THE public attention seems lately to have been turned to the question of the right of society to inflict capital punishment. This question was much agitated in Europe in the latter part of the last century. The Marquis Beccaria, in his elegant treatise on crimes and punishments. and Voltaire, in an essay on the same subject, discussed it with much ingenuity; and urged the policy, and developed the numerous advantages of its abolition. How honourable would it be to America, if this great desideratum could be effeeted in this country. H. Calkoens, an eminent lawyer in Amsterdam, and the celebrated Michaelis, maintained the lawfulness and utility of capital punishments: the former in an elaborate work on the means to prevent and punish crimes, inserted in the 4th volume of the memoirs of the Soc. Floreant. Liberales Artes : and the other in a preface to the last volume of his commentary upon the Mosaic Laws, publish For the Christian Disciple. ed at Gottingen, in April, 1775. These writers were followed and their position supported by Filanger, in La Scienza della Legislatione, Tom. iii. part 2, chap. 29. Although these writ ers endeavoured to weaken and refute Beccaria's arguments by subtle distinctions; and it must be confessed that, in some respects he has taken untenable ground; yet, upon the whole, the chief force of his reasoning remains in its full strength. None of Beccaria's antagonists consider general usage a sufficient justification of this power: nor do they appeal for support to the Law as promul gated Gen. ix. 6. considering that this declaration is not to be extended beyond the limited period for which it was given. But they nevertheless insist upon the lawfulness and usefulness of this stretch of power in some cases. To meet these apologists upon their own ground, I do not hesitate to say, that men did not, nor can it ever be pre 4 sumed that they did, surrender to society the right to punish any crime against the community with death. The fallacy of the reasoning then, because man in a state of nature has a right to defend himself and his property, even at the expense of the life of an unjust aggressor, therefore he may transfer to the society over his own life,is too glaring to deserve a serious -discussion. Nor do I perceive that there is more solidity in the argument, that because I may divest myself of a part of my natural liberty, with a view the better to secure the more essential parts, in favour of the society at large, and may clothe it with a power of compelling me by corporal punishments to -submit to its laws, therefore I can dispose of my life also; and the society may consequent Ay take it; whereas in no case was such a power originally - vested in individuals. social compact for their mutual benefit. It is a mere arbitrary assumption that because, when moderate punishments prove insufficient for the well being of society, more severe ones may he employed in order to obtain the chief object of the associa tion; therefore, when nothing else will answer the purpose, a final recourse to capital punishments is unavoidable. In the same manner, the torture, the wheels and other cruel punishments may claim adoption. But this precarious assertion is also built upon the assumption, that such a right could be and actually was vested in the society at large while it assumes proved, that capital punishments have a greater efficacy in the prevention of crimes, than any other corporal punishnient, or even imprisonment. as This will appear in a still clearer light, if the ebief arguments in favour of capital punishments are impartially considered. 1. The certainty of death, and the immediate presence of its horrors. Self defence is the basis, on which any one may repel an unjust aggressor, even with the loss of his life, in a state of nature. But this power does not originate in any abstract right, -anutually given or assumed; Daily experience shews that much less inherent in the nature this impression is generally very of man. Neither is the act jus- weak. It is but the pain of an tifiable after the aggressor is instant, passing off, as in hangdisarmed, or disabled from doing, in the twinkling of an eye. ing further injury. I acknowledge that a premature death may sometimes be the consequence of corporal punishment, or severe imprisonment: but this, acceleration is no necessary consequence of the infliction. It would not therefore be in the contemplation of individuals, when agreeing to enter into the Unprincipled and hardened offenders, without respect for themselves or affection for their friends. are not softened by its certainty: while more unhappy individuals, who by the excitement of a sudden provocation, or a temptation too violent to be withstood, have, committed a crime, are benumbed by a lurk ing hope of reprieve or pardon. Compare this with the impression of an inevitable certainty of a severe corporal punishment or perpetual imprisonment, without the hope of pardon; and believe, if you can, that capital punishments would have a happier effect on the public morals. Although I would not absolutely shut the door against pardon in every case, I would wish the prerogative to be exceedingly limited. It should, in each instance, be sanctioned by the highest judicial tribunal: nor should it ever be granted on light or frivolous grounds. Will it be said that a sense of the shame and disgrace of a public execution and an infamous death, makes a deeper impression on the mind, than perpetual confinement can produce? Is the culprit under the sentence of the law, anxious for his character after death? Is he distressed at the sufferings of his relatives and acquaintance? It will hardly be urged in favour of capital punishments, that the culprit may be brought into a salvable state, by the ministrations of a priest, during the few hours previous to his death. Whereas he might, in a solitary cell, be humbled by remorse, arrive in time to serious and improving reflections; he might repair and atone for his wrongs, by listening to wholesome advice, by correcting his erroneous views, cultivating his intellectual faculties, and subduing and controlling his irregular passions. But it is feared that he may commit new crimes -certainly not during his confinement. If this be temporary, and he returns to the paths of vice, let the next imprisonment be for his life. Is it not a mischief to the community, and an act of cruelty, to prevent a crime by inflicting death? 2. The public benefit is not promoted, nor is satisfaction procured to the injured party, by the death of the malefactor. What satisfaction, or what redress, can the murderer give? The first object of a wise legislator, is to secure the infrac tor of the laws, and to prevent him from perpetrating further erimes. It is true, this is effectually done by the death of the culprit but it may be done as effectually by a rigorous confinement. In this manner too, satisfaction to the injured party is rendered in some degree attainable. In the other mode it is made impossible. Further, the death of the malefactor may often cause a new mischief to the community, and even sometimes to those whom he had offended. It may be the loss of an excellent mechanie, or a man of great learning and knowledge, who if secured might remain in some respects useful to the public, to the offended individuals, and perhaps to his own destitute family. I know it is pretended that the chief object of punishment, that of deterring others from crime, is obtained by the inflietion of capital punishments. But who sees not that this is a fruitless attempt? What impressions are usually excited in the minds of the crowd assembled at a public execution? hor ror of the deed ?—a firm resolve not to tread in the same steps ? No; it is compassion, and it eruelty be a part of the infliction, it is compassion for the sufferer, mingled with horror at the law, or those whosè duty it is to administer it. Another baneful consequence of capital punishments often exhibited, is, that the people become familiar with them :while confinement remains a perpetual and dreadful beacon. The important point is, that no crime remain unpunished, and that no prospect of a pardon easily obtainable, take from punishment its influence, and harden the offender and it is a matter of experience, that in the proportion that punishments are more severe, and more frequently inflicted, crimes are usually more common. Look at France for one example, while among the Arabs in Mus cat, where theft and homicide are punished by imprisonment, those crimes are said to be less known than in any other country upon the globe.* This article is supposed to have been written by a foreigner, who has for some years been a resident in a neighbouring state, and who is vener able both for age and learning We hope his reflections will be duly considered. SPRING. So many expectations are answered, so many hopes excited, so much life revived, and so much beauty and pleasure manifested at the return of Spring, that it cannot be ungrateful to any one to have his contemplations directed to this charming season of the year. The first sentiment excited by the return of Spring is the faithfulness of God. When after the apparent death of nature, when all has been long chilled and frost bound, and the impatient husbandman begins to look for the first motions of returning warmth and life, how delightful is the sentiment excited by the first indications of awakening nature. God then has not forgotten us! He remembers his ancient promise, that "while the earth remaineth, seed time and harvest, and cold and heat, and summer and winter shall not cease."-This sentiment of satisfaction which is most sensihly felt when the Spring has been long delayed, is in some degree impaired by the constant regularity which we have long witnessed. How pleasing must it be to every reflecting mind to find this admirable order preserved, and our dependence upon it re-assured! Besides the faithfulness and providence of the Supreme Author of nature, the return of Spring seems to exhibit him in all the fulness of his beneficence and the inexhaustible variety of his love to his creation. What an universal movement of gladness and expectation commences with this season! What an overflow of animation and joy! What a generous exhiliration takes place throughout nature, when God reneweth the face of the earth! The frosts, melted by the breath of Spring, let go their long imprisoned waters. The soil yields and moves under the mellowing influences of the sun. The teeming earth pours forth her innumerable varieties of life. Then every living creature becomes conscious of a more animated existence; organized beings of every description exhibit indications of a superior life; and animate nature seems to be approaching to the limits of vitality. The fields and for ests exhale a breathing fra grance, and show an increasing pomp of vegetation. The meads invite the flocks and herds to luxuriate in their soft and generous abundance. The peopled air too is in motion. The time of the singing of birds is come. All the hearts of the various tribes of animals seem touched with exultation, impatient to show forth the pleasure which they feel, and to call on man to rejoice with them, and praise him who satisfieth the desire of every living thing. Every thing in this delightful season of the year, calls on man to unbind his heart from the ebains of selfish passions, and to loosen the sweet influence of his benevolent affections. Every thing calls on him to come forth, and enjoy the bliss of the reviving world. Every thing invites him to give up his heart to God, the bound less spirit, the unremitting energy and share with him, whose name is love, the joy of beholding his creation happy. In this season of the year how refreshing is it to the debilitated and confined to taste the sweetness of the air! Now the sick whose heart is not a stran ger to the love of God, sees a promise of his future care in every bud that opens, and hears a whisper of his mercy in every breeze that reaches his almost languishing senses. Every thing tells him that God still animates and blesses his crea tion. Every thing reminds him that "he giveth power to the faint, and to them that have no might he increaseth strength." Before we turn to another topic, let us stop and observe the goodness which is manifested in the gradual opening of the year. Here nothing is abrupt, nothing unexpected. The days gradually lengthen. The sun mounts every day a little higlier. The air becomes more tepid. The field gradually acquires its soft green hue. The various labours of the season succeed in easy and appropriate order. And every thing seems accommodated to the convenience of man. What comfort, what health, what protracted and ever renewing pleasure is thus provided! If the sun were to pour at once on us his midsummer flood of light and heat after the cold of winter, we should faint and sicken under his overwhelming warinth. The productions of the earth would vegetate and fade in the same season. Now, man has time to accommodate himself to the expected changes of the year, and to adapt alike his labours and his hopes to the growth and progress of vegetas tion. Again. Who can go out and observe the tender herb just shooting, and the timid blossom opening itself to the yet doubt. ful gales, and not feel the dependence of all nature upon the great controller of the year? All yet is promise; all yet is expectation: but who can re fleet, without awe and revers ence profound, that before tomorrow's sun arises this exube rance of life may be checked, |