The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-24
CAPITAL PUNISHMENT.

The introduction of a bill into the
legislature by Representative Soren-
sen to abolish capital punishment, and
the speech of Mr.. Taylor, representa-
tive from Salt Lake county, has Gre
ated considerable interest in that sub
ject. The speech of Mr.. Taylor, an
elaborate argument against capital
punishment, was published in full in
Saturdays Herald; and yesterday a
communication over the signature of
"a. B. T." on the same side of the con-
troversy.
1t must not be thought because The
Herald has given place to the speech
of Mr. Taylor and to the letter of "a.
B. IT, that we agree with those gen.
tlemen. AS a matter of fact, we take
direct issue with them on the main
question, and while admitting in a
general way the ability with which
they have presented their side of the
question. we are of opinion that the
gentlemen are in error both as 70 fact
and argument.
For instance, Mr. Taylor in his
speech said: Men to whom we turn
for wisdom and instruction in other
matters have most emphatically
stamped their disapproval on this
method of punishment" and among
others the gentleman quotes Black
stone as among the number. Turning,
however. to Blackstone's commentaries
on the laws of England, we find him
saying, on the subject of capital pun
ishment:
With regard to offenses male in Sc.
capital punishments are in some in
stances inflicted by the immediate
command of God himself to all man
kind. as in the case of murder, by
the precept delivered to Noah, their
common ancestor and representative:
Whose sheddeth mans blood, by man
shall his blood be she'd In other in
stances they are inflicted after the
example of the Creator, in his
positive code of laws for the regulation
of the Jewish republic; as in case of
the crime against nature.
Even in speaking of capital punish
ment not by reason of the divine
command or after the example of the
Creator referred to above, but by rea-
son of human institution, he says:
The practice of inficting capital
punishment for offences of human in
stitution, is thus justified by that
great and good man, Sir Matthew
Hale: when offenses grow enormous,
frequent and dangerous to a kingdom
or state. destructive or highly per-
nicious to civil societies, and to the
~ Il -
kingdom or its inha bitants, severe pun
ishment and even death itself is nee
essary to be annexed to laws in many
cases by the prudence Of law-givers."
Then the commentator adds: at is
therefore the enormity or dangerous
tendency of the crime that alone can
warrant any earthly legislature in put
ting him to death that commits it,
and further on, still speaking of
crimes made so by human legislation,
he says:
1 would not be understood to deny
the right of the legislature in any
country to enforce its own laws by the
death of the transgressor though per-
sons of some abilities have doubted
it.
has most alphabetically stamped with
disapproval capital punishment For
he unqualifiedly approves it in the case
of murder, and does not deny the right
of the legislature in any country to
enforce its laws by capital punish
ment for less offenses where neither
the divine command nor the divine ex-
ample may be referred to as a justifi-
cation.
The difficulty presented to>those who
seek to abolish capital punishment in
the divine utterance, Whose sheddeth
mans blood. by man shall his blood
be she'd" Mr.. Taylor seeks to over
come, first by casting doubt upon the
of the translation of the
passage in our common English Bible,
and, second, by twisting it into a
prophecy instead of d commandment.
OF the first objection it is sufficient
to say that the translation as it
stands King James has behind it
the authority of English scholarship
of the period, and in the late revision |
Of that translation by this great
modern scholars employed upon it, it
is one of the few passages which, HAY
ing been in controversy, escaped with
out change.
Of the second attempt to escape its |
force it is only necessary to say that |
a reading of the context would destroy
the force of that contention:
And surely your blood of your lives |
will l require; at the hand of every
beast will l require it, and at the hand |
Of man; at the hand of every mans |
brother will | require the life of man.
Whose sheddeth mans blood, by man |