|
19th Century New Hampshire Governor's Words Have Currency in Today's Death Penalty Abolition Movement
By Rep. Robert "Renny" Cushing
The effort to abolish the capital punishment in the U.S. is descendant in large measure from the late 18th and early 19th century "anti-gallows" movement which opposed public hangings. One of the earliest political leaders to call for ending executions public or otherwise was New Hampshire Governor William Badger. This month marks the 175th anniversary of Governor Badger's asking the New Hampshire legislature to abolish capital punishment.
In his address, Governor Badger compared the possible punishments for capital crime in New Hampshire relative to their effectiveness; solitary confinement in prison for life, and the death penalty. "As expressed in the Constitution, 'the true design of all punishment is to reform and not to exterminate mankind,' said Governor Badger. "No one will attempt to controvert the principle that 'the prevention of crime is the sole end of punishment,' and 'every punishment which is not necessary for that purpose, is cruel and tyrannical.' If then the principle is admitted, that the sole end of punishment is the prevention of crime, two questions arise---How shall the offender be disposed of so as to prevent a repetition of the offence? And what punishment shall be most effectual in deterring others from its commission!"
In weighing the two possible solutions, Governor Badger said, "The first question is readily answered. Perpetual solitary imprisonment is as effectual to prevent the repetition as death itself, and is attended with this desirable consideration, that it leaves the offender with all that space for repentance and time to make his peace with his God that He may see fit to extend it to him. The other is a more complicated one and not so readily answered: and, were the punishment of death as sure to follow the commission of crime as some other punishment, it would probably be the most effectual, as it is the heaviest punishment that the law inflicts; although many are of opinion that the apprehension of solitary imprisonment and hard labor is as impressive and more terrible than death itself. But it is the certainty and not the severity of the punishment that prevents crime."
In the end, Governor Badger concluded that in punishing capital offenders and protecting society, "The humanity of mankind revolts at the idea of taking the life of a fellow human being. And the result at the criminal tribunal is, that none are convicted unless the criminality is established beyond all doubt, adopting probably the maxim that 'it is better ten guilty escape than one innocent suffer.' But when the punishment is imprisonment and hard labor, if the criminality is established beyond a reasonable doubt conviction follows, and few escape the merited punishment, confirming the correctness of the principles of certainty of punishment rather than its severity for the prevention of crimes, thereby destroying one of the principle sources of temptation, the hope of impunity."
The points Governor Badger made in his 1834 address to New Hampshire lawmakers are relevant to the debate about the death penalty today. His comment on innocence is especially prescient considering that the death penalty has no safeguards against mistaken convictions and executions. One hundred thirty-three men and women have been exonerated from death rows since 1973; three men have been exonerated this year so far.
Governor Badger's words remind us of New Hampshire's historic role as a leader for human rights, and the wisdom and vision of the framers of our state's constitution who recognized "the true design of all punishment is to reform and not to exterminate mankind."
Robert "Renny" Cushing is a member of the New Hampshire House of Representatives.
Rep. Robert "Renny" Cushing
New Hampshire House of Representatives
State House
Concord, NH 03301
(603) 926-2737 (office)
(617) 930-5196 (cell)
_.,_.___
|
Blue Hampshire RSS
