Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-04-29

To the Honorable the Members Of the Senate of the
State Of Wisconsin:
GENTLEMEN
Having seen in the public prints, the Report of
Select Committee of your body to whom was re-
ferred bill passed by the Assembly, to abolish
the death penalty-wfich Report is favorable to
the passage of the bill !; and believing do
that the sentiments contained in said Report are
subversve in their tendency of the best interests
of the social compact. We would, though an hum
bic individual citizen of the State respectfully call
your. attention to the following view of the Moral
desert of Crime as connected with the penalty at
tached to the crime of Murder.
In pursuing our subject, we shall take several
things for granted. AS first, there is a God, who
governs and controls the Universe. Second, God
is infinitely wise, holy, just, and good. Third
Mankind is properly the subject of the divine Co
vernment These points, we say we assume, as
to enter into the proof of them at this time would
be irrelevant This being so then, we alege-au
law has Divine origination The term lar in
its widest sense, is almost illimitable in its
ing. 1t is applicableto the principle that governs
the planets in their revolutions, or the falling of
an apple from tree, equally with that which con-
trolls an angel or an insect in its highti In this
sense an ordinance to build side walk or dig
drain, by city incorporation, is law as much as
that which regulates the punishment of crime
against the State Indeed that may be called law,
in its widest sense, which permits or regulates any
thing, event, within the social compact. But it
is not in this wide and general sense that we pro-
pose to treat of A natural division of law is,
into that of necessity, and that Of expediency.-
The law of necessity is that which is founded in the
nature of things, and in the eternity of truth
"Thy Law is the Truth" The law of erpediency
is that which is adapted to present exigencies and
has consequently a limited authority it is of law
in the former sense, of whichwe are now to speak.
This law is of divine origin, whether it be that
which was given from Sinai, in the form of a mo-
raj law, or that which is stamped upon nature, in
its constitution, at the creation The moral as
pec of law is that which invests it with all its real
authority 1t is that in which consists the MySte-
ry and the Majesty of the Law Its in this view
of it, therefore, that we allegc that all law has
moral aspect, is divtne in its organization. All
law that approves the good and condemns the
wrong, is from God-as all distinction between
good and evil lies back of any human invention.
| Mankind have not made the distinction between
virtue and vice. it exists in the nature of things,
and rs the nature of things originated in God, so
did the distinction between virtue and vice. This
distinction must be as unchangeably established as
the nature or the yeraclty of God. If virtue can
be changed into vice, vice into virtue, then
| God himself must change! that is self evident.
| If this is So then there must be an eternal de-
merit attached to wrong action. AS well as to
right action there attaches ever enduring praise
| yer! And it must be remembered that this is so
irrespectively of what man may think of it or say
of it. The moral aspect of the law of God stands
forth in all its authority and dignity whether man
kind respectit or not. Neither does the Bible make
! the distinction between Virtue and vice it only
suites the distinction-it only reveals it, 1t will be
| perceived, then, that the Divine Law ovcrhangs
the entire mass of intelligent beings, Infdel jew,
| and Pagan, men and Angels Itovershadows with
its authority the entire mass Of human beings and
each and every who can distinguish between
right and wrong Like the ysterious pillar that
overshadowed the Israelites in the Wilderness and
was their guide and their defense and their honor
| Under this view Of il, cannot fail to perceive
that there is a mystery and majesty that invest the
| Divine Law. If there be mystery and majesty in
God himself then there is also in the law that con-
tains the moral aspect-as whenever the moral as
poet appears in law, there is the impress of the d
vinity.
But the natural inquiry is, what has the moral
aspect and authority of Divine Law to do with hui
man law? What connection have the laws of poor
erring mortals with the laws of the perfect God
| head! We answer, they are all one-all traceable
TO one source. The human law that approves Yir-
tue and condemns vice, has it's origin, its proto-
type in the Divine Law that does the same! Where
does man get the distinction between virtue and
vice, but from the Divine Law-the written Law
and | may add in some sense from the prompt
ings of his very nature, upon which God has writ
ten His law more or less indelibly! Man has not
created the distinction between virtue and vice He
only discovers it by the light of the Divine Law!
The Divine Law declares the distinction and hui
man laws copy it, The Divine Law is the die in
which all human laws, that have moral aspect
are moulded. a human law that does not in its
moral aspects reflect the image of the Divine Law
does not bind Conscientiously, to obedience.
The human law that demands an obedience of me
which would be in conflict with the Divine Law,
hold NV RnrS ~ipren for ipsto
law that demands of me to abandon the worship
fmy God, am under no obligation TO obey for
God has commanded me to worship him. This is
the Higher Law and no principle is better es-
tablished than this, in reason or revelation, eve
must obey God rather than men,"
Human governments are most evidently derived
from God as declared in Rom, Is, l." Let every
soul be subject to the higher powers, for there is
no power but of God, The powers that be are
ordained of Cod" Human government is in the
same sense Divine Institution that the Church is
III its organization. They are both ordained and
appointed of God.-But then they arc appointed
of God to be governed by laws rejecting the image
Of His Law, If a human government enact laws
which are in conflict with the Law of God, it SO
far becomes usurpation-it so far departs from
the object OF Its appolntment-the pocer has far
ceased to be of God it is in this act in concert
with the true power or government; it has in this
act become usurper And a usurpation has no
binding obligation upon any mans Conscience
Just it is with the church in its external organ
ization. If in its legislation or execution it de-
parts from the Law of Christs House, it fails of
its appointment, and far has no binding author
ity upon the conscience. Nevertheless, a tempo
rarv act of usurpation, or departure from the OBJ
ject of the appointment of either does not invali-
date the Divine appointment nor disorganize the
Institution. A human government remains the
power of God, sways the sceptre of the authority
with which He has invested it, is to be obeyed and
feared in the enactment and execution of the laws
of righteousness and truth, This is a command
ing position, certainly, for subject, if we can
maintain it. Let us look at it, then little more
closely.
We aver that human government is Divine
Institution: not that any particular form is pre-
scribed but like the particular form of church GO
vernmcnt that is left to circumstances. The In
stitution being Divine, il necessarily follows that
all the laws of such Institution that have any real
authority, are, in their moral aspect in accordance
with the Divine Law. Indeed that is the true
model of a human government, whose laws are
enacted in righteousness, being founded on the law
of God-whose officers are peace, and whose ex-
actors are righteousness. There is the reflection
Of the image of the Divine Law. Now if this be
so-and that sentiment is declared in the scrip
lures when they say, He removeth kings, and
he setteth up kings-by Him kings reign, and
> IN u.