Year: 1859

establish such principles as would in theil
Legitimate workings subvert all their in
stitutious, which were contrary to the prin
ciples which he taught. The friends Of
capital punishment, hence are compelled
to seek for the right to take human life,
out side of the New Testament.


We will follow them next, in the exam.
ination of the organization of man and
endeavor to discover whether the molina.
tion to crime of certain men is not owing
to their peculiar organization over which
they have little or no control. -


Although all men are born free and
independant SO far as natural rights are
concerned; yet there is decided differ
ence in their organization and susceptible.
ity to intellectual and moral attainments.


1t is sufficient for the present purpose,
to observe that all the animal propensi-
ties and manifestations of mind, depend
upon organization. All men are natur-
ally Influenced either by preponderence
of their intellectual and moral faculties
or of their animal propensities, except
when they are SO equally balanced that
there is no decided preponderance on Ell
ther side.


This difference naturally divides men
into three classes, as follows:


The first class, embraces all those who
have decided predominance of iDtellectu-
tual and moral feeling. In these the an
imalpropensities are eproportioDately weak,
yet sufficiently strong for their legitimate
ends--the propagation of the species-and
cannot gain the ascendency over the high
cr and nobler faculties of the mird to that
degree, sufficient to impel them to the
commission of crimes They naturally
shrink from it, and having the law writ
ten, as it were, in their hearts, are law
unto themselves. They being actuated
By high-minded and honorable motives
in their Intercourse among men, govern
ment nor individuals have no fear of
acts of violence from them. They
are benevolent and charitable; and to dis
seminate intelligence and virtue among
their fellow-men. is their greatest enjoy
ment and satisfaction of mind.


The second class, includes that portion
of mankind whose propensities are gen.
orally stronger, and always so far coun-
terbalance the intellect and moral feeling
that there is no decided predominance
on either side. Hence they are vacilla.
ting, because influenced by transient and
external causes. Education and NOR
al culture bias them to the side of virtue,
and by frequent recurrence to the prin-
ciples of religion, and under the inAu-
ence of good examples, continue good
citizens. Reverses of fortune, however,
often prove fatal to their virtue. But
when persons of this organization of mind
are born in the less fortunate conditions of
life, ,uneducated and exposed to the numer-
Gus deceitful allure ments of the world, from
the path Of rectitude, they in turn often be-
come vicious and criminal. In order to re-
form and hold in check those morbid pas
sions, ,lusts and appetites, the external eau
uses of vice must be Withdrawn; or they
must be oounteracted by good example
and good advice.


The third class, are those for whom
criminal legislation is mainly intended,
and they are those whose animal appe-
tites, or propepsities are so powerfully
developed as to overbalance the restrain
ing force of their moral and intellectual
faculties; and they consequently reject
whatever moral influence may be thrown
about them. Beings of this constitution
Of mind are under the dominion of strong
lusts, violent passions and extreme selfish
ness. Their moral restraint is so weak
that it ffords no barrier to the gratifca.
tion of their passions or selfsbness, at any
cost of life or property to those who may
stand in their way. Such persons have
extreme confidence in their power of con-
cealment and escape; and have fixed
rejection in their own case, of all idea of
retribution. There is persuation exist
ing in their minds that the restraint i'm
posed on them is simply that of power,
and is, therefore, of no avail in control
ling their passions, even when they do
see the results of yielding to their graft
fication. Any better endowment of intel
lect in this class, is generally perverted to
purposes of crime; and hence they make
the most expert thieves, pickpockets,


Al