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I was misled by appearances. I looked into history; but I did not examine it correctly. I looked at the surface only. I saw great deeds, and I saw that men had performed them; but I forgot to estimate what had been done silently. I forgot to ask myself how much of the good these men wrought was owing to the wisdom and goodness taught to them in their infancy by their mothers. So with philosophy, so with science. The glitter caught me and I fear I lost the sub

stance.

I am not sorry, however, that I introduced the question. It has changed those who were wrong, it has confirmed those who were right, and it has caused all to think. Let me hope that all who spoke on my side of the question are, like their leader, converted; and let me in conclusion say, that I trust we shall take to our hearts the truth we adopt; and whilst we vote here, that the mental capacity of the female sex is fully equal to our own, show by our conduct towards that sex, that we feel their high value and dignity, and treat them in every respect as our full equals and as our best friends.

See LORD JEFFREY'S ESSAYS, vol. iii. p. 380, et

seq.

MADAME DE STAEL'S WORKS, generally.
EDINBURGH REVIEW, vol. xv. p. 299, &c.
SYDNEY SMITH'S WORKS, vol. i. p. 200, &c.
WOMAN'S MISSION. By Mrs. Ell's.

44

QUESTION III.

Is Capital Punishment justifiable?

OPENER.Mr. Chairman, I rise to submit to the discussion of this meeting the following important question: "Is Capital Punishment justifiable?" I feel that I have undertaken a very difficult task; but urged by a strong indeed overpoweringsense of duty- I am determined not to flinch from my work, but to perform it to the very best of my ability.

I entertain a deep and solemn conviction, Sir, that the punishment of death is, under any circumstances, a foul and frightful crime. I wish, however, to be distinctly understood to admit that it was not always so. That it was at one period of man's history commanded and approved by the Most High, I at once concede. But the proposition I wish to maintain to-night is That the practice is now no longer justifiable in any supposable case.

In the first place, Capital Punishment is condemned by policy. It is an undeniable fact — a fact so well known as to call for no proof from

-

me that crime decreases just as this punishment is more and more discontinued. Forgery, sheepstealing, coining, burglary, and other offences lately punishable with death, --have, since the repeal of the capital penalty, strikingly most strikingly-diminished. Even murder is found to decrease just in the proportion that executions become rarer. Not in our country alone, — but throughout all Europe this fact holds good: and it cannot fail to tell us, in unmistakeable language, that the point where punishment has become an incitement rather than a restraint has at length been reached, and that the principle and application of Punishment must consequently now be altered.

I may perhaps be asked to explain this metaphysically to show why punishment now incites rather than prevents? Sir, to show this is by no means my duty, and I shall not attempt it: the fact proves my position: and on that I shall rely. Suffice it to say, that the Punishment of Death is found to be impolitic, inasmuch as it increases the crime which it seeks to repress.

Secondly: the infliction of Death is inconsistent with our advanced state of morality. It was a just and a fit punishment when men were all barbarians; - because then it appealed to their strongest sense, the sense of physical pain: but now, when mental pain-(and especially the pain

of conscience) is a terror to men beyond the fear of physical suffering, the infliction is signally and necessarily unfit. It is now seen by the wise among men, that all crimes partake more or less of the nature of insanity; great crimes more especially and consequently it is felt to be unjust to kill a man for a deed which could only have been conceived and executed under frenzy or infatuation. If a further proof were needed of the immorality of Capital Punishments, I would point to the aversion that is growing day by day in the public mind against its infliction. Societies are formed, and more are daily forming, for the express purpose of endeavouring to abolish the gallows; and this would not be, were it not felt to be morally abominable.

Lastly it is repugnant to our religion. We live under the mild and merciful dispensation of the Gospel the law of death is repealed, and the law of life is substituted in its place. We are told to revenge not ourselves, but to leave vengeance to God. We are bidden to be kind and merciful to one another, even to the worst offenders. By the Gospel we are taught above all things the surpassing value of the human soul; and this should lead us, of itself, to forbear from inflicting a punishment which sends the soul to a tribunal from which there is no appeal.

I feel, Sir, that I cannot now urge these points

at greater length; but as they will doubtless be amplified by many who are much better qualified to enlarge upon them, I am glad here to resign the subject.

SECOND SPEAKER. Sir, I lose no time in seeking to address you, for I think the subject of debate a vitally important one.

I am strongly of opinion that there is a spirit of false humanity abroad in the present day, which is calculated to do, and indeed is doing, a vast amount of harm. I do not conceal from you, Sir, my especial belief that the cry for the abolition of Capital Punishments proceeds from a mawkish sentimentality, a spurious mercy, and a most unwise philanthropy. Whence all this sympathythis morbid pity—this loud-tongued pleading for the blood-dyed murderer, but from these impure sources? I am astonished, Sir, that men can be found to defend the horrid crime of murder, and to demand that it should escape its righteous punishment!

As to policy:-there is too much talk about policy in the present day! Let men do what is right, and leave policy to take care of itself. It is easy enough to say murders decrease just as Capital Punishment is discontinued, but why may I not say that this decrease in crime is owing to the spread of education, the vigilance of our police,

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