Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-08-12

pound 10 answer IN the negative for the following
l. From The want Of power in our municipal law.
Now municipal law is defined being rule Of ciUH con-
duct prescribed by the supreme power Of State &c-
out whence tins supreme power aud indispensable in
gredieni in government We presume il will eeneray
be conceded that in tins American Uuon this power was
obtained from The great body Of the people by
aud not by coercion for If by the latter our government
would be despotism but friend will certainly not
advocate that system of government shall pass by
Then IN the establishment OF our municipal law, the SUI
Preme power obtained from the great of the peo-
pie who governed by and who respectively surren-
der certain individual rights aud privileges in order
form the social compact and to enjoy its superior benefits.
Those rights or minor powers, surrendered when
all combned constitute the supreme power. which pre-
scrbes The THis Of ei1 conduct which the municipal
law Here then the basis Of its structure grant
The people. But combination of inferior rights or
powers can constitute other different superior
one so right not surrendered by those respective nd-
Vduals can properly and Justly be exercised by the
Preme law of the land Now the question arises in
It's horrors, has man right to take his own life. II he
mas, you justify sucldef he has not how he grant
that right others? And how others obtain from
hm any such right? IL A have right a certain
tract Of land, apprehend "Mr. SIS" law books teach
him, that neither b. &, any other obtain from
him, good and absolute right thereto. IL would be i'm
possible. Equally impossible is il TOR municipal law
justly 10 take the lives OF of citizens having de-
rived all ITS powers from Them and when ia in
fact they have not the right to take their individual
lives This Is certainly fair reasoning, and APP
pears conclusive. But
= From ats limited operations Ii is rule of ci5H
duct, and Is herein distinguishabe from the naiura and
revealed law. 1t operates upon eira conduct and not
upon moral conduct apart from eiri The that
government has concern with except in the ca
Paciiy OF citizens As moral agents accountable
10 another aud higher power Therefore upon the c6n-
mission OF murder our municipal laws have right
inict punishment any farther than the eio iorone Is
concerned the illegal act, and not the moral guilt The
exercise OF such power belongs to God alone not
man, nor any set of human laws. Their extension 10
the punish ueu of moral guilt would be usurpaiion upon
the jurisdiction of heaven and therefore absolutely
wrong. Again, moral wrong is punishable in a future
stale and punishment IN uiure state is inflicted for
moral wrongs. And the province of human government
does not reach into eternity, but ends with time But
an extinguIshment Of mans probationary existence
cures MS maj destiny, and likes his eternal fate,
very evident that our municipal law taking human life
Is operating upon moral conduct and beyond its Just lin
MS which contrary To the premises In which
buh civil and moral wrongs, the principle altered
nasmuch as our municipal law infeI Its punishment
so TAR only as the eivH lcrORg is concerned
8 From IFS object The object of municipal law is
secure the general happiness And Whatever produc
tive o. the greatest amount Of human happiness says the
celebrated DIR. Paey Is right; and consequently what
ever is subversIve of this noble end and fails in its
achievement, must be wrong, and should constitute
part of our municipal code. That the law nicing capt.
tai punishment subversive of this end let it be borne
~ mind that nothing casts darker gloom, nothing de-
tracts IN greater portions from the of mans happI
ness, and adds more To his bulk OF misery, than
nunciation OF the death penalty sentence and its awful
execution That II fails achieving said noble end IL
IS only necessary the law operations first
m preventing tie hanged from the further commits
sion OF crime Now this is undoubtedly 1t does
this much; but at the time does great deal more;
Tor ms fate being forever sealed, and his lot in
another state of things he do neither right wrong
as respects this life. |; is evident that if be stu
aed that is impossible for him do wrong impOs-
sIble AT the same time for him 10 do right Withhold the
possibility of practising vice, and virtue will longer
be known. Should laws be therefore foOlishly
constituted forever lose virtue in order punish
QISl Ia TIUlf
damPing their first great object, the promotion of the
general happiness?
Ii would be like the boy who purposeIy dulled his
scyhe, because fOrsOOth IL his fingers while awk
wardly whettng II, but who found to his
that the scythe incapable Of cutting his fingers,
neither could It cut the grass. Why should law be
thus inconsistent in furnishing crime when other modes
have all the advantages and Of the impropretes
and absurdes OF such system. Secondly, in lettering
others. This, as quality Of the system wholly
deny Mans nature and disposition leach another
lesson The love of liberty is the FIRST principle Of his
soul; and unnecessary restraint pTovokes his anger
Leave man alone in his private chamber, aud there will
he remain tor weeks together without saying
but lock him in, fasen The doors and windows and tell
md then II is you every beginning TO move
every effort made and the risk of life will he rend the
ocks burst the DOORS shaer the windows and go foam
hg ana numbering out m open defiance OF all threats
aud orders The colonies regarded the tax double
he amount would they voluntarily have paid, but
Duision was out OF the question. Generally, mankind
easily Iedd, out hosts often fdl IN driving them.
When in the heat of PASSION threaten with the gal
ows; tell him. " kill sir, and yon shall hang Your
Iie shall be aken-the law will take YOU in hand sir
md truth for it, you DULY increase his passion fuel
nto the fire of hts wrath and provoke his ndig
'aOn, and ten chances 10 If blood is not shed and
fe taken. Step by step he approaches despair until he
swallowed up the of fire aud rage, then like
maniac, he becomes the subject Of the most hesh
leeds Man Is curious creature, he will not to
De killed by another but let MIN alone he will die
llmsef? That which he is commanded to do IS
hat which be is most inclined TO do. Charge child
very particularly divulge its parents certain
secret, and my word for it it that the very first
hing told Is not this principle implanted in nature
lsing either from curiosity an innate hatred of what
we suppose unnecessary restraint, Ii this that led
poor old Eve to eat the forbidden fruit There may
have been many other standing in the garden Of
which she had tasted perchance had she not
been commanded not To eat certain rdit she never
would have eaten H. perhaps have thought Of it.
Who Is IT that does remember the antique tale of the
I'D man IN the town Of Bagdad The King had occa-
non 10 issue his decree that should go without
burned Now this old said have attained his
xteh year, and never 10 have gone OOt of the town
'u now, longer able himself either from
urosiy or IN defiance of the King he aroused his latent
'nerses rescrted TO every possible means and finally
ood without the OF Bagdad. Had the decree not
zone forth, IN all probability the old would never
nave even thought Of going But when il is said,
'ou shaV not go, then II is begin 10 muster ouI
strength
All time has proven that the more enient laws are
he fewer the crimes committed, aud Uica rerSa.
When here ID law in the Carolinas 10 hang a man
or stealing horse. ten horses stolen
= abogaton So in England and Ireland and in every
PORTION Of the world where those rigid and nhuman laws
IRE suffered TO prevail is this principle clearly to
his day IL IL contrary mans nature and opposed by
III past experience. Thirdly in IT'S uncertainties pun
shing the guilty Those uncertainties arise from the
legree OF crime As murder is amongst the highest of
u we'd II