LETTER TO A COMMITTEE OF THE MASSACHUSETTS LEGISLATURE,
FEBRUARY 12, 1855.
SENATE CHAMBER, February 12, 1855.
Dear Sir,--In response to your inquiry, I beg leave to say, that
I am happy in an opportunity to bear my testimony against Capital
Punishment. My instincts were ever against it, and, from the time
when, while yet a student of law, I read the classical report to
the Legislature of Louisiana, by that illustrious jurist, Edward
Livingston, I have been constantly glad to find my instincts
confirmed by reason. Nothing of argument or experience since has in
any respect shaken the original and perpetual repugnance with which
I have regarded it. Punishment is justly inflicted by human power,
with a twofold purpose: _first_, for the protection of society,
and, _secondly_, for the reformation of the offender. Now it seems
to me clear, that, in our age and country, the taking of human life
is not _necessary_ to the protection of society, while it reduces
the period of reformation to a narrow, fleeting span. If not
necessary, it cannot come within the province of _self-defence_,
and is unjustifiable.
It is sad to believe that much of the prejudice in favor of the
gallows may be traced to three discreditable sources: _first_,
the spirit of vengeance, which surely does not properly belong to
man; _secondly_, unworthy timidity, as if a powerful, civilized
community would be in peril, if life were not sometimes taken by
the government; and, _thirdly_, blind obedience to the traditions
of another age. But rack, thumbscrew, wheel, iron crown, bed of
steel, and every instrument of barbarous torture, now rejected with
horror, were once upheld by the same spirit of vengeance, the same
timidity, and the same tradition of another age.
I trust that the time is at hand, when Massachusetts, turning
from the vindictive gallows, will provide a comprehensive system
of punishment, which by just penalties and privations shall deter
from guilt, and by just benevolence and care shall promote the
reformation of its unhappy subjects. Then, and not till then,
will our beloved Commonwealth imitate the Divine Justice, which
"desireth not the death of a sinner, but rather that he may turn
from his wickedness and live."
Believe me, dear Sir, very faithfully yours,