsty and rash in inflict- every ferocious wild beast, I--inst which society can suliptuous t ilibrium of retribution, We hold to be tag irremediable punishment upon innocnce. The for its amusement protect uself with entire eand worly oin it at kast to human hands and human probability of escape, derived from that wide spread security, by inclosin g tem in cages. Lunatic Asyl- judgmlet.The benevolot ofbects above referred o, repugnance to the death dooni which is more or ssums have no difficulty in cesect. The science oftAs - prevention and v ohi-ir curs a r t of Stroll!; in every jury-box and on almost every bench ur> IIi.eno dflitilt totnc-a ccl. he angifi d bey ryo delusiveflatte o f her benh Iprison construction and pri n-di-cipline at the present merciful love even for the wrttchi ws very nime and fiagmefaed by the delusive flatteries of hope, cans day, is anaontly adeq o inthe safe costo' f a- i. es his r-cied ness, ttust be the sole aiis if IA not but be a very dimaterial elemtent in the calculations n beScommited to the su-h punt hments as ce cat claim aly ght to of terprono ed tatint ca t tt te n a triple and quadrup swalls of their solitary- Oe uf ite itwo essentils objetsi Ott tly v'ilato of the propos1itr the-ndeathcpunotIhltdenied.t fthat therIt-tate, not toi'-- action of tite law would be much more certain, u i he same tendency is also seen to exist in tie 'i)e of le-.i firm, is rte revol ttinc unition iif the i t ntto i form and smeady' . Cenvictions would in manyo eist \Ye have no statstics of our o, hcountry collected on lit ub n-mna l li take the place of these improper acquittals, xwhich ict ;butin -Eqlmd, whc-mtlitere are copious and ariuNeoIf l ii Iil le011illv' fiat itireialiation encourage crime in others by their example of impo- where tt-s hiorror and detes:at-son or the crime ornuider is crI claimo01,Mod for bood, tha it is inflited nity and let loose the worse criminals back upon so- tainly as great oi the part ,r0uors r itcan b any where, t . s bah spirit of VeVgrtce in various degrees an 1 ciety, hardened by a irst gui t, and emboldened o its fesan alay n ei suisdthat o xcec rilon oc cation tits to utrth, pervad' a large part a th p a s, x - - ~ ~ ~ ~ iscoin itnicnts I ises as that ofcxerlitinns i convicti-- tis fte s ivilized Ciritiran cortliflits, tlttmhri repetition.* In this connection we may refer (amiona The fewer executions there are, and tuegreiter number of iom no inin lstmn commuit the xh i itiltairs, thw more ready ari jirors to convict. In atspeecInthe N * Tro show a fare increase in the proportions of convitans in the House of Commons or c5th March. 1140, MrV% w;t light of that Go l which SO I:\ mf them lt, as i to commitments on itre removal of the death penalty frn oth- showed that while for tient years before -o. In a i comprehended or felt. In the La-v of Denti it stand '-r offences than murder-thus showing the increased ste-i Wales, the annual number o, --cutions had been N t-i pro- revealed in is war-t and tit manifet hideounes, ness of the administration of the law through the Jurrws, ind portion of convictionsto comeajtmcnts had been 10 per ce-it 3 and byits exapleextlcnes the increased certainty ofpunishment-would be smd by our in the Pight years ending wit! 8. ttP annual number ofex n y iexample 'x'rciss a strong Iifluence on the opponents to prove nothing but the repugnance of juries to ecutions being only 7, the prc artion ofoinictions t commit mora edcation of e-'ty commaniy iniihich it su the death-penalty for those minor offences. We therefore re- ments, had risen to 3'_1 per cc t Te rise would of course be ststs-on the formation of the habits of thou I frain from presenting any ofthe evidences to that point. But greater if the death-penalty xere entirely abolished. eeling of individuals, and of the general pi tn

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