New-York tribune., 1842-01-04

and prudence necessarily demand it. In consider
in TIE question ct necessity, we are naturally led
10 inquire IL origin, the right ore-exlstlns,
= hich man NAV possess TO take the c OF hls lei
low under the plea of necessity.
Self-prescrvation is not only mans right but
his duty H j., as We have shown bound TO pro
,eci=tha, life which his Creator has given him in
charge, and Tor which he is responsible. To pro-
yzct himself is tue first law OF nature II IL ns,ii-
led into h- nature, and il connected with his exist
ence /. NAY with proprie;y De called instinct
i've action. which propcls him to do, without the
aid o. reflection or reason, wate-er is .oI t- pre-
zzerva,ion and promotion Of life.
Mature saws Vat,el, I" has given man right
to ~. force when ii Is necessary for bis defence.
and preservation OF his rights aad this prnci
ol.. Is generally acknowledged; les-s.n demon
--;ra-es il, and nature herself ha- engraven it on
the heart, Mos, men will naturally defend them
selves and their possessions happy il they were
g. w-l! instructed TO keep within the lust limits
which nature has prescribed TO & RI hi granted
ouly Through necessity.
Governed By this natural right, the nuncipa!
a,vs ci every country have permitted th~ sacrifice
OF in cases wtlere the Necessity Of The aP-
oea.el 70 require it. 8utbeyond that they would
not 90 iihe necessity mist also appear very sap-
pareni: The English law, Is we'll " our own nav
Ing provided that when en- attac. Is carri-d beyond
what Ia. Iaps o -preservaiion requires. 1t Is
respass 4I,rn the law Of nature. and conseq q.eaty
obnoxious to punishment by the authority whch i
5rie1ded 'he party assaulted must flee as far as
he conveniently can, or far rs the .ercencs> Of
The assault=vill permit him, and then, his de-.
encehe may kill bis assaant. And this, says
l'uficnl~r Is the doctrine OF universal justice,
we'll as OF the municipal law.
The righfzthus 10 TAKE life. Is founded in he.yery
reason ard nature OF things, and naturally follow,
the right seIi-dolence. Every right IS in itself
perfect be the right of one individual 10 pre-
serve .is he by force, it Is necessarily the right Of
another.=ltit be the right of both individuals 50
TO preserve their lives against the assault oil the
other then it necessarily follows, that the who
passes the Inc :zselt-Heicnce, and beconeS an as
sailanr violates the natural right OF the other, and
j. an q cgressor. Hence natural nights authorize
such acts 9Aly have an lntlaed1ate tendency II
their nature 10 2rereHt all injury. They authorize
no destruction 10 deter no example TO tsrtify, and
40 qualification OF yndic,ive feeling. The rlghto
sciG-detence being the right OF every individual
every person must possess it equally; and II we
admit for a moment that any person possesses the
rirft % carry force beyond the resistance OF az.
gression we must perceive that ALLOW nght to
assume the place OF right, and acknowledge what
has been 50 often dened, that the natural state Jt
:..a1 i Nar--a state, OF all ehers, the most un
natural
In a state of nature, them man did not possess
the right 10 take TIC ile OF his fellow, except in
sef-deiencc Since Nature, s2ys a writer the
law %! nations has given 10 the right of using
force only when 1t becomes necessary for their de-
fence ard the preservation of their ghs and since
society is founded upon the de!eg gaton Il certain
natural rights !; necessarily follows that society is
net authorized TO force in any case where it
would not have been right Cor individual to have
exercised it. The cause which u state may require
10 exercise the right cfforce particularly when lis
consequences are fatal should be governed by the
same circumstances and be deducb!e from the
same facts as those governing individuals in state
of nature Government is the recipient the guard
ian, the Lawful! protector of the rights of all its cti
zens, as we'll of those who have violated iis laws,
as OF those who have observed them. Men by
offending do not lose their rights neither Ia it or
,.,. il be oecoaoory deprive any Of his rights
Tor the purpose OF, doing Justice to another.
The necessary conclusion 10 which we are drawn
by the argument growing out Of the right of self
defence is that neither individual or society
has the right 10 takc human lie unless all other
REQUIRES fail. If, then, we can imagine state
Of society 80 rude a5 10 be unable 10 hold dan-
eerors member in confinement, prevent him
from doing violence to its members, must con
cee the right, through necessity, 10 nilici caituI
punishment. Butt on the contrary. Ike power 10
ecnnne. and by that means restrain, Is 10 be found in
lie goyernlncnt then we canno; for a moment CON
cede tina, the necessity which will justify the hor-
rible aterna i've, exists.
g As soon as your enemy has laid down his arms,
says The law of nations land surrendered his per-
.0ii You have noinr,her rsh over his life. There
Is4fr !, was dreadful error OF antiquity a mos, un-
just and sa"agr claim TO assume right Of putting
1. prisoner OF war to death, and gwen by The hand
of the e<ecutoner. 1t is now n long time since
more jus and humane principles have taken place.
Prisoners nay be secured, and for this purpose shut
up: i.ld il there be CAUSE to fear their rising
running away, they may be even tettered. ' 1t,
SAYS Or. Franklin, .' society can be secure from
violence BY contining the murderer, rs To pre-,
yelza repetition Of his crime the eXtirpation viii
tt. answered.
II is necessary for rs 10 refer 20 authority on
;lis subject; II comes home te the understand
mo ot-every individual. And So long govern
nlent possesses the means to bold in duraucc ali
thosr who violate 1t. laws. whether Tor great or
minor offences humanity, wisdom anG Justice de
mGnd fhnt resort shalt not be had 10 the destIuc-
ton oi' humnn life, under a plea (Which is always
used 70 justify and uphold practices Ja and tyran-
ncal IN themselves OF necessity.
The nexi=ques;ion, in the order assumed pre-
,rn,s for consideration the beneficial consequences
flowing from capital punishment, as an szampls.=
Ii any one persist in the belief that examples oi
human suffering are Of importance in preventing
crime lie, hi.l inquire how far it has had nAt-
,n... pcp, fhuS,, vfhi1 ,tt. range of hi. zion
either in relation to greater lesser oiences lei
aim inquire whether those who commit offences
.>pcc; TO be detected and punished and also,
whether he has known, in any country, crime less
frequent, because OF the severity OF punishment
Cn. ahle,L wri.rs ON ile law Of Ha-inn. and nnai: