The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1869-05-13
Fho eshan1an.
THURSDAY, MAY l3, 1850.
Authority for Capital Punish
Hlens.

EskSEsS.
The recent infections of the death pen
atty in both c..ds of our Commonwealth
have renewed inquiry as to the wisdom of
exacting life for life in any case, as we'll al
- us to the authority Of the State for i'm
posing 50 severe punishment. While we
do not at the present propose to enter the
arena as a champion on either side of this
controversy. we yet desire to lay before
our readers. in as brief form as possible,
our examination into the various sources
of authority from which warrant is or
NAV be claimed in behalf Of the practice.
These sources are not more than three III
number For the authority, real, or as
sumed. under which the law acts, must OK
ist. % either in reason, or the nature or
fitness Of things, just as different persons
may see fit to express themselves; (2) or
in the powers delegated by the people
forming any State, Commonwealth, or ma
ton to their government; 90 or IN some
divine. warrant IF authority for taking
human life in the name and with the ap
proval of law is not found in either of
these sources, then certainly all will agree
that it cannot be found anywhere.
First. as to the authority conferred
by reason. Reason attests to every man
this title to his life God gave him life.
The whole structure of his physical and
mental being bears witness that he was
created in order to live Simply because
the Creator is greater than the thing ere
ated, and the Creators Will superior to
the will of the thing created, no man can
willfully go contrary to the Creators will
without giving Him offence. Or, to narrow
the proposition, no man can take the life
Of another without violating the Will Of
the Creator. 1t rather shocks than Is
co1sonant to reason to say that the life
which the Creative power has given we
may not defend against assailants. The
lion is given his strength, the elephant his
tusks, the deer his feetness, the fox his
speed and cunning, the bee, the wasp, and
adder their sting, for the Obvious purpose
of self defence. On this right Of defend
ing cur limbs, our bodies and lives, rests,
so far as authority in reason is concerned,
the right Of Il person so assailed by anoth-
er as greatly to endauger his life, to smite
his assailant, even to death. On the same
basis rests the authority in reason which
one nation has for going to war with an
other The killing either Of single as
sailant, bv an individual, or Of a body Of
them composing an army, by nation, IS
to be justified on the same ground, and
that ground is that it is necessary for our
own selfpreservation. This teing the
ease, the moment the apparent necessity
ceases, the justification must also cease
The authority which reason here gives is
not so much an authority to slay another
or many others as to defend our own di-
yinely given lives, and to adopt every
means apparently necessary for our self
defence, without regard to the consequences
to the guilty assailant. If these positions
arc correct, then reason gives authority to
take life only when necessary for the self
preservation of society. AS long as other
adequate means can be found to protect
life, reason bestows no authority to infict
capital punishment.
But is this authority among the dele
gated powcr3of society? Society" says
Blackstone, - formed to protect individ-
uals in the enjoyment of those absolute
rights which were vested in them by the
immutable laws of nature" In order that
we may have society, each individual must
yield moro or less Of his natural liberty
and abide hv the duly enacted laws of that
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