Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-03-31
Communications.

Cheevor In favor Of the legal practice changing
tain transgressors, accompanied with some remarks
from the Editor on the subject. Editors and
Clergymen are, in some nsdcrable measure, tile
conservaors OF pnbc morals both, from their posi-
ton in society, exertng niiuencc either beneficial
or otherwise in proportion to their popularity or pub.
lie patronage. Hence the necessity that they should
investigate both sides of every subject which involves
the welfare of their fellow men, and especially
IN cases where human life is Mt stake. Presenting
that such is the intention of the Editor of the FREQ
fress have venturcd to offer few remarks on said
argument for the consideration of every candid MINI
10 whose observation they may extend
G. b. Cheever says, "There is nothing can possiJ
bly, check the spirit Of murder but the fear of death
They fear the same tremendous evil which thsyin.
fict on others, but nothing else" He has therefore
based his argument on the assumption, that "fear"
10 the best preventive of crime ;-that fear exertsa
stronger influence on the human mind than any other
passion. II So in the case of capit, punishment il
must be either the fear of death ITSELF or the fear Of
what follows after death, the consequent Judgments
With regard to the former it will not hold true for
men brave death under various circumstances, % in
the field of battle, &c. Military glory eclipses tho
fear ofdeath. So the hope of liberty, Give me lib.
erty or give me DEATH" Yes, and the Christian law
glver taught his followers not to fear DEATH "Fesr
not them which kill the body" &C. Matt TO- 2s-
truth then demands that we should not fear death,
and hence the martyrs could rejoice in fire. and sing
and pray amid the torments Of the flesh
Is it then the fear of Judgment to come ~ which
disarms the woud-be assassin,-which silences 70.
venge in the human breast2 If So it must certainly
have its effect whether hang or not for men do not
live for ever Why then do not murders cease from
among men1 Can they by living few year, find
out some way to avoid the judgment of Him. who has
said, Vengeance is mine will repay? If true re-.
pentnncc is the only way 10 reconciliation with an
offended Deity, does not this qualify man to live
harmless holy undefed and conse quen,lya be.snr.
not curse to socety7 Shall i, be said that we must
hasten to cut off the murderer with his brothers blood
crying from the earth aeans, him 2 Why then il i,
customary 10 allow "beneft of clergy" tina, he NAV
be induced TO seek place of repentance If WE arc
sincere IN our abors and desires for his eternal wei.
iarc, lhen the argument drawn from fear on ,his
grouni loses its weight; and ii not such labors and
desires are all farce and we manifest dabolicsl
spirit of revenge. Indeed so we consider it, when VA
see an individual, whether red man or white pursu.
ing his steathy way in midnight dark ness to shoot
the ball or strike the dagger into the heart of him who
may have destroyed his relative or friend. Hence to
get rid of this alternative G.. B. Cheever and other
Christian advocates for hanging, turn to the Scrip.
lures for authority to take the life Of man under Ger.
tain circumstances.
But before proceed with this point, some may
perhaps hint that the preventive efficacy ofhangng 10
in the ignominy of public execution,-the shame Of
being exposed TO the gaze Of an offended community
for Colt say they killed himself rather than en- durs
It. "Who," says Cheever sever heard of man kill
E ling himself to nvoid imprisonment" "a punish.
ment which the criminal fears moro than death, must
be Of all others most powerful 10 restrain from crms'
In these sentences he rather surpasses himself
Fears more than death! But is there not quite a.
much ignominy attached to the crime of suicide UNI
|, der such circumstances, particularly as many inter-
pref such an act as proof of hardened heart and
guilty conscience? And if shame has so beneficial an
effect why should not community be willing to let
. them remain living monument of it. should think
it would scare them GU, of their crimes sooner than
out of their existence. There is something whimsical
u in the idea that the fear Of death induces man TO kill
e himself
e But to return. The text of Scripture which 3D.
pears to be most relied for authority to hang the
murderer is, Whose sheddeth mans blood by man
shall his blood be shed which Cheever is said to
have examined, and brought additional proof Of the
grammatical accuracy ofonr English translation OF
IT,. His proof is no, given or we might possibly have
S been instructed As it may perhaps be allowed
d to say that the word which is translated shall b.
= she'd" might with equal propriey in the opinion Of
IS competent scholars be rendered "will be shed"-
!. We knowth in the English language we coniupate
verbs by the use OF auxarles and in the future ,cuss
l. by the auxaries shall or will" while in most other
II languages their verbs have change in the termns.
ton, &c. TO express the different lenses When civ.
j. ing us the English version of the future tense the
translator uses either auxiliary according 10 his no.
.r ton. Now where is the command, if we read it,
Whose sheddeth mans blood by man ,ciH his blood
be shed"! 1t would merely point out an effect fol
l. lowing cause,-a consequence future the act pro
duclng 1t; Just as IN the prohibition 10 Adam to eat
the forbidden tree sin the day thou eatest thereo
Of thou shalt surely die, thou wilt surely die w,
~ may use either auxiliary without altering the mean
- ing for aught can In like manner, it appear
to me- the true translation of the text Whose shed
OF deth d'c is that in which can use either auxi
airy and keep the sense. in the other have quoted
vt Besides TO take It as q command involves some ab
surdites God says, in the preceding verse; at th
ny hand OF every mans brother will Irequire the life
~ man how can he then cons sently in the mex
nl line tell man TO require at the hand of his brother
d. Again He has just before pointed to man his do
mnion but gave him dominion over his fellow -
Tor this plain reason, it seems me- that the bsin
life who exercises dominion governs requires create
to intelligence than the being governed so God aon
tol Is capable Of exercising dominion over man. "for
"N the image of God made he man." Again if man ma
NH man aoi huIueI, where snail we STAY The hand
the avenger Of blood know they try to get foun
this point BY saying it is the duty of the civil Officer
d. But remember the law given to Noah. WI
m was the civil officer then To get on this ground the
are obliged to leap several hundred years an
plant themselves on the law of Moses, forgetting I
the same time the prominent law written by the 6r
ger of God, Thou shalt not kill u; and even und,
this dspensation, the civil officer did no, hang Q
stone to death the criminal, but the People were
do it.
If the command, " Thou shalt not kill" applies
ACT the private individual and the civil officer whs
le acting for the Stat. against the murderer &c. the
why do not the rest OF those commands apply in III
same way! Thus man kills another and bre.h
ong we toh'a"u' "e ol.lcer KITS nm and does M
ia bre aA the command; a pc, son commits aduter
Inc and breaks the ih command, why may the civ
yer officer commit the oense and not break it
ave is it reasonable that in oider 10 prevent cure