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depends upon the circumstances. Now, in my judgment, society has the right to do two things--to protect itself and to do what it can to reform the individual. Society has no right to take revenge; no right to torture a convict; no right to do wrong because some individual has done wrong. I am opposed to all corporal punishment in penitentiaries. I am opposed to anything that degrades a criminal or leaves upon him an unnecessary stain, or puts upon him any stain that he did not put upon himself. Most people defend capital punishment on the ground that the man ought to be killed because he has killed another. The only real ground for killing him, even if that be good, is not that he has killed, but that he may kill. What he has done simply gives evidence of what he may do, and to prevent what he may do, instead of to revenge what he has done, should be the reason given. Now, there is another view. To what extent does it harden the community for the Government to take life? Don't people reason in this way: That man ought to be killed; the Government, under the same circumstances, would kill him, therefore I will kill him? Does not the Government feed the mob spirit--the lynch spirit? Does not the mob follow the example set by the Government? The Government certainly cannot say that it hangs a man for the purpose of reforming him. Its feelings toward that man are only feelings of revenge and hatred. These are the same feelings that animate the lowest and basest mob. Let me give you an example. In the city of Bloomington, in the State of Illinois, a man confined in the jail, in his efforts to escape, shot and, I believe, killed the jailer. He was pursued, recaptured, brought back and hanged by a mob. The man who put the rope around his neck was then under indictment for an assault to kill and was out on bail, and after the poor wretch was hanged another man climbed the tree and, in a kind of derision, put a piece of cigar between the lips of the dead man. The man who did this had also been indicted for a penitentiary offence and was then out on bail. I mention this simply to show the kind of people you find in mobs. Now, if the Government had a greater and nobler thought; if the Government said: "We will reform; we will not destroy; but if the man is beyond reformation we will simply put him where he can do no more harm," then, in my judgment, the effect would be far better. My own opinion is, that
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