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    DKC 0022 PDF

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    Juan Ignacio Valentin

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    - CONSIDERATIONS PN Tee INJUSTICE AND IMPOLICY or PUNISHING MURDER BY DEATH, * EXTRACTED FROM THE "3 + AMERICAN MUSEUM. WITH ADDITIONS. PAA RE Br BENJAMIN Rush, M.D. PROFESSOR OF THE INSTITUTES, AND OF CLINICAL MEDICINE, AN THE UNIVERSITY OF PENNSYLVANIA. - EF LIPID, PHILADELPHIA: PROM THE PRESS OF MATHEW CAREY. MAY 4—M,BCC,XCEI Pe CONSIDERATIONS, &c. i an eflay upon the effects of public punifhments upon criminals and upon fociety, publifhed in the fecond vo- lume of the American Muféum, I hinted, ina short para- graph, at the injutice of punithing murder by death, I fhall attempt in the following efiay, to fepport that opinion, and to anfwer all the objections that have been urged againft it. I. Every man pofleffes an abfolute power over his own li- berty and property, but not over his own life. When he becomes a member of political fociety, he commits the dif. pofal of his liberty a property to his fellow citizens ; but as he has no right to difpofe of his life, he cannot commit the power over it to any body of men. To take away life, therefore, for any crime, is a violation of the firft political, compact. IL. The punifhment of murder by death, is contrary to reafon, and to the order and happinefs of fociety. 1. It leflens the horror of taking away human life, and thereby tends to multiply murders. 2. It produces murder, by its influence upon people who are tired of life, and who, from a fuppofition, that murder is_alefs crime than fuicide, deftroy a life (and often that of a near connexion) and :afterwards deliver themfelves up to juftice, that they may efcape from their mifery by means of a halter. 3. The punifhment of murder by death, multiplies mur- ders, from the difficulty ic creates of convicting perfons who are guilty of it, Humanity, revolting at the idea of the feverity and certainty of a capital punifhment, often Cosa) fteps in, and collects fuch evidence in favour of a murder- er, as fcreens him from juflice altogether, or palliates his crime into manflaughter. If the punifhment of murder confifted in long confinement, and hard labour, it would be proportioned to the meafure of our feelings of juftice, and every member of fociety would be a watchman or a magif- trate, to apprehend a deftroyer of human life, and to bring him to punifhment. 4. The punifhment of murder by death, checks the ope- rations of univerfal justice, by preventing the punifhment of every fpecies of murder. Qnack doctors—frauds of va- rious kinds—and a licentious prefs, often deftroy life, and fometimes with malice’ of the moft propenfe nature, If murder were punifhed by confinement and hard. labour, the authors of the numerous murders that have been mention- ed, would be dragged forth, and punithed according to their deferts, How much order and happinefs would arife to fociety from fucha change in human affairs! But who will attempt to define thefe fpecies of murder, or to pro- fecute offenders of this ftamp, if deathis to be the punifh- ment of the crime after it is admitted, and proved to be wilful murder ?—only alierthe punifhment of murder, and thefe crimes will foon aflame their proper names, and pro- bably foon become as rare as murder from common acts of violence. 5. The punifhment of murder by death, has been proved to’ be contrary to the order and happinef of fociety by the experiments of fome of the wifelt legiflators in Europe, ‘The emprefS of Ruffia, the king of Sweden, and the duke of Tufeany, have nearly extirpated murder from their do- minions, by converting its punifhment into the means of benefiting fociety, and reforming the criminals who per- petrate it. Hl. The punifhment of murder by death, is contrary to divine revelation. A religion which commands.us to forgive and even to do good to our enemies, can never authori‘e the punifhment of murder by death. “Vengeance is mine,” faid the Lord ; «I will repay.’’ It is to no purpofe to fay here, that this vengeance is taken out of the hands of an in- dividual, and directed againft the criminal by the hand of government, Itis equally an ufurpation of the prerogative of heaven, whether it be inflicted by a fingle perfon, or by a whole community. Here I expect to meet with an appeal from the letter and Spirit of the gofpel, to the law of Mofes, which declares, that ‘he that kdleth a man ‘hall furely be put to death.” CP se) Forgive, indulgent heaven ! the ignorance and cruelty of mail, which by the mifapplication of th has fo long and fo oftentiained the reli with folly and revenge. ‘The following confiderations, I hope, will prove that no argument canbe deduced from this law, to jultify the pu- nithment of murder by death. On the contrary, that feve- ral arguments doping it, may be derived from a juft and rational explanation of that ‘part of the levitical inftitu tions. 1, There are many things in {eripture abcoe, but nothing contrary toreafon. Now, the punifhment of murder by death, is contrary to veaton. It cannot, therefore, be agreeable to the will of God. 2 2. The orderandhappinefs of Society cannot fail of being agreeable to the will of God. But the punithment cf mur der by death, deftvoys the order and happinef of fociety. It mutt therefore be contrary to the will of God. 3. Many of the laws given by Mofes, were accommodated to the ignorance, wickednefS, and « hardnef& of hear” of the Jews. Hence their divine le refsly fhys, «T gave them Ratutesthat were or good, and judgments where- by they fhould not live.” Of this, ‘the law which refpedts dix vorces, and the law of retaliation, which required “an eye for an eye, and a teoth for a tooth,” are remarkable in- ftances. But we are told, thatthe punithment of murderby death, is founded not only on the law of Moles, bat upon a pofi- tive precept piven to Noah and his potterity, that “ whofo fheddeth man’s ‘blood, by man fhall his blood be thed.”? dn order to thow thar this text does not militate againft my propofition, I thali beg leave to tranferibe a pallage from an efliy on crimes and punithments, publithed by the reve- rend mr. Turner, in'the fecond volume of the Manchet ter memoirs. “I hope,” fays this ingenious author, “ that Ithallnot offend any one, by taking the liberty to:pnt my own fenf upon this celebrated paflage, and to enquire, why it should be deemed a precept at all. To me, I confess, it appears to contain nothing more than a declaration of text of {cripture, on of Jefus Chritt what willgenerally happen ; and in this view, to fland ex. q adily upon the fame ground with fich paflages as the fol- Jowing : “ He that leadeth into captivity fhall go into cap- tivity.” “ He that taketh up the fivord, fhall perifh by the fword*.”—The form of expreflion is exactly the fame in nnn * Rev. xv, 10, en ee tS wach of the texts; why, then, may they not all be inter- preted in the fame manner, and confidered, not as com- mands, but as denunciations? and if fo, the magiftrate will be no more bound by the text in Genefis, to punifh murder with death, than he will by the text in the Revelations, to fell every Guinea captain to our Weft India planters ; and_ yet, however juft and proper fuch a proceeding might be, I fappofe no one will aflert that the magiftrate is bound to it by that, or any other text in the {eriptures, or that that alone would be admitted as a fuflicient reafon for fo extraordinary a meafure.” If this explanation of the precept given to Noah, be not Satisfactory, 1 {hall mention another. Soon after the flood, the infancy and weaknefS of fociety rendered it impoflible to punifh murder by confivement, There was therefore no medium between inflicting death upon a murderer, and fuf- fering him to efcape with impunity, and thereby to perpe- trate more acts of violence againft his fellow creatures. It pleafed God in this condition of the world to permit a /e/s in order to prevent a grecter evil. He therefore commits for awhile his exclufive power over human life, to his creatures for the fafety and prefervation of an infant fociety, which might otherwife have perithed, and with it, the only ftock ofthe human race. ‘The command indireétly implies that the crime of murder was not punifhed by death in the ma- ture ftate of fociety which exifted before the flood. Nor is this the only inftance upon record in the f{criprures in which God has delegated his power over human life to his creatures, Abraham exprefiés no furprife at the command which God gave him to facrifice his fon. He fubmits to it as a precept founded in reafon and natural juftice, for nothing could be more obvious than that the giver of life had a right to daim it whex and in fich manner as he pleated, ’Till men are able to give life, it hecomes them totremble at the thought of taking it away. Willa man rob God ?—Yes —he robs him of what is infinitely dear to him—of his darling attribute of mercy, every time he deprives a fellow creature of life, 4. If the Mofaic law with refpect to murder, be obligato- xy upon chriftians, it follows that it is equally obligatory upon them to punifh adultery, blafphemy, and other capital crimes that are mentioned in the levitical law, by death. Nor is this all: it juftifies the extirpation of the Indians, and the enflaving of the Africans; for the command to the Jews to deftroy the Canaanites, and to make flaves of their heathen ncighbours, is as pofitive as the command which ae | declares, “ that he that killeth a man, fhall farely be put’ to death.” 5. Every part of the levitical law, is full of types of the Meffiah. May not the punithment of death, inflicted by it, be intended to reprefent the demerit and confequences of fin, as the cities of refuge were the offices of the Mefliah ? 6, The imperfection and feverity of thefe laws were probably intended farther—to illustrate the perfection and mildnets of the gofpel difpenfation. It is in this manner that God has manifefted himfelf in many of his a@s. He created darknefs firft, to illuftrate by comparifon the beau ty of light; and he permits fin, mifery, and death in the moral world, that he may hereafter dilplay more illuftri- oufly the tranfcendent glories of righteouwne&, happinefs, and immortal life, This opinion is Favoured by St. Paul? who fays, “ the law made nothing perfect,” snd that « it was a fhadow of good things to come.” How delightful to ditover fuch an exaéy harmony be- tween the dictates of reafon, the order and happinefS of fociety, ‘and the precepts of the gofpel ! There is a perfec unity in truth, Upon all fubjetts—in all ages—and in all countries—truths of every kind agree with each other, It has been faid, that the common fenfe of all nations, and particularly of favages, is in favour of punithing mur- der by death, The common fenfé' of all nations is in favour of the coms merce and flavery of their fellow creatures. But this does not take away from their immoraliey. Could it be proved that the Indians punith murder by death, it would not e& tablifh the right of man over the life of a fellow creature, for revenge we know in its utmoft extent is the univerfal and darling paflion of all fivage nations. The pradtice moreover, (if it exit) muft have originated in necefity; for a people who have no fettled place of refidence, and who are averfe from all labour, could reftrain murder in no other way. But I am difpofed to doubt whether the Indians punith murder by death among their own tribes. In all thofe cafes where a life is taken away by an Indian of a foreign tribe, they always demand the fatisfaction of Jife for Hife. But this practice is founded ona defire of prefervinga balance in their numbers and power; for among nations which confit of only a few warriors, the lofs of an individual often de ftroys this balance, and thereby expofés them to war or ex+ termination. It is for the fame purpofe of keeping up an equality in numbers and power, that they often adopt cap- tive children into their nations and families. What makes i tl i = aT ee | : Cgeigd this explanation of the practice of punifhing murder by death among the Indians more probable, is, chat we find the fame bloody and vindittive fatisfa&ion is required tof n foreign nation, whether the perfon loft, be killed by an accident, or by premeditated violence. Many facts might be mentioned from travellers to prove that the Indians do not punith murder by death within the jurifdiction of theic own tribes. I {hall mention only one which is taken from the rev. mr. Jon Megapolentfis’s account of the Mo- hawk Indians, lately publifhed in. mr, Hazard’s hiftorical collection. of ftate papers—“ There is no punifhment, (days our author) here for murder, butevery one is his own avenger, The friends of the decealed revenge themfelyes upon the murderer until peace is made with the next akin, But although they are fo cruel, yet there are not half fo many murders committed among them as among chriftians, notwith{tanding their fevere laws, and heayy penalties.” It has been faid, that the horrors of a guilty confcience proclaim the juitice and neceflity of death, as. a punifhment for murder. [draw an argument of another, nature from this fac&. Are the horrors of confcience the punishment that God inflicts upon murder? why, then, fhould we Shorten or deftroy them by death, siecally as we are taught to direct the moft atrocious murderers to expect par- don in the future world? no, let us not counteract the go- vernment of God inthe human breaft; let the murderer Hive —but let iv be to fuffer the reproaches ofa guilty confci- ence: let him live, to make compenfation to fociety for the §njary he has done ar, by robbing it of a citizen: let him jive to maintain the family of the man whom he has mur- dered: let him live, that the punifhment of his crime may become univerfal : and laftly let him live—that murder may be extirpated from the lift of human erimes ! Let us examine the conduct of the moral Ruler. of the world towards the firft murderer: fee Cain return- ing from his field, with his hands reeking with the blood of his brother ! Do the heavens gather blacknefs, and does a flath of lightning blaft him to the earth? no, Does his father Adam, the natural legiflator and judge of the world, infié upon bim the punifhment of death?—No ; the infinitely wife God becomes his judge and executioner, He expels him from the fociety of which he was a member, He fixes in his confcience a never-dying worm. He fubjects fim to the neceffity of labour ; and to fecure a duration of his punifhment, proportioned to his crime, he puts a mari or prohibition upon him, to prevent his being put to death, {9} By weak and angry men; declaring, at the fame time, that « whofeever flayeth Cain, vengeance {hall be taken on him feven-fold.” Judges, attornies, witneffes, juries and fheriffs, whofe of- fice it is to punifh murder by death, | befeech you to paufe, and liften to the voice of reafon and religion, before you convict or execute another fellow-creature for murder! But I defpair of making fuch ah imprefiion upon the prefent citizens of the united ftates, as fhall abolifh the ab- furd and unchriftian practice. From the connexion of this eflay with the valuable documents of the late revolution contaitied in thé American Mufeuin, it will probably de- feend to pofterity. To you, therefore, the unborn genera- tions of the next century, I confecrate this humble tribute to juftice. You will enjoy in point of knowledge, the meri- dian of aday, of which we only perceive thé twilight. You will often review with equal contempt and horror, the in- dolence, ignorance and cruelty of your ancéftors. Thé rofleft crimes fhall not exclude the perpetrators of thent ‘from your pity. You will f//y comprehend the extent of the difcoveries and precepts of the gotpel, and you will be actuated, I hope, by its gentle and forgiving fpirit. You ‘will fee many modern opinions in religion and government turned upfide downwards, and many néw connexioris efta- blithed between caufé and effec. From the importance and deftiny of every human foul, you will acquire new ideas of the dignity of human nature, and of the infinite value of every act of benevolence that has for its object, the bodies, the fouls, and the lives of your fellow-creatures. You will love the whole hunian race, for you will percéive that you have a common Father, and you will Jearn to imitate himr by converting thofe punifhments to which their folly or’ wickednefs have expofed them, into the means of their re? formation and happine&. ¢ 0 F S00 N after the aboot enquiry was publifhed in the Amitrican Mufewm, a reply to it made its appearance. in the Pennfyloa= nia Mercury, under the fignature of Philochoras ; which pro- duced the Poibesine anfiser, The principal arguments in fam vour of punifbing murder by death, contained in the reply, are mentioned in the anfwer, for which reafon it was not thought necelfary to re-publifh the whale of the reply in the order in which it appeared in the news paper. FROM THE AMERICAN MUSEUM. Mr. Carey, HAVE read a reply fubferibed Philochoras, to an en- J quiryinto the juftice and policy of punithing murder by death, publithed fome time ago in the Mufeum. The autt or of it hasattempted to juftify public and capital punifhments, as well as war, by the precepts of the gofpel.—Let not my readers fuppofe that this' author isa eeptic “or ahea- then—or that he is in any degree unfriendly to chriftiani- ty. Far from it—he is a minifter of the gofpel—and a man of a worthy private as well as public character. Our author begins his reply by aflérting, that the objec- tion to the punifhment of death for murder, proceeded ori- ‘ginally from the focinian objection to the great doctrine of the atonement. Here I muft acknowledge my obligations to our author for having furnithed me with a new argumentin favour of my principles. I believe in the docirine of the atonement, not only becaufe it is clearly revealed in the old and new teftaments, but becaife it is agreeable to na- ture, and reafon. Life is the product of death, through- out every part of the animal creation. Reafon likewife ef. tablifhes the neceflity of the atonement, for it has lately taught us in the writings of the marquis of Beccaria, that in a perfect human government there fhould be no pardoning power: and experience has taught us that where certainty has taken the place of fevzrity of pu- nifhment, crimes have evidently and rapidly diminithed in every country, The demands of the divine law which made the fhedding of blood neceflary to the remiffion of fin, is a fublime illuftration of thé perfection of the divine government, and of the love of the Supreme Being to his intelligent creatures. But in the demand of life for difobedience, let the divine law ftand alone. Men ftand in a very different relation to each other, from ( 1.) that which God fuftains to men. They are all falli- ble, and deficient in a thoufand duties which they owe to each other. They are bound, therefore, by the pre- cept of doing to others, as they would have them do them, to forgive, without a fatisfaction, inafmuch as'they con- ftantly require the fame forgivene/: to be exercifed towards . themfelves. To punith murder, therefore, or any other crime, by death, under the gofpel difpentaion, is to exale ‘the angry and vindiétive paffions of men to ‘an equality with the perfect law of God. Itis to place imperfect indi- viduals and corrupted human governments, upon the throne of the righteous judge of the nniverfe: nay, more—it is ta make the death of Chrift of no effect; for every time we punifh murder by death, we practically deny that it was a full expiation for every fin, and thereby exclude ourfcives from deriving any benefit from it, for he has made the givenel of injuries, without any exceptions, whether c mitted againit us in our private capacities, oras members 6: acommunhity, the expre/s condition of our title to the forgive- nef which he has purcliafed for us by his death. « The arguments againft the punifiment of murder by death, from reafon, remain on an immoyeable foundation. Our author has contradiffed—but bas not refuted one of them, I affirmed in my former eflay, that the punifhment of murder by death had been abolifhed in feveral of the European nations. I with for the honour of our authors profeffion, he had doubted of this aflertion with more of the meek and gentle’ fpirit of a chriflian. To fatisty him upon this fubjeci, 1 hall fubjoin the following extracts from authorities which are now before me.—In the inftraGions tothe commiffioners appointed to frame a new code of Jaws for the Rufian empire, by Catharine iI. the prefent emprefS of Ruflia, I find the following paflage. I take great Ppleafure in tranfcribing it, as the fentiments it contains do fo much honour not only to the female underftanding, but to the human mind. A “ Proofs from facts demonftrate to us, that the frequent ufe of capital punithments, never mended the morals of a people. Therefore, if T prove the death of a citizeh to be neither i/efiel nor 12cc{fary to fociety in general, 1 thall con- fate thofe who rife up againft humanity. In a reign of peace and tranquillity, undera government eftablithed with the united wifhes of ‘a whole people, ina {tate well fortifi- ed againft external enemies, and protected within by ftrong, fupports; that is, by its own internal flrength, and virtu- eus fentiments, rooted in the minds of the citizens, there (2) gan be x0 xecefity for taking away the life of a citizen. It ig not the exce/s of feverity, nor the defiruétion of the human dpecies, that produces a powerful effect upon the hearts of the citizens, but the continued duration of the punithment. The death of a malefactor is not fo efficacious a method of deterring from wickednefs, as the example continually re- maining, of a man who is deprived of his liberty, that he might repair, during a life of labour, the injury he has cone to the community. The terror of death excited by the imagination may be more flronz, but has not force enough to refift that of/io/on which is fo natural to mankind. It is a general rule, that rapid and violent impreffions upon the hu- man mind, difturband give pain, but do not operate Jong up- onthe memory. That a punifhment, therefore, might be con- formable with juftice, it ought to have fuch a degree of fe- verity as might be fufficient to deter people from commit- ting the crime, Hence I prefame to affirm, that there is no man who, upon the leaft degree of refiexion, would put the greate/t pofible advantages, he might flatter himfelf from fcrime, on the gue fide, into the balance againft a life pro- traéted wader a total privation of liberty, on the other.” In a Britith review for the prefent year, I find a fhort ac- count of the code of penal laws lately enacted by the em- peror of Germany. This enlightened monarch has divided imprifonment into mild—/eoere—and rigorous. For the crime of murder, he inflicts the punithment of rigorous impri- fonment—which from its duration, and other terrifying sgircumftances that attend it, is caleulated to produce more. beneficial effects in preventing murders, than all the execu- tions that have ever taken place in any age or country, I derived my informaticn of the abolition of capital pu- nithment in Sweden and Tufcany, from two foreigners of: diftinction, who lately vifited the united {tates. The one, ‘was an Italian nobleman, the other was a captain in the Swedith navy—both of whom commanded every where re- {pect and attachment for their abilities and virtues. It is true, this happy revolution in favour of juftice and humap ity, in the inftances that have been mentioned, did not originate in a convocation or a fynod, It may either be afcribed to the light of the gofpel thining in “ darkneS, which comprehended it not’’—or to the influence of found and cultivated reafon—for reafon and religion have the fame objects. They are in no one inftance oppofed to each other, On the contrary, reafon is nothing but imperfect re. Yigion, and religion is nothing but perfect reafon. = “Lt becomes chriftians to beware how far they condemn CS: the popular virtue of humanity, becaufe it is recommend. ed by deiis, or by perfons who do not profefs to be bound by the ftric obligations of chriftionity.—Voltaire firf taught the princes of Europe the duty of religious tolera- tion, The dake of Sully has demonftrated the extreme fol- ly of war, and has proved that when it has been conducted with the moft glory, it never added an atom to national happinefs, ‘The marquis of Beccaria has eflablithed a con- nexion between the abolition of capital punifhments, and the order and happinefS of fociety. Should any thing be found in the feriptures, contrary to thefe difcoveries, it is eafy to forefee that the principles of the deifts and the laws af modern legiflators will foon have a ju/? preference to the principles and precepts of the gofpel. _ Our author attempts to fopport his finguinary tenets by an appeal to revelation, And here I fhall make two preli- minary remarks, t, There is no opinion fo abfurd or impions, that may not be fupporied by /o/itary texts of {eripcure. Te coil 8 fenfé of the bible upon any fubject, we mult be governed by “ts whole {pirit and tenor. 2. The defign of chriftiantty at its fir promulgation was to reform the world by its /pirit rather than by its pofi- tive precepts. Our Saviour does not forbid flavery in direct terms— but he indireétl y bears a teftimony againtt it, by cominan)- ing us to do to others what we would have them in like cir- cumftances to do to us, He did not aim to produce a fudden revolution in the affairs of men. He knew too well the power and efficacy of his religion for that purpofe. It was unneceflary, therefore, to fubject it to additional oppofi- tion, by a direct attack upon the prejudices and interefts of mankind, both of which were clofely interwoyen with tl texture of their civil governments. After thefe remarks, 1 fhall only add, that the declara- tion of St. Paul before Feftus, refpecting the punifhment of death* and the {peech of the dying thief on the croft, only prove that the punifhment of death was agreeable to the Roman law, but they by no means prove that they were fanctioned by the gofpel—Human life was extremely. he i * “For if T be an offender, and have committed any thing worthy of death, I refufe not to die.” A@s 25and 71. + “ We indeed” fuffer « jnflly, for we receive the due 4 xeward of our deeds.” Luke 23 and 41. (m4) cheap under the Roman government. Of this we need no further proof than the head of John the baptift forming a part of a royal entertainment. From the frequency of public executions, among thofe people, the /word was confi- dered as an emblem of. public juftice—but to fuppofe from this appeal to a fign of juftice, or from our Saviour’s “para- ble of the deftruction of the hufbandmen, that capital pu- nifhments are approved of in the new teflament, is as ab- furd as it would be to fuppofe that horferacing was a chrif- tian exercile, from St. Paul’s frequentallufions to the Olym- Pic games. ; The declaration of the barbarians upon feeing the fhake faten upon St. Paul’s hand proves nothing but the igno- rance of thofe uncivilized people. I deny the confent of all nations to the punifhment of death for murder—but if it were true—it only proves the univerfality of the igno- ranceand depravity of man. Revénge, diflimulation, and even theft, prevail among all the natioris in the world,— and yet who will dare to ailert, that thefe vices are juft, or Receflary to the order or happiness of fociety. Our author does not diftinguith between the fenfe of jufice fo univerfal among all nations, and an approbation of death as a punifhment for murder, The former is writ- ten by the finger of God upon every human heart, but like his own attribute of juitice, it has the happinels of individuals and of fociety for its objects, It is always anifled, when it feeks for fatisfaction in punishments that are injurions to feciety, er that are difproportioned to crimes. ‘The fatisfaction of this univerfal (enfe of juftice by the pu- nifhments of imprifonment and labour, would far exceed that which is derived from the punifhment of death ; for it would be of longer duration, and it would more frequently occur, for, upon a principle laid down in the firlt effiy upon this fubjett, fearcely any fpecies of murder would efcape with impunity.* oo * A feale. of punifhments by ‘means of impriforiment and labour’ might eafily be conttived, fo as to be accommo- dated to the different degrees of atrocity in murder. For example—for the firft or Tight degree of guilt, let the punifhment be folitude and darknef&, and atotal want of employment. For the fecond, folitude and labour, with the benefit of light. For the third, confinement and labour. ‘The duration of thefe punithments: thould likewife be g0- verned by the atrocity of the murder, and by. the figns ef contrition and amendment in the criminal; RF The conductand difcourfes of our Saviour thould out< weigh every argument that has been or can be offered in favour of capital punifhment for any crime. When the wo- man caught in adultery was brought to him, he evaded in- flicting, the bloody fentence of the Jewith law upon her. Even the maiming of the body appéars to be offenfive in his fight, for when Peter drew his fword and {mote off the ear of the fervant of the high prieft, he replaced it by miracle, and at the fame time declared, that “all they who take the fword, fhall perith with the fword.” He for- gave the crime of murder, on his crofs ; and after his refur- rection, he commanded his difciples to preach the gofpet of forgivenefS fir/t at Jerufalem, where he well knew his murderers {till vefided. Thefe firiking facts are recorded for our imitation, and feem intended to fhow that the Son of God died, not only to reconcile God to man, but to re- concile men to each other. ‘There is one paflage more, in the hiftory of our Saviour’s life, which would of itfelf oyerfet the juftice of the punifhinent of death for murder, if every other part of the bible had been filent upon the fabjet. When two of his difciples, actuated by the fpirit of vindictive legiflators, requefted permiffion of him to call down fire from heaven to confume the inhofpitable Sama- ritans, he anfwered them “ the Son of man is not come to- defiroy men’s dives, but to fave them,” 1 swith thefe words compofed the motto of the arms of every nation upon the face of the earth, They inculcate every duty that is calculat- ed to preferve—reftore—or prolong human life. They mili- tate alikeagainft war—and capital punifhments—the objects of which are the unprofitable deftruction of the lives of men. How precious does a human life appear from thefe words, in the fight of heaven! Panfe, legiflators, when you give your votes for infliing the punifhment of death for any,crime: You fruftrate, in one inftance, the defign of the miffion of the Son of Goi into the world, and thereby either deny his appearance in. the flefh, or reject the truth of his: gofpel. You moreover ftrengthen by your conduct the ar- _ guinents of the deifts and focinians againit the particul doctrines of the chriftian revelat ou do more—you pre- ferve a bloody fragment of the Jewilh inftitution, “ The Son of man came not to deftray men’s lives, but, to fave them.” Excellent words ! I req no otliers to fatisfy me of the truth and divine original of the ch in religion, and while I am able to place 2 fin upon this text of feripuuve, I will not believe an angel from. heaven, thoald ii | ( 16 } he declare that the punithment of death for any crime wi, nculcated, or permitted by the fpirit of the gofpel. Ithas been faid, that a man who has committed a mur- der, has difcovéred a malignity of heart, that renders him ever afterwards unfit to live in human fociety. This is by ‘no means true in many, and perhaps in moft of the cafes of murder. Itis moft frequently the effect of a fudden guft of paffion, and has fometimes been the only ftain of a well {pent or inoffenfive life, There are many crimes whicli unfit a man much more for human fociety, thana fingle murder, and there kdve beén inftances of murderers who hhave efcaped or bribed the laws of their country, who have afterwards become peaceable, and ufeful mem- bers of fociety. Let it not be fuppofed that I with to pal+ liate by this remark, the enormity of murder. Far from it. It is only becaufe 1 view murder with fuch fuperlative horror, that I with to deprive our laws of the power of perpetrating and encouraging it. Our author has furnifhed us with a number of tales to | fhow that the providence of God is concerned in a pecu- liar manner in detecting murder, and that the confeflions of murderers have in many inftances fanctified the juftice of their punifhment. I do not wifi to leflén the influence of fuch vulgar errors as tend to prevent crimes, but I will venture to declare, that many more murderers efcape dif covery, than are detected, or punifhed, Were I not afraid of trefpaffing upon the patience of my readers, I might mention a number of facts, in which circumftances of the imoft trifling ature have become tke means of detecting theft and forgery, from which I could draw as ftrong proofs of the watchfulnefs of providence over the property of individuals, and the order of fociety, as our author has drawn from the detection of murder. I might mention in- frances, likewile, of perfons in whom confcience has pro- duced zeftitution for ftolen goods, or confetlion of the juf- tice of the punifhment which was inflicted for theft. Con- feience and knowledge always keep pace with each other, both with refpect to divine and human laws. A party of foldiers in the duke of Alva’s army, murdered a man and huis wife with fix children, They roafted the youngeft child, and dined upon it. One of them after dinner clapped his hands together, aiid with great agitation of mind cried out * good God—what have I done !”—What? faid one of his companions—‘“ why” faid the other

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