Have we a right to steal from one who hath been guilty of theft? Have we a right to bear false witness against one who hath been guilty of perjury? Or to covet the goods of one who hath coveted the goods of his neighbor? In this way we might make void, not only the sixth commandment, but also all the rest which respect the duty of man to man. By these commandments all theft, all perjury, all covetousness, and all shedding of human blood, are expressly forbidden! If the sixth commandment had said, "Thou shalt not kill, except it be one who hath killed another," or words to that effect, it would have given some colorable right to take away the life of the murderer. But as it now stands, and will forever stand, it gives no such right. The badness of the character of the criminal will not justify the violation of the commandment by others. The prohibition is peremptory, decisive, universal, and unconditional.'

"The just vengeance of the law,' is an expression which shows the real character of Capital Punishment. When presented, however, in its real import, it is generally disclaimed. Mr. O'Sullivan, speaking on this subject, says, 'Evil in its nature, this spirit of revenge which lies at the root of our laws of Capital Punishment, is, however, the fruitful source of abundant retributive evil, in its eventual consequences, to those themselves who yield to its indulgence. Thus is it ever, by an eternal and universal moral law which has no less certain applicability to societies than to individuals. The suicidal reaction of these laws back on the community which frames and enforces them-by desecrating the idea of the inviolable sanctity of human life-by weakening the force of that instinct against the wilful shedding of the blood of our fellow-man,

which is the strongest safeguard to the personal security of us all-by sanctioning and suggesting the infliction of death as a rightful punishment for human offences--by demoralizing the public heart, and familiarizing it with the idea of these cold, formal, and deliberate judicial murders-by setting such a high social example of the indulgence of revenge in this world, and of comparative indifference to the too probable fate of the human soul in the next-has been, it is believed, sufficiently shown, to claim from all the recognition of the high moral, of which these evil fruits from evil seed afford so signal an illustration.'

'It is from an abuse of language,' says Eden on the Principles of Penal Law,' that we apply the word punishment to human institutions. Vengeance belongeth not to man.'

But the best proof to show that Capital Punishment is revengeful is the admission of a magistrate to Mr. Livingston. 'He acceded to the propriety of the proposed reform, in all cases but murder; which he excepted on the ground of the difficulty of keeping the offender, and the severity of the substitute of solitary confinement. But when these two objections had been satisfactorily answered, he replied by one of the usual exclamations by which some men-with what is far worse than merely a shocking levity, heartlessness, and irreflection—are wont to dismiss the subject, that the murderer deserves death! and blood must be shed for blood! and added, very frankly, "I must confess that there is some little feeling of revenge at the bottom of my opinion on the subject." If all other reasoners,' adds Mr. Livingston, 'were equally candid, there would be less difficulty in establishing true doctrines.' 'Passion first made revengeful laws, and revenge once

incorporated with the system of justice, re-produced its own image, after passion had expired.'

More might be added in proof of the revengeful nature of Capital Punishment, but it would be unnecessary. It must be seen that the reformation of the offender is entirely overlooked. And, in all penal inflictions, this should be a great, a paramount object; and when once the true idea of the Inviolability of Human Life is seen and understood, the life of even the most abandoned will be preserved, and society, instead of cutting off the offender, will endeavor to ameliorate his condition, and restore him to community.

What a noble work! And that it may be accomplished, will be seen by the illustrations of kindness which may be found at the close of the present volume. Mr. Rantoul gives an instance of a boy, who was convicted of highway robbery. 'He was convicted and sentenced to death, but, in consideration of his age, and other circumstances, his sentence was commuted to imprisonment for life. In the State prison he became a good boy, and was pardoned, and restored to society, to virtue and to usefulness. He acquired a good reputation in the neighborhood where he lived, and died a Christian death among his friends, in March, 1835.'

'It has been said, but it is the language of unreflecting levity, that the criminal convicted of a capital offence, under our laws, is generally depraved and worthless, and that, therefore, the sacrifice of a few such lives is of very little consequence to society, and it is not an object fit to engage the attention of the government of a great state, even if these laws might be repealed without injury. It is impossible

that any legislator can entertain so inhuman a sentiment. Felons, however fallen, still are men, and have the better title to commiseration the more deeply they are sunk in guilt. If these wretches were princes, says Goldsmith, there would be thousands ready to offer their ministry; but the heart that is buried in a dungeon is as precious as that seated on a throne. Suppose that one only may be caught up from the gulf of vice, misery and perdition, and restored to repentance, virtue and usefulness, this would be gain enough to reward all the exertions that may be made to effect the reform, for there is upon earth no gem so precious as the human soul.'*

* See Reports on the Abolition of Capital Punishment, by Mr. RANTOUL and others. Reprinted by order of the House of Representatives, from the Documents of 1835 and 1836.

ESSAY III.

SCRUPLES OF JURORS AND WITNESSES.

Law defeats itself-Facts in England-Lord Brougham's speechPetitions of jurors and merchants-Testimony of BlackstoneAnecdote of a juryman-Incident of a jury in Plymouth, Mass.

'Witnesses are unwilling to testify, and jurors are unwilling to convict, where the sentence is death.'

UPHAM.

We have met with a great many facts, showing the difficulty of procuring correct verdicts where the penalty was death, not only with reference to jurors, but to witnesses. The severity of this law totally defeats its object. Often is there strong evidence in the neighborhood where a conflagration has occurred, showing that it was designedly kindled, and tending to fix the charge upon the incendiary. Yet no complaint is made, no investigation takes place, because the hanging, if it should end in that, would be a greater evil than the fire. When a trial is had, which but seldom occurs, all possible latitude is given to the circumstances which will take the case out of the present narrow limits of arson. From these and some other causes, the law is practically obsolete; for, of the many thousand instances of arson committed in the last thirty years, within this state, only one has been punished according to law.' As this essay needs no abstract view, we shall confine ourselves to the simple facts in the case.

'In England, cases like the following often occur in trials for crimes not capital among us, but which serve