CAPITAL PUNISHMENT
Christian Review 3(May 1847):
148–154
Few topics, in the present age, have excited more interest than the subject of capital punishment. The discussion has not been confined to the speculative and eccentric; but the profoundest theologians, scholars, and statesmen have paid it their respects; and yet the controversy is far from being at an end.
As to the momentous importance of the question, no one can entertain a doubt, who will reflect, that a proper understanding of it, involves, to a considerable extent, the christian character and eternal destination of a large number of the human family Should it be shown that, it is a violation of the institutions of heaven, for christians to take the life of their fellows, either in war, or peace, offensively, or defensively, thousands who at present wear the name Christ, will find their hands stained with the blood of innocent victims; and thousands more, who, from peculiar circumstances, if they have not acted the part of executioners, will find themselves condemned before God, for aiding and abetting those who thirst for blood.
Most writers and leading men of all religions and political parties, are the strenuous advocates of war and capital punishment, upon the authority of—what they are pleased to denominate—christian law. Christians are exhorted and commanded by the leaders of the age, to destroy their fellows in national conflicts; and, more especially, is it enjoined upon them to take the life of certain offenders, in time of peace.
Are these things of God, or are they of men? Are the laws and their advocates authorized of heaven, or does all such authority [149] to spring from another source? Surely the subject is worthy of calm discussion. Let no one say, it is a vain thing to question the truth of a custom, because it has existed for centuries. The most enormous evils of the world have been inherited from barbarous, and corrupt religions. If capital punishment is a christian work,—which is the doctrine of the times,—the subject will become more and more clear, by examination; but should it be shown to be antipodal to the religion of the New Testament, the learning, talent, and influence of its advocates cannot conceal the truth a great while.
It would be vain in us to think we could take away the veil at once—successfully expose the errors of the times—and put to flight the myriads of powerful advocates of christian capital punishment. We make no such promises; but should we prove the humble instrument of calling the attention of abler men to the subject, we shall be amply remunerated. The feeble effort of one humble man can accomplish but little; but—sink, or swim, live, or die—we will speak boldly, abide the decision of the intelligent and leave the rest to God.
We will endeavor to present the subject in an appreciable order.
1ST. WHAT IS
CAPITAL PUNISHMENT?
It is defined to be:—“The punishment of death, by the authority of the State.” The only difference between it and war is, the latter involves the destruction of tribes and nations, while the former regards a single nation and its subjects. But when we take into consideration the fact that, capital punishment contemplates the war of a government against its own subjects, instead of a foreign nation, the difference in meaning is barely perceptible. Wars are prosecuted, nations are annihilated, and individuals are executed by the same authority. The meaning of all is, that the State takes vengeance on offenders, either for the gratification of the aggrieved, or for the purpose of preventing a repetition of crime.
We would very respectfully suggest, at the outset, that war, in or out of the State, and the punishment of death upon a citizen, are so nearly connected, that they must stand or fall together.
After giving a brief sketch of the origin and progress of capital punishment, we will examine, with some care, the question: [150] —does the gospel threaten offenders with the punishment inflicted by the civil law?
2D. ORIGIN OF
CAPITAL PUNISHMENT.
The first authority, on the subject, is found, Gen. 9: 5, 6,— And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of every man; at the hand of every man's brother will I require the life of man. Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God, made he man.”
God
announced this law soon after the flood, in
the Patriarchal age; that is, in the age ill which the father of each
family,
superintended, in person, the religion of his household; and
in which there was no discrimination between civil and religious
government.
This was the only revelation of the Almighty on this subject for eight
hundred
and fifty five years, or from the time it was given, till the law was
communicated
by Moses, at '
The law, in both the Patriarchal and Jewish ages, was that, if a man or beast killed a man, that man or beast should be put to death. It was, however, a little extended, under Moses, for if a man owned an ox, which he knew would push with his horns, if the ox killed anyone, both the ox and his master were to be put to death.—Ex. 21: 12, 28, 29.
This law remained, without variation, or the shadow of turning, from near the flood to the establishment of christianity; but the question, and only question, is:—
3D. IS THE SAME LAW
ENJOINED UPON CHRISTIANS,
WITH REGARD TO THE CAPITAL
PUNISHMENT OF MAN AND BEAST,
THAT EXISTED IN THE
PATRIARCHAL AND JEWISH AGES?
A solution of this point, will decide the whole controversy.— “To the law and to the testimony;"—the matter is to be decided by the word of the Lord alone. No man's opinion, rhetoric, logic, or philosophy, is worth a baubee on such subjects.
From what we have read, we are disposed to believe that writers generally, have failed to perceive the main point; and we will not be so vain as to promise to present it very clearly; but, [151] we hope we shall be able before we are through, to show where the difficulty lies.
The advocates of capital punishment have contended for it: first, upon the ground, that it was authorized by the Old Testament, and they had not seen where it had been abrogated; and secondly, that it is an all important custom in a christian community, as well as in a barbarous state, to prevent crime. Others oppose the doctrine, because of its supposed barbarity, and on account of the many evil effects attending the destruction of human life. We freely admit that, we may be mistaken in what is really moral, christian, and proper; and, therefore, we must be governed, as before premised, exclusively by divine authority. The philosophy of the world is most generally, in direct opposition to the will of heaven. This question has to come before the community in a naked form.
We ask the candid and intelligent, to determine whether or not the law that was enacted in Gen. 9: 5, 6, and which formed a part of the criminal code of Moses, is obligatory upon christians? Is it a part and parcel of christianity? The advocates of the doctrine may demand of us, proof of its abrogation; but the onus probandi evidently rests upon them. They tell us that, it yet exists, and all denominations,—the Quakers excepted—put to death their fellows, without compunction;—presuming that no one should dispute the divine authority of the law. They should at least, condescend to show its incorporation into the New Testament, or some example of its execution amongst the primitive christians
Should it be considered that, the existence of the practice, with so many, is presumptive evidence in its favor; we would reply that, presumptive evidence is that hateful thing which shrouds the world in darkness. We will meet the question in all its strength, and speak our sentiments with confidence. If we are right, it will appear so; and if we are in error, children will soon see our folly.
Our
position then is, that—"The
item of Capital Punishment is not in the christian code, but is utterly
subversive of
all the principles of the Gospel of Christ.
For the present, we will spend but little time in argumentation.
[152] The first reason for the conclusion is, that the christian government is new, and not "like" the previous establishments. It was given for a different purpose, and for the governmentof other characters. In all former ages, so far as we know to the contrary, rewards and punishments were confined to this world; but not so in christianity. Various physical punishments were enacted, and practised to put a stop to crime; but in the Gospel dispensation, God himself has taken the right to punish offenders. He say:—“I will repay;" and it occurs to us, that those—who are not content with the inflictions of punishment with which the Lord has threatened the human family,—oppose and exalt themselves above God.
In the second place: All the injunctions of the New Testament are adverse to the spirit of “eye for eye, tooth for tooth, and life for life.” Jesus and the Apostles never thought of having their murderous opposers put to death; but prayed for them, even in the agonies of death. The motto of christians was, “to return good for evil.”
How does the practice of the christian gallows, guillotine, and inflictions of the “holy inquisition,” comport with the following passages of scripture?—"Love your enemies; pray for them that despitefully use you, and persecute you. If thy enemy hunger, feed him; if he thirst, give him drink, that you may be the children of your Father who is in heaven;—overcome evil with good,” &c. We are to conquer the world by love; not by the sword and halter, as the “Mother of Abominations” has long attempted to do, in baptizing nations, even at the point of the sword. Party churches, on this matter, show that they are but the fragments of that bloody mistress of iniquity, who has drunk of human gore to satiety.
In the next place, we call the attention of the reader to the fact that, the new institution is life-giving and life-perpetuating, and not an administration of death; as was that of Moses, and all others before the Savior. Should it be made plain that, there is not a sanguinary vestage in the government of Christ, the controversy will be at an end.
So far, we have spoken, more for the purpose of stating the question than otherwise. Indeed, we are disposed to believe, [153] that when there is a full statement of the premises, but little argument will be necessary.
In solving the question of capital punishment, it becomes necessary to examine whether:
—
4. IT IS THE CIVIL GOVERNMENT, OR THE LAW OF
CHRIST,
THAT DEMANDS THE PUNISHMENT OF DEATH?
No one, so far as we have learned, assumes the
ground that,
Christ or the Apostles, ever specifically enjoined upon the disciples
tile
duty of hanging offenders; but the position of the advocates of the
doctrine
is that, the civil government is from God, as part of the christian code, and
when christians
obey it, they obey God. We will not, at present, debate this point; but
we will
simply state that, if this be so, “christianity
is
merely an appendage of civil power, and a servant to it. One of the
best writers
that
Our conviction is that, civil government is not made for good men; but—in the language or the Apostle:—“For evil men, and seducers; for murderers of fathers and mothers: for manslayers,” &c. Christians need no such auxiliaries. Their law is perfect, and furnishes them with every thing that “pertains to life and to godliness.” True, they are required to respect magistrates, and pay taxes; but the reason assigned is, that they may be permitted to “lead a quiet and peaceable life.”
If we have learned the christian religion correctly—
The business of christians is to become good, useful, and happy, and to induce others to imitate their example. They arc described as “the salt of the earth, and the light of the world;” and by their influence, they are to convert the world.” This they are to do by love—by holy living, and pious teaching. Should the day ever come when all men will own the authority of Christ, no other government will be needed.
Believing that these remarks will enable the reader to see our true position, we feel the better prepared to change somewhat, [154] the form of the discussion. Having said, however, as much, and been as pointed, as we think circumstances will justify, we will, for the present, close our remarks, with the suggestion that, we may, ere long, consider it our duty to examine the arguments of some of those who have written in favor of christian capital punishment. We will also give our view in reference to war and capital punishment,—wholly disconnected from christianity, and—as national and worldly establishments.
War and capital punishment, like civil law, in Apostolic language, may be “good;” if they are used lawfully; but our position—when we get to it—will be that, God tolerates them amongst the wicked as scourges; but they are too unholy for christian hands. Christ’s disciples were anciently a “peculiar people.”
ED.