[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,
Charles Sumner.
To the Chairman of the Committee.
[THE DEMANDS OF FREEDOM:]
REPEAL OF THE FUGITIVE SLAVE ACT.
Speech in the Senate against Mr. Toucey's Bill, and for the Repeal of the Fugitive Slave Act, February 23, 1855.