Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-03-14

Question. Ought the CIVIL mag " III
flict capital punishment for civil. crimes
This question is very interesting to man
kind and therefore demands our most serl-
Gus attention. In discussing 1t shall advocate
the cause of humanity, and endeaVor to sup
port the negative. shalfca!l In question the
right, the necessity and the erhediency OF
shedding human blood and shall cndeayor to
find substitutes, that would more bencfcially
answer the true designs of all civil punish
ments | shall humbly contend, that TO man,
nor body of men, ought to infiict the punish
ment OF death on an" human being. And this
position ! shall attempt to maintain from rea-
son and from scripture.
In the formation of man God was 9racl-
ously pleased to endow him with certain
rights, (such as his life, his conscience, his
day of probation, &c.) which are n''eliena5ls
A man may transfer a right TO another 20 con-
trout his person, to regulate his conduct, to
exact his services, and to receive tie profits
Of them. And Tor these transfers lie HAY re-
ceige an equivalent. But no man can tra,.sier
his life to another, nor right to take 1t from
him. Life, in the sense OF the question, Is
the union of soul and body; and death the dl'-
solution OF that union. Nothing 9Th pass to
the purchaser BY such dissolution and no
equivalent Can be received. 10 mar has
right to destroy his own life : his own TO pre-
serve but rot to transfer, nor destroy. "What
God hath joined let no man put asspndsr."
Suicide is great crime! But many persons
will readily grant, that no Man in ms private
capacity, has a right to take away the lltc OF
another for any crime; yet they say that our
Legislative and executive bodies have, right
to do it. We will enquire whence they de-
rive THIS right, Suppose each town In the
state to contain two hundred frctinen, with
right to choose two representatives. to repre-
sent them in the general assembly. Will
allow that these representatives are invested
b. the freemen with full power OF subs,itu-
tioE. But no man can invest another Is his
attorney or representative, with a right which
he himself does not possess. A cannot by sub
stitution invest 3 with light to sell the farm
Of &. Suppose the right Of each freeman in
this state Of taking away the life Of another
person, to be represented by a CIPHER, Gas. well
as it may bo) ask Lowmany OF these cyphers
will make a unit If 10 freeman IN this state
has right to destroy his own life, or the life
of any other human being; then all the free
men assembled together would have no right
to do it; and they could Tot delegate to any
person Or persons right to do it for them;
fer no delegated person can have more right
than all its constituents Besides, IN al civil
societies, men, give up to the public only
part of their natural rights, for the purpose of
more e!fcctually securing those rights which
they retain to themselves. They always give
up the less and retain the greater. But if they
could and should give up their lives, they
would give up all and retain none. In this
place it ought to be remembered, that it is In
cumbent on my opponents to prove, that the
commission which our civil tribunals receive
from the general assembly, gives them right
full jurisdiction over the life of man. It ap.
pears to me I have said as much as can be
reasonably expected from tie negative side of
the position. I consider the case as being
cognizable only, before higher court. And
until they can shew a commission from God,
the sole arbiter of life and death, specially d.
rccted to them or all civil magistrates, invest.
ing them with jurisdiction over the human
life, shall question their right of taking away
the life of any human being.
The time has now arrived, when at least
with us all, all the rights of man in society,
OuSnt 70 DC CTHNoHyWVeS1tSdIeo,J NtIy H7lueT-
stood and duly at1zreciated. Of all these his
probationary rights should claim our first re-
gard. BY depriving him of these you will ne
cessarily deprive him of all his other'rights in
this life. He therefore who claims right to
deprive any of his fellow men of oil their
rights, ought to be able to shew sufficient
warrant for SO doing. Ifsuch right does real
ly exist, in this or any other civil government,
one might reasonably expect that satisfcto-
~ account could be given Of its origin, its con-
tinuanee, and the present mode of its exis.
tence. But am fully persuaded that no
such account can be given.
By nature men have different powers and
faculties, but their rights of life must be equal
IF one man have, or could have the night TO
take away the life another then each man
would have reciprocal right And if each
man had right to inflict the punishment Of
death, he would have right to infict any les.
punishment, and there would be no necessity
of ,resorting to civil tribunals IN any case
whatever Each man might then administer