Report Of the Committee On The Judiciary,
on petitions for The abolshment of Capt.
tai Punishment.
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lUl i uHiSUulQNtt


In ASSEMBLY, april 16 1889.


Mr.. McELRArH, from the Committee the u.
dietary to which waa referred The petition Of sew
enty eight citizens Of Ontario County, and also he
petition of sundry citizens Of Albany, praying for
the pussege of law abolishing Capital Punish
ment in all cases, REroR1s:


That your Committee are impressed with q
Of the difficulty as well the importance OF
the subject referred TO in these memorials, and
they have given to it such consideration the
rous business before them would permit


The petitioners have declared their opinion
be- that no human tribunal possesses the righ to
inAict the punishment of death in any case :" that
such punishment is wholly unjust inexpedient,
contrary 20 the geniu. of Christianity, and subyer
sve of the legitimate ends Of justice.


If these petitioners have arrived at correct
conclusion an important duty dcveves upon this
House, and the prayer of the petitioners ough, to
be immediately granted; but if these opinions can
not be sustained by arguments derived from AN
impartial examination of the subject, then it will
obviously become the duty of your Committee 10
attempt to show the fnacy of such opinions, and
the consequences which they would lead if
adapted.


In the year 1882, select Committee was up
pointed by the House of Assembly of this State,
TO inquire into the expediency of the total abolition
Of capital punishment. This Committee in their
report, observe that they have indulged in n
greater latitude of investigation than is usual
that they have introduced into their rcpor, :" the
language of the ablesl and best men of ancient
and modern times authority to sustain their
. positions" and after having examined every
question which appeared to call for nvestig alton
they conclude by asking leave TO introduce h''
for the abolishnlent of the punishment, referred to-
What effect this elaborate and ingenious report
had upon the body To which il was made, does not
appear, action was had upon the bill pre-.
sentsd to the House


At the session OF 1888, ,eports were made upon
this same subject i'll the Sonata, by the Chairman
of the Committee on the Judiciary, and in the AS
sembly by MIR. Ogden, both coming y conclu-
sion directly opposite to that Of the report made
in 1882.


1t VIII thus appear that this question, in
our Legislative hul.. is by no mean, u novel one.
Indeed if sympathy for the murderer were ad
ntted to be essential element, and n sure crite
rion OF the highest stage of civilization, the lre-
quent agitation OF this question might almost be
regarded as ominous OF immediate approach of
the golden age othumanity.


The right of the civil au,herity to punish crime
particularly murder, by tic miliction of DEATH has
been ably discussed BY the. slogans and lurists who
have based their vindcatieus OF denals of this
right either upon the writes mandates of Heaven
or upon those laws which registered IN our
consciences; one cluss resorting texts of Scrip
ture for the calculation Of their views, the other
class exploring the mine ot human mo,ive and &C.
ton IN search of the eemclta principles Of mans
nature, which they deem adequate 20 the solution
OF TINS veSed question. Each class have arranged
themselves III opposing ranks and have applied
ths'r st'noss=ingeanity to the exposition of such
principles and facts as could aptlv minister 10 the
causes they have respectively advocated


our Committee have desired to plac. some of
che more promincnt argument, which have hoo,
advances, IN air array, no, so much with ,hc hone
OF advancing entirely or.iniaal views.or exh;
biting those OF their predecessor, in :, ,,,r,I;,I
novel light, of attracting the serious capgd o,;;
sober attention of this House to the ;mnor,,n,
principles involved III the question impliedl ra;el
By the petitioners


Your Committee are not anleng those who be.
heve that our existing laws and institution. hay,
attained state OF pertection bu, they deem sha,
wise regard TO the blessings enjov de.
mands deliberate inquiry R,o the probable ten
Disney of every projected reform. lest by aiming
at too much we lose what we have already gained


Il will be attempted in ,hi. report, TO glance a;
the arguments by which the RICH; 10 niict capital
punishment has been sustained, and endesver
"iii De made to answer the more prominent oblsc
t,ens which have been urged against it. The au-
rher'tles Consulted by your Committee were some
what numerous and various: so that they also may
say with grea, proprcty, that they have introduced
into this report the language OF some of the
ablest and best men OF ancient and modern TINES,
authority 20 Scs,sin their positions


The crimes for which :he laws o; ,he State NJ
Ofwhich the Hon. S,lAs u. srIlwgll wa. the CHAR.