acticable, but he who denies its
absolute justice must deny also the justice of a bushel of corn for a
bushel of corn, a dollar for a dollar, service for service. We can not
undertake by such clumsy means as laws and courts to do to the criminal
exactly what he has done to his victim, but to demand a life for a life
is simple, practicable, expedient and (therefore) right.
Here are two of these gentlemen's dicta, between which they inserted the
one just considered, though properly they should go together in frank
inconsistency:
"6. It [the death penalty] punishes the innocent a thousand times more
than the guilty. Death is merciful to the tortures which the living
relatives must undergo. And they have committed no crime."
"8. Death penalties have not the deterring influence which imprisonment
for life carries. Mere death is not dreaded. See the number of suicides.
Hopeless captivity is much more severe."
Merely noting that the "living relatives" whose sorrows so
sympathetically affect these soft-hearted and soft-headed persons are
those of the murderer, not those of his victim, let us consider what
they really say, not what they think they say: "Death is no very
great punishment, for the criminal doesn't mind it much, but hopeless
captivity is a very great punishment indeed Therefore, let us spare
the assassin's family the tortures they will suffer if we inflict
the lighter penalty. Let us make it easier for them by inflicting the
severer one."
There is sense for you!--sense of the sound old fruity Theosophical
sort--the kind of sense that has lifted "The Beautiful Cult" out of the
dark domain of reason into the serene altitudes of inexpressible Thrill!
As to "hopeless captivity," though, there is no such thing.
In legislation, today can not bind tomorrow. By an act of the
Legislature--even by a constitutional prohibition, we may do away with
the pardoning power; but laws can be repealed, constitutions amended.
The public has a short memory, signatures to petitions in the line of
mercy are had for the asking, and tender-hearted Governors are familiar
afflictions. We have life sentences already, and sometimes they are
served to the end--if the end comes soon enough! but the average length
of "life imprisonment" is, I am told, a little more than seven years.
Hope springs eternal in the human beast, and matters simply can not
be so arranged that in entering the penitentiary he will "leave hope
behind." Hopele
|