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and there burn him to ashes. Let our is the Supreme law; expediency is merely authors tell us now, was this fire called a subordinate rule, and should always give down from heaven? Will they derive place to the simple and awful dictates of a lesson of political wisdom from such justice. In putting the murderer to death, a scene as this ? from such a manifesta- therefore, they have acted in obedience to tion of man's indignation against crime ? the law and voice of God; and merely If not, let them take beed how they land.
anticipated the sentence of the law of the reason from the same indignation in “It has been urged, by learned counsel, their own hearts. If they would not that the good of society requires all mobreap the whirlwind, let them take heed violence to be punished; but this principle how they sow the wind.
can apply only where injustice has been The judge who decided upon the done. If mobs trample" under foot the merits of the burning above referred to, great principles of justice, they ought to held it to be a case of justifiable homi- And besides, the punishment was deserved
be punished; but not when they do justice. cide! Public opinion, said he, is the in this case; and when “puuishinent is source and fountain of all human law; deserved, it cannot but be useful." [See and the act in question was a clear ex Cheever's Defence.] And even if it were pression of public opinion. Now, if not useful, who would allow the dictates men are to be punished for the intrinsic of justice to be sacrificed to utility, or the demerit of their conduct, a query might glory of conscience to the low rule of exbe raised, whether the judge who de- pediency? livered such an opinion should not be is bound to decide this case according to
“ It has been contended that the court punished capitally, as well as the negro the law as it is, without reference to its who had been so barbarously put to end; but this is a grave mistake. Many death by the mob. And yet, on the authorities have been prodnced to this principles of Dr. Cheever's philosophy, effect, and we cannot deny that they are the judge might have given a sound great authorities; but yet we conceive that opinion, in releasing the murderers of the doctrine is obsolete. It is now settled, the black man. He might have de- by a modern authority which is not to be livered the following learned opinion:
questioned, that the court is to be guided
by the end of the law. If expediency is “ An outrageous murder has been com
the determining rule in the enactment of mitted. This is the greatest of all possible to be expedient, it must act accordingly.
laws, then, if the court clearly sees a thing crimes. The moral sentiments of the community have been outraged; the criminal [See Cheever's Defence-p. 188.] Hence, has been seized and put to death by the if simple justice in view of desert,” is prisoners at the bar. These facts are clearly the ground and reason of the law, then in evidence. There can be no doubt with courts of justice are to be governed by respect to the principles of law applicable what they clearly see to be just. The to them. The great end of the law is the court, in the present case, very clearly sees administration of simple justice in view of death was therefore just. No court of
that the negro deserved to die, and his desert." (See Cheever's Defence of Capital Punishment-p. 188.] This being the end justice will ever condemn a simple act of of the law, the question arises, has any written on the heart. The world has been
It will obey the law of God injustice been done? It is an established darkened and confounded long enongh by principle, that the murderer deserves to die; (see Cheever's Defence ;] and hence, systems of expediency. The age of pure in purting him to death, the prisoners at
reason has dawned. Let the prisoners be
at discharged." the bar have done nothing more than a simple act of justice. Now, it would be a monstrous thing to condemn them to an
The learned opinion we have just ignominious death for doing a simple act heard, clearly establishes the position of justice ; instead of upholding the great that. Dr. Cheever does not exactly end of the law, it would subvert it from understand the relation between the its very foundation.
absolute and the expedient. The ex“It may be said that they have taken pedient should never violate the absothe law into their own hands; and for this lute. No law of man should ever conthey should be punished. This is plausible, but superficial. It springs from low travene the dictates of conscience, and narrow views of expediency. That should everconflict with the law of nature the murderer deserves to be put to death, or the law of God. And when human is the law of God written on the heart." laws, founded in expediency, have been [See Cheever's Defence-p. 178.] This enacted, obedience to them is binding on
the conscience; they are clothed with improvement. Now, this idea has the sanction of the divine law. There is been carried up into the sphere of civil one distinction, and a most important dis- government by many reasoners, who tinction, which both of our authors uni- have contended that it is the great end formly disregard ; and without which, of penal law to reform the offender we will venture to affirm, there can be This error is usually followed and supno clear and comprehensive views on ported by another, namely, the error the subject under consideration. They of erecting the rules of private conduct do not distinguish between crime as into maxims of public justice. They the pre-requisite to punishment, and the often apply these principles and preintrinsic demerit of crime as the ground cepts—those, for example, which enand reason of punishment: between join brotherly-love and the forgiveness crime, as that without which the good of injuries, in such a manner that, if of society does not require, but forbids, carried, they would dissolve all governthe infliction of suffering and crime as ment, and leave the weak and harmless that which in its own nature deserves exposed to the tender mercies and to be punished. Hence, they continu- brotherly-love of the strong and evil. ally argue, as if the doctrine of expedi- Dymond is full of this error; it conency, as the sole foundation of human stitutes the great blemish of his Eslaws,betrays anindifference to crime and says. It may be styled the sophistry moral distinctions. They might as well of benevolent feeling, of which Dycondemn the common law itself, be- mond had sufficient to blind his excelcause, in the words of a great judge, it lent judgment; it is frequently adoptsays to the criminal, “you are not put ed, however, and paraded about as a to death because you have stolen a great evidence of superior humanity, horse, but in order that horses may not by persons who have but little benevobe stolen."
lence, and still less judgment. In reasoning about government, whe There is an error precisely the opther parental, or civil, or divine, we posite of this. It prevailed among the should be careful to notice their differ- Jews : many of whom converted the ences, as well as their points of resem- maxims of public law into rules for blance. Interminable confusion has private conduct. Thus, by pleading in arisen from the neglect of this precau- justification of their private conduct tion. By passing from one kind of go- the public law, “an eye for an eye and vernment to another, as if principles a tooth for a tooth," they sought to and ideas, which have only names in cover up, under the semblance of juscommon, were really the same, and tice, their own unhallowed spirit of reoverlooking important differences, rea sentment. This may be defined the soners have involved the subject of go- sophistry of a vindictive temper. It vernment, both human and divine, in presents a striking analogy to the error no little perplexity and darkness. Pro- of those, who would grasp the awful fessor Lewis has grievously sinned in power of retributive justice, and drag this way; he has spared himself much it down from the high and holy sphere laborious thought, and shut himself out to which it belongs, into the lower refrom much important light with re- gion of human polity; thereby giving spect to laws, by continually repeating to earthly rulers, under the notion of a the assertion, that the fundamental divine right, full power and authority, ideas of law and justice are every where not only to protect society against agthe same.” But to explore this fruitful gression and wrong, but also to punish source of error, and trace out its re- whatever they, in their wisdom or in sults in the works of learned authors, their folly, in their goodness or in their would carry us far beyond our present malice, may view as moral guilt. limits. Indeed, it might well occupy a We regret that the zeal of our auvolume.
thors for divine truth has not been acWe shall, by the way, notice only cording to knowledge; because we beone or two mistakes into which this lieve it has led them to inflict a serious source of error has betrayed philoso- injury upon that truth as well as upon phers, as well as those who are no the cause they have undertaken to philosophers. The chief end of pa- support. It is no wonder that the rental government is reformation and human mind should shrink from the
cause of capital punishment, when it is have been perfectly conscientious in found to be dependent upon such a their labors; but, being deeply impresprinciple as that to which our atten- sed with the conviction that they had, tion has been directed. The best way in a philosophical point of view, comto cause a truth to be rejected, is to mitted a grave offence, by placing the bind it up with insufferable errors. right and duty of government to pun. We regret, therefore, that the cause of ish on the wrong ground, we have felt capital punishment has been defended called upon to make a decided protest. on a principle, which cannot fail, in In so far as that ground is false, we have many cases, to call up the sternest endeavored to expose its fallacy, as well powers of resistance in the human soul. as the fallacy of the assumptions in The law which condemos a human support of it. We have done this in all being to death, should be perfectly free good faith, and with all earnestness, from the least appearance of revenge but without impugning any man's moor vengeance.
tives ; because we had rather suffer The majesty of human law consists capital punishment ourselves, than to in this, that it is perfectly passionless ; see the principle against which we seeking, with a calm, stern, and inflex- have contended introduced into the penal ible purpose the good of all-a purpose jurisprudence of the country. But, as which no resistance can shake, and we have dwelt upon only one feature of which po pity can subdue. Which no the book, and that by far the most obpity can subdue, because it is pity it- noxious ope, so we feel bound to say, self, enlightened by the universal intel- in conclusion, that the book is well ligence, and loving the whole better worthy of a perusal. Both of our than any of its parts. It is an awful authors frequently write with great power; it is the severity of goodness force and beauty. Though they have itself. The passions of the wicked are continued to instil some deadly poison prone to misconceive it; let not the into their philosophy, yet we rejoice passions of the wise misrepresent it. to believe it contains much wholesome It is not retributive ; it is purely reme putriment. Let it be read, therefore, dial. If it could only be seen by all the especially by those who have first diworld as it is in itself—as it is in its gested this our antidote to its poison, own naked and severe majesty-strip- and by those who are raised above its ped of all the disguises of human pas- influence. For though we believe they sion and infirmity, and arrayed in the have committed a grievous offence, we beams of a universal goodness, we are would by no means punish them capipersuaded it would exercise a power tally, but only in so far as we have and a control which it has not been ac deemed it expedient, in order to procustomed to exert.
mote their reformation and the public We shall now take leave of our au- good. thors. We have no doubt that they
NO REMEDY AND REMEDY.
By D. P. BARHYDT.
Evil collects in pools and stagnates, from soft beds and bright firesides, bareand America is offended in its nostrils footed or shodden. What though the by rank odors of Mormonism, Aboli- blood, fresh, warm blood is fast lapped tionism, Unpativism, and all varieties by 'absorbent snows, and freezes in of social and political isms.
thick clots on hard ice, as it spirts and Mark a scene.
These Mormons- falls from the lacerated and swollen shoot, hang, no quarter! drive, drive, limbs and feet of tender women and over snow-fields and ice-fields, over children! - drive them out!-away, prairies and through forests-away over rivers bridged with ice, over praiwith them! covered or naked, warm ries, now a snow desert, waste and
wild, drear and chill !- Away with itself off, away from us—this press, this them forth from our communities, for publisher, this disseminator of evil, of they are given to all evil, in thousands, ruinous doctrines. It professes to be in great strength given to all evil. strong in its sense of its own right-is Crimes have been committed among fierce in opposition-bold in promulgaus; they are the evil-doers. We tion. Fool-hardy press! the laws meknow it, because—they have a new nace it not, and we must destroy it. religion and worship to a strange doc He, the master spirit, the arch detrine, and believe in things strange to mon-down with him! Ah, ha! his us, that are not ours, nor qur belief, blood cleanses our soil of the stain of and cannot be true ; and all believing his pernicious, bis seditious doctrines. therein must be wicked.
In truth he was a fool, that Lovejoy; Drive again !--but hold, here are but wherefore kill a fool? The laws sick-bring them forth, lay them ten menaced him not. No, those laws derly on their beds here on the earth, would not trammel opinion, and do while the warmth of their burning permit free discussion on all points of houses dries up the deadly night-dews political and religious policy and opinstanding on their clammy faces. Bring ion. And wise laws they are for so them forth, but treat them tenderly, doing; and they were framed by wise the poor sick.
spirits and good —such as times and Another evil. Shall these, but yes- times again rise up out of the depths terday, strangers to our soil, united by of the eternal. the strong bond of their religion Reprobate, and let every good man, which is not our religion-shall these as every wise man will, set his free aliens and citizens of a day, take root, firmly, and let his tongue speak reasonand grow and thrive and become strong, ably on all proper occasions, that so it and take much power into their hands, may be disseminated among his fellow and enjoy what we enjoy, not being of men, against all attempts by violence to us, not native with us, nor of our put down what many, or the majority, creed?
may consider a growing evil in a comEquality of freedom and rights to munity. If it be said, that thing is all! Liberality! an asylum for the fast gaining strength, multitudes are oppressed of all nations---open to all, to joining themselves to it, soon or late it come and taste herein of the sweets of will be the strongest, and then all our liberty! Men, freedom-loving. free- present good will be swallowed up dom-worthy souls, like ourselves! No! therein; our present institutions will be not worthy as we, the chosen, the overturned if we do not put this thing smiled-upon by liberty, the from birth down by force, for the laws will not sons of freedom. These rights-polit- yet take it in hand. ical are ours exclusively, the heritage Do not so. You have laws for your of we, the native-born.
protection, made sufficient by the good Away! ring the bells ! burn the sense and judgment of men, men prechurches ! music and bonfires ! rejoi- ceding you, and men contemporaneous. cings over the destruction of the prop- When these fanatics of religious belief, erty of the worshippers by an evil po or these monomaniacs of political or litico-religious creed. A great city, an social regeneration shall have overorderly city must not harbor such an stepped the limits of the laws, let jusevil. The laws will not cure it-down tice be dealt out unto them, and punishwith it, fellow-citizens !-wash it out ment wrought upon their delinquent in the blood of the false-worshippers, heads. freedom-grasping aliens-smother it in But again it is said, they will get the their ashes!
ascendancy and will remodel the law, Again—what is this? A press ! a and if they choose they may exceed seditious press vomiting forth volumes the law and defy all law; they will of opinion-of free-state opinion against pull down all, and then we will be in slave-state opinion. We shall be chaos, or in a state of subjection to evil brought to discord, disunion, destruc- governance. tion.
Know ye first that ye are right, and This must not be. It will not take these are wrong? Yes, what they
would subvert are based upon fixed We will not do so good a thing, so principles which cannot be questioned pure; our muddy nature yields no clear as facts. Well then, fear not. Let spring of truth, goodness—we are not them on, in God's dame let them on. man-loving. Let all others on, and let all discuss No, not as God loves, but more manand each bruit its own. Let all the loving than those Frenchmen, those elements war and clash, and rage and Englishmen. We have gained the storm. Out of the depths of all this first step. Justice has dominion, and commotion, and out of this chaos will if we have faith we shall be man-loving arise good. Truth will be developed ; and God-loving more and more. for is not justice eternal, and is it not Faith in what ? Faith in good over lying there under all, and will it not evil, in right over wrong. In the eterrise and put forth its strength when nal life and unslumbering power of these elements shall have frothed and justice. These souls, replete with the worked ? Leave the bung out of the sense which wrought this first step of new wine cask, it after becomes clear, ours,-they falter not, they will never fine.
succumb to the dominion of wrong, and Sense, common sense, good sense, is they die not, but live on in bright souls of it not alive in mankind, and will it not those who inherit their wisdom. There vindicate the right and conquer
what are many of these bright souls among you dread? It will be tbe agent with us, and having done so much can do which justice, yes justice, eternal and more. powerful, will work. Then all settles And this is not strictly the first step upon justice, all rests upon the eternal of all, for many steps had been worked truth, and what we only want is faith, out, some silently, some noisily, from yes, faith in the eternal existence, the time and through time long gone and ever ready to act presence of justice. now in oblivion. This is rather the
But must we then sit idle, and con first round visible to dimmed vision of sider all as but opinion whilst the evil unconquering despairers in the ladder progresses ?
of works, whose base rests far, far back, Yes; sit idle, idle with your bands, all enveloped in the mists of eternity, idle from cutting each others throats, on the outstretched hand of the naked and consider opinion, and discuss opin- Adam just awaking to conscious life in ion, and wield the weapon of sense, a' paradisean bower. common sense; but at the bottom of all Looking back upon all this to which have faith, faith. Faith in justice, we here have already attained, or which faith in its acting, faith in truth. has been achieved for us in this step
One thing it is for Frenchmen, for and its concomitants, this well-spring Englishmen to achieve their rights. from which flow forth in thousand little Ours is another thing. Justice the eter- clear streams so many advantages, all da), the strong, the ever good, has for so many goods, so many triumphant us already achieved the first step, le fighters of evil-can we look upon all premier pas, ce qui conte. Already are these and not feel sure of more to come? our institutions formed on the basis of Here in their works is evidence abunsense. Right. This has already the dant of what strong and good spirits dominion,—this right, this good, and this have lived to do great things for other people are its subjects. What though nien, and what like spirits do live and the evil here and there in filth stag- will live on to do more of the like. nates and is fæted, and in rank odors Justice can use them yet again and diseases ? The clouds gather, the again for eternal purposes, for justice drenching comes on in pure clear water, has dominion. clear as truth-Good is cleanly washing away evil, wrong, mistakes, prejudice.