Excerpted from the book;
Selections From the Writings of Benjamin R. Tucker
Vanguard Press, New York, 1926
Kraus Reprint Co., Millwood, NY, 1973.
Since the execution of Kemmler, I have seen it stated repeatedly in the press, and especially in the reform press, and even in the Anarchistic press, that the execution was a murder. I have also seen it stated that Capital punishment is murder in its worst form. I should like to know upon what principle of human society these assertions are based and justified.
If they are based on the principle that punishment inflicted by a compulsory institution which manufacturers the criminals is worse than the crime punished, I can understand them and in some degree sympathize with them. But in that case I cannot see why capital punishment should be singled out for emphatic and exceptional denunciation. The same objection applies as clearly to punishment that simply takes away liberty as to punishment that takes away life.
The use of the word capital makes me suspect that this denunciation rests on some other ground than that which I have just suggested. But what is this ground?
If society has a right to protect itself against such men as Kemmler, as is admitted, why may it not do so in whatever way proves most effective? If it is urged that capital punishment is not the most effective way, such an argument, well sustained by facts, is pertinent and valid. This position also I can understand, and with it, if not laid down as too absolute a rule, I sympathize. But this is not to say that the society which inflicts capital punishment commits murder. Murder is an offensive act. The term cannot be applied legitimately to any defensive act. And capital punishment, however ineffective it may be and through whatever ignorance it may be resorted to, is a strictly defensive act, - at least in theory. Of course compulsory institutions often make it a weapon of offense, but that does not affect the question of capital punishment per se as distinguished from other forms of government.
For one, I object to this distinction unless it is based on rational grounds. In doing so, I am not moved by any desire to defend the horrors of the gallows, the guillotine, or the electric chair. They are as repulsive to me as to any one. And the conduct of the physicians, the ministers, the newspapers, and the officials disgusts me. These horrors all tell most powerfully against the expediency and efficiency of capital punishment. But nevertheless they do not make it murder. I insist that there is nothing sacred in the life of an invader, and there is no valid principle of human society that forbids the invaded to protect themselves in whatever way they can.
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