Entered according to act of Congress, in the year 1844,

BY CHARLES SPEAR,

In the Clerk's Office of the District Court of Massachusetts.

STEREOTYPED BY

GEORGE A. CURTIS,

NEW ENGLAND TYPE AND STEREOTYPE FOUNDRY.

144-1

8698 •56 cop.2

THIS VOLUME

IS

AFFECTIONATELY DEDICATED

ΤΟ

THOMAS C. UPHAM,

PROFESSOR OF MENTAL AND MORAL PHILOSOPHY IN BOWDOIN

COLLEGE, ME.,

AS

A TOKEN OF RESPECT AND ESTEEM

FOR HIS

SYMPATHY FOR THE CRIMINAL.

PREFACE.

THEODORIC THE GREAT, who was at the head of the Gothic monarchy in Italy, is said to have governed his subjects by the following excellent maxim :-It is the duty of a benign prince to be disposed to prevent, rather than to punish offences.' Had all rulers been governed by such a principle, there would have been no necessity for works on the subject of the Punishment of Death. Crimes would have ceased, and the scaffold would long since have passed into oblivion. But few have understood the principle, and fewer still have carried it into practical operation. Such being

the condition of society, the author has felt impelled, from a sense of duty, to complete a work expressly devoted to a consideration of the penalty of death. For years, he has thought deeply upon it. A few months ago, by the advice of a few judicious friends, he was induced to take up the subject anew. The labor, at first, appeared somewhat easy to be accomplished, but, on a closer investigation, the subject was found to embrace an immense field, and to lie at the very foundation of the whole social fabric; to be, in fact, the very starting point for every moral reform. For, of what avail will it be for any community to expect to prosper, unless the Sacredness of Human Life is first admitted? Our object has been to establish this great truth, that the criminal, though debased, yet, is a man and a brother; and, as such, deserves human sympathy. We have sustained this by argument, and by a variety of incidents, all showing that there is a chord in every soul that can be made to vibrate.

The work is divided into two parts. One, containing facts and arguments drawn from history and observation; the other, founded on the Scriptures.

The author intended to have presented other subjects which seem to have a close connection with that of the Punishment of Death. He actually sent forth a prospectus, in the fifteenth edition of his work on the Titles of Jesus,' to that effect. Moral Insanity; the Treatment of Prisoners; the Degeneracy of the Press, respecting Criminal Reports; all these, and other kindred topics, presented their claims. But he found it impossible, in a work on so limited a plan, to do justice to either; especially Moral Insanity; a subject involving many facts, and leading to a series of metaphysical reasoning, and to an investigation of a variety of mental phenomena. Several friends advised him to direct his whole effort, first, to the abolition of the Punishment of Death; then, in some future labor, to consider such other topics as seemed most intimately connected.

During our labor, we have been cheered and animated by a few choice friends, to whom we feel largely indebted. Among them, we must place ROBERT RANTOUL, Esq. On learning our intention to write a work on this subject, he kindly offered his aid, and sent us many valuable English publications. All who know anything of the history of legislation in Massachusetts, know how much the public are indebted to him for his invaluable reports.

We have also freely availed ourselves of the labors of J. O'SULLIVAN, Esq., of New York. He has produced one of the most valuable reports ever issued from any legislative body.

We cannot express ourselves too warmly to another friend, for the incitements received on this subject, as well as on another, somewhat allied that of war. During two journeys to Maine, we have had the pleasure of interviews with Professor UPHAM, the true friend of humanity, whether debased by Crime, trodden down by Slavery, or crushed by