New-York tribune., 1842-01-06
THE PUNISHMENT OF DEATH.
Mr.. aiiivcIi's Report.

Mr.. aiiiwcII's Report.
Concluded
THIS reasoning seems TO be conclusive, so far as
,h- jew!,l. law i concerned, and must make the
absurdiiy Of HE position frequently assumed
appear TN: glarng, when we find the advo-
Gates Of this Jaw opposed to every other law found
III rhc book OF Leqiticus. But it has been urged
and with much more plausibty that the first
command Whosoever sheddeth mans blood, by
man shall Iii, blood be shed, " was given TO Noah
from whom al! men are derived, and is not there.
fore peculiar 20 the lsraelites. This puts the ques-
1oaia another poin, Of view, and will require from
us ii short examination.
81 hop. ] shall not offend any one, says the
ZKrv w. Turner, in commenting the text, "by
inkiF g the liberty to put my own construction on
1ilis celebrated pasSage and inquire why it should
BE- deemed precepi at all To me, | must con-
t,.ss il appears Contain nothing more than de.
cnraton OF what will generally huppen; ard in
This view to stand exactly on the same ground
with such passages as the following: He that
leudeth into captivity shall go into captivity
e He that take,h up the sword shall fall by the
sword" The form of expression is the same in
both texts; why, then, mag they not all be inter
prcted in the same manner, AID considered, not
commands but ;l,-nunciu,iens. And if so, The ma
gistrate will no more bc bound by the text in Gen
tss, to punish murder with death, than he will by
the text in the Revelation. to sell every Guinea
Captain TO our West nia planters.
9 !! suspect the attachment to death as pun
ishmen, rimurder, says, Dr. Franklin, in minds
otherwise emil htened the subject Of capital
punishment, arises from alse Interpretation of
passage in the Old Testament. And that is, Z" He
that sheds the blood ofman by man shall his blood
be she'd This has been supposed to imply that
blood could be only expiuted by blood But am
disposed believe, with II late commentator on
this text of scripture that it il rather predc-
ton than law. The language of it is simply thai
such is the folly and depavity of man, that murder
in every age shall begel murder"
And the celebrated Dir. Adam Clark, in his
commentaries on the words Of Christ, g He thai
takeh up the sword shall perish By the sword,
says, that the general meaning Of HE is,
they who contend in butte are likely, on both
sides To become The sacrifice o. their mutual ami.
mosities.
Indeed, if we are TO consider the text referred
to positive aw, and u,.e ,nt must he enforced
al all hazards. Low can we v-w the case of Csin.
He certainty was u shredder of mans blood, and
That III the mostaggrava,ed and drrrayed manner;
hut do not find that the Almighty took blood
Tor blood aud yet the blood of Abel is said to
have cried to Kim from The srouad. But on the
other hand lie does not ayen mention the penalty
ot death a, due the crime. but pronounces
curse upon him, which Cain declares will cause
every on. who Shall hnd him to siuy him Does
the Almighty a!low this to be the casc1 Does he
give his htc The hand of his fellow! Does he
command al those who disposed 10 fulfil his
sill. aud obey his commandments, 10 intct the
penalty OF death upon most wanton, ruthless and
abandoned murderer9 Are any of ahese require
made So far from it, that he who is
The sole, NrblIpr nfh I'M ms Hp ,rho i
charged with having commanded u, to kill. no,
Only does not make this command, but for the
,nre protection of the lie Of tho murderer set his
mark upon him, lest any finding him should
slay him, and declared that whatsoever slew Cain
vengeance should be taken on him seven.fold
Ths Almighty, in this instance, at least, has not
given very strong evidence in favor of the usual
Interpretation of this passage Of scripture But if
we may be permitted TO take il as rractieal illus
tration of the text we should feel justified in say
ing, that it fully bears out the construction given
10 it by the authorities Eavo quoted 10 Wit
that it simply means to declare. that murder will
beset murder, and that the exclamation of Cain
that every enc that tnde,h me shall slay me- is
all illustration of the tendency of human passions
to re,urn injury for injury, blood for blood. Bu
the interference of the Almighty is al equal Illus
,ratlon Of the attributes of the Deity, in opposition
mercy Is at oace extended: the immortal ;rsS is
sentbetore him US aproiection against the ayenser
OF blood and the voice of the E,ernals constant
~ PFociaiininS, vengeance is mine am the crea.
tor and preServer of all things; in XIV right hand
are the issues OF Life and Death.
/ he pellevers IN the command thus given must
by the foregoing, be satisfied, that 40 far from il,
being the will OF the Deity, that h: ha, declared
both byprecept and example, thou shaltaot hiN y
But whs, shall we say 10 the believers in the
Christian dispensation; shall We be REQUIRED u,
prove that old things are done away anu thar all
things have become new; that the law of AN eve
for an eye, Injury for injury, has given place TO the
doctrines of charity. long suffering. and the re-
turning Of good for evil Shall we be called upon
show that violence was part of the reli.
gion established b. Christ, and that he came 10
introduce the doctrines of pardon and forgiveness?
The followers OF Christ of all ether men, have the
least pretext TO sustain this law; not portion OF
the'r creed can be found, which does not directly
mllltate against il; not an action OF their great
leader which does not inculcate doctrines utterly
at war with the idea OF capital punishment. And
We are warranted in saying that whether We look
TO the laws OF nations, exempli6ed in the prnci-
pie OF selt-preservaton. 10 the laws of God, as
declared by the Old and New Testament, we are
eqaally admonished to ID. unto o,bers 81 w..
would wish tina, others should do unto US
Laws, says Dr.. Franklin (Which ;nfic
death for murder, are in any opinion, a. uuehyfs
ttaa rs those which justify tolerate revenge: 70,
the obligation Of Chrstisri,y upon individuals, TO