New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-30
THE TRIBUNE.
The .ynogi,m once mOre-Repiy to ST. H.

Tho .yllo0i.m once more-Repiy to ST. L.
To the Editor of The Tribune
If your readers have followed your advice oy care
fully perusing The long article of IT. l.. IN ne LIZ
bune of ednesday, it will not be necessary 'oi me
TO inform them that his labored eno'l 10 eHllee"
himself from his own snare is worse ihah iaAure'
After hounderipg through two co,uinhs Vi Jes''e
eoobslry and special pieading-"h' ~ spe VI ''7
h;,,arness INNS, ounce fat-he Is where
.Bisot' left HMM the jaws OF his own internal
,recbine from which he cannot escape without
breakipc il in pieces and demonstrating Its utter
want OF adaptation 10 the purpose Tor wnich u was
% .r,fn,Iv contrved If ne is satisfied with has po
sit;on 60 arn with that in which the opponents OF
CAPITAL Punishment are left after all his and his col
leagues efforts, by OF false issues ana thal
species OF wriggling aud twisting at which they
are such skilltul adopts, to iasten upon ihetn 'ne
charge Of infdettty.
If The old adage that actions speak louder than
words be no, sadly fault, the authors OF ia'e
work in defence of the Gallows do not alter all iee
ante sure that their boosted Gbralter is mpregna
BE for in spite Of all their professions OF seucohh
dence they EXHIBIT the most papable evidences OF
nervous fgetiaeSs' whenever any one ventures 10
a.salit No general watched the movements OF ah
enemy AZ his most vulnerable point with more anxious
1repida.ion than those gentlemen have nanesteo on
every occasion when the opponents oil the DEAN fenay
have made their work the subject oil remark or cIcsp
While we denied all access 70 Journals under tnelr
,nsueuce or control considerations OF modesty, pro
priety or dignity sufficient TO restrain them from oc
cupying more room than their opponents IN a paper
which allows freedom of discussion OF this DO not
complain nor would have II otherwise II cous /
only call attention their conduct as furnishing SILK
ing commentary upon the claim of invincioiy get up IN
behalf of their work The VINO knows That DIS mousse
Is founded upon rock will not be found propping up
against every assault of the wind ma II be expected
ery moment TO tumble down over his head il might
yenturc 10 advise those gentlemen should say, you
Cannot be easy be easy you can, nj least unt your
opponents have had time to examine your booR
do not intend 10 follow II. L.. in all his tortuous
winnings but remembering your timely caution in favor
Of brevy will notice two examples ofthe soph-
iatry and special pleading to which have alluded.
: II L. charges Bgot & Co. with mutiiaiHg his argu
ment and this they confined their reply TO one
Of his two syoens instead Of pleading to both Against
this serious offence he reminds with the solemn air
of a Judge, that were cautioned beforehand YES
SSye were Inrewarned in tie Courier aud Enquirer Per
haps the avowal will be taken agsrsvation OF the
original offence but is nevertheless due TO truth TO say
that for myself have yet seen that mandatory
warping-that authoritative caution to beware now
touched the mpres enable Sylogisms. which ii they
had the gitt OF speech would doubtless exclan with
constituencies betting their source United we stand,
: divided fall" hare read the book, however atd
know that there is 40 such warning there and appeal
for my justification all who have read the chapter con
tanning the Sylogsms when affirm that the charge oil
mutation Ia shams shallow invocation prompt
ed by conscious weakness. Let any man turn 10 the
book and examine for himself. Nay-it will only be
necessary to refer 10 T. LIS quotation 10 show that
his chsrge is n preteDce.
Immediately following the Syloeism to which BigOt
replied 10 lhis passage
Hthe,e Is IN attempt TO the force Of this the first
syoen] by pleading that The ba rbao condition NJ ne
r REQUIRED such iectation only them in sui
deeper difficulty nwoud then stand thus: Then follows
the second Sylogism.
Now the readsr will observe that the rivet which T
L. saws was Intended to hold these two Sylossms SO
firmly together could be separated without
mu;iIson consists of an If and that the relation OF the
secood to the first is Fundamental but contingent: lF
there is AN attempt to evade.' &c. Bieot made 40
such attempt neither did l. therefore we were under
90 obligation whatever notice the second Sylogisn
Nor are tie opponents Of Capital Punishment under any
more necessity than its friends o pleading the oaro'
rous condition of the Jews fthat plea be necessary
to yndcate the Jewish Law OF Capital Punshment Tor
Murder is TO justify the appllca
ton of the penalty TO minor offences An exam
nation of the whole passage must convince any man thH
this hubbub about humiliation lie mere ano
that the charge Of meanness might well be retortea
upon It's author.
Another example of petty quibbliug TO be found in
tho pretence that the phrase minor offences was
used by DR. Cbecver in sense which did not in
clude any of the crimes punished with death by tie
Jewish law Here again appeal 10 the book. Let the
reader turn to Chap XIII Of Cheevers Essays and he
will see ,ha, the phrase question is employed in no
such special The whole argument moi oil this
chapter only Of Tho whole book is constructed on
the assumption that Capital Punishment can only be
defended in cases Of murder and the phrase minor
Offences desiena,cs all ohsr crimes. 1t is true the
author remarks that the Jewish code is incompara
bly, superior in the equity and genteness OF lie provi'
sions TO many modern codes but this does not alter
the case in the least for 10 ali his illusions 10 modern
codea he condemns, expressly or by implication tue
inair,;on Of the Death Penalty all except for
murder Let il be granted that modern penal codes
severe than that given 70 the Jews IT sun
remains true that among the minor offences punish
ed by the former with Death are several winch were
also so punished by the latter
But r. l. tries wrigele himself out OF his trap by
the assumption that offences which properly termed
minor at the present day not under the Jewish
code because that code WAS given by God II any
theological necronsncer beat this there is certain
pncouih parsonage IN the universe, II We may oeeVe
spiritual instructors who will be glad to him. as
he high value upon tina: sort OF practics! talent
Apply this distinction n single offence punished with
death both by the Jewi.h Law and by modern
codes. II no, long since eichcraft was punished
esptaly IN some parts of our own Country st ouid
like To know whether that is among the Mirror offences
applied 10 which the Punishment of Death has "begot.
ten adeep sentiment OF injustice 2 think that. il an
stemp, were made to revive the old Jewish Law Thou
shalt not suffer witch 20 live T. L. would find the
Spirit the Age which he Is fond OF ssirizng
thing substantial than poe,ica hc,ion He knows
snd feels that the revvs 9th flaw would be regarded by
the whole civilized world rs monstrosy will he fol.
low his argument its legitimate conclusion BY af
trming those who should regard and speak of 1t
would be inhdes' and blasphemers'i l mi Oh, make
the point in relation 10 Sabbath breaking shifting
father mother suffering uuruly OK TO al large
&c; but need not pursue the subject farther.
Another specimen of twisting is the attempt to draw
distinction in respect TO perpeuty between the Jewish
Sw against murder and that against other offences, all
alike punished with Death We are told that there is
most remarkable declaration OF pep'ty attached 10
The former True there is peculiar emphasis IN the form
Of the statute bu, r L. knows perfectly well that this
law no, whit more perpetual in its obligation than
any other part OF the Jewish code. This is virtually
coded where be says Il the law against murder WAS
10 remain long the Jews bad national existence
and this DO long they loved and observed
the statutes of the Lord;his among the rest Yes
- orsons the rSst'-that is, az alike perpetual
Away then with this miserable hair. splitting!
TIE hole through which + l. endeavers escape
rom Tho application OF the crsume,.s1a ad h0niaen
sppled by 'Bsol is opened ia the following passaSe
There Is no inconsistency il any hods that sodomy.
eaaesy Se Of sae peculiar rersIsrce
mas Of sae!eaHness among
% Be The fact were justly punished with desIh-his
eng preventing remedy being The only eaecia restraint,
oecoming therefore necessary, principle aside from
tei'oeon there Is Inconsistency his and the
s1e time Maintaining ,hatac punishp being
unnecessary, might produce o; injustice. There vs.
ueliner contradiction IN H. revereac- the D.
lee Law Il Is no Na'rai innate tendency but
ssogether out Of circumstances. II necessary tam IL
would not be unjust and would produce no feeling Of in
ihst sentiment"
Now affirm that, by every RUE of logic this hole in