The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-20
CAPITAL Punishment

has developed since NIccuo was sen el
tcnccd to death that there arc many per-
sons iii Virginia who are opposed lto
capital punishment for any crlIr,e l mere ere
|lavc been such persons Il ges, a'u
|they have had distingu 3t5 leo ders.
They dony theriglt Of government r.rf to de.
prlye 5a man o G. lis aiming th ltI1,
life is the gift Of God, and therefore, q ~
cannot Justly be taken away, t eithcr ~
the person himself OF by anoti i er. = B'l v
they overlook tho fact. snys ~ sYrlt t q o.
this subject t]nt5llfe is nj more the Gilt
Or cod than any other personal endo'W W,
ments or rights. "A man has by g e OF
God a$rightStoF personal liberty and loco
not Oh as we'll as to life; to eat and drink
and breathe at large as well as TO exist -:
va ii one d oubts that, way OF pun pun
ishment.$llc conf ned temporarily I'll
in&tl solitary cell or perpetunlly 5inprs-.
soncd8 and compel LEO son on bread and
water. N IL 53 y S s} q, II
BY wayStof tustifying capital punish 'll;i
mont Il tic same writer says thatGs IN I. a
state Of nature individuals have a Il, :ll
10 guard themselves from injury q .nl1del TO
REBEL ali aggresslons by force or pre-
caution adequate to 3the object. n THIS ms
results from the right OF self-pres ton.
II a person attempts to take away 'l1 y my;
life, / have a right to protect myself 4
against the attempt by all rea q Die
means. s5l IL cannot cure myself p lll'
by taking the llfo of5n,y assaiant, ! h hay
IL right to take cannot II then be be
denied that IN a state Of naturc men may
repel BY force and may even justly take =. k:
away life if necessary I Q \ preserve their
own. When mon enter soc the right
70 protect Themselves from Injury md ito to
redress wrongs Is transferred g enfera ~
from the individuals to the community.
Once admitting the right Of society under
d form Of government to p1lnisl,, Tor o. p;
lenses, it must. also bea Omitted That the
form of punishment, even to- the extent NJ
Or dcprivlng d criminal his life may
be prescribed. * III "a Is n ;lf$i XII u AZ
Blackstone, in tho same ton,
says that cit is clear that the right q
furnishing crimes against tho law of
tire, as murder and the like, Is in B a
state of mere nature, vested In every, IN
idivldual. For il must be vested In some
body; otherwise tile laws OF nature would l,li
be vain ana frultless. II none We're ems
powered to put them Into execution; and
lG&thut ,,ower is vested in any one, It
must also be vested IN all mankind;
since all are by nature equal Where
fore tic first murderer Cain. was SO gen
sible that wo find hial expressing his
apprehension that whoever should find
him would Stay him. In q state Of So
clctyIthls right is transferred from In
diylduuls to the sovereign power; whereby
men are prevented from being Judges IN
their own causes, which is one Of tho
evils that civil government WIS Intended
To remedy Whatever power, therefore,
individuals had Of Furnishing olfenscs
against tho law Of nature, that lis now
vested In tho magistrate alone. who bears
the sword OF Justice BY the consent of
the whole community"
Blackstone was very conservative IN Ills
views on this subject. and drew a dis
tincton Between what he called offcnses
merely against the laws OF society, which
are only "nlala prohibit" and not "malp
IN Sc" But llo had no doubt as to the
right, of society 10 inlet capital plln'sh-
ment for offenses Of tho latter class,
Indeed. lao says that with regard to OIL
fenses "naln In SCI capital pnnishments
arc III some instances inflicted by tho
linmediatescomn,ail Of God Himself 10 all
Imankind--as. in, the case OF murder, by
| tho precept delivered TO Noah, our com
mon ancestor and representative; Who
so sheddeth mans blood by man shall his
blood be she'd In other instances"
says he. 'they are inflicted after The
example of the Creator In HIS positive
code OF laws for tie regulation of5ltle
Jewish republic, as IN the case OF the
crime against nature IA
| Blackstone also quotes that great and