AGAINST CAPITAL PUNISHMENT.

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,

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