G
THE DAILY EVENING TELEGRAPH PHILADELPHIA, TUESDAY, APRIL 5, 1870.
THE DEATH PENALTY.
Reply of Mr. BeTfn to it "Clilie" of the Com
monwealth." To tht Editor of The Evening Telfgrap
My attention boa been called to a comma
nieation in your paper of the 22d inst., which
purports to be a Scriptural argument in favor
of the death penalty. Although the writer is
undoubtedly a "Citizen of the Common
wealth," it is quite evident from the "foot
prints" that he is also a clergyman of some
one of our Christian churches; but as the
gallows is becoming a very unpopular institu
tion at the present time, the writer should
not be censured for desiring to keep his name
from the public.
I rarely take notice of anonymous commu
nications; but, in this instance, as the article
embodies the views of our opponents and
are as well stated as they probably can be
upon that side of the question, it matters not
whether the author be layman or clergyman,
which latter he undoubtedly is. And as he
expresses the desire to discuss the question,
not in "the light of expediency, but in the
higher aspect of Divine authority," T shall
confine the argument closely to the limits
proposed.
First. It cannot be shown that God estab
lished the death penalty, or enacted any penal
laws, before the birth of Mosos. The pas
sage, Genesis ix, 0, "Whoso sheddeth man's
blood, by man shall his blood be shed," was
never intended for a penal law; was never a
statute in any sense of that word. At the
time those words were spoken, there were but
eight persons in existence. Noah and his
family had come forth from the ark, and no
organized government existed upon the faca
of the earth. Ilad God intended this passage
as applicable to crime, would He not have
mentioned other crimes than murder, and
affixed penalties to thoir commission? It
would be a strange government indeed
which should enact a penalty for murder,
and remoin utterly silent as to other crimes.
This, of itsolf, ought to be conclusive on
this point. But admitting, just for the
argument, that this was a broad and
sweeping declaration of Jehovah, and was
intended for the guidance of human govern
ments in punishing the wauslayer, will our
Reverend "Citizen" inform us when and by
whom this statute is regarded? How doe3
the Commonwealth punish manslaughter?
By imprisonment. When the crime is com
mitted with malice aforethought, it is called
murder in the first degree. The passage in
dispute does not refer to murder at all; nor
does it speak of premeditated murder, or
even of a criminal intent. Allow me to ask
the Reverend "Citizen" whether the Common
wealth hangs the lunatic? He shads the blood
of his fellow-man, yet no one contends that
the lunatic ought to be hung. You reply
that tho lunatic is not morally accountable.
But this is no reason why he should not have
his blood shed if the commandment bo a Di
vine one, for it does not speak of account
ability. The simple truth is that I have
never known a government nor have I met
an individual that would be willing to uni
formly execute this statute, if it be one. This
passage means either something or nothing.
If it be literal, it means that we must shed
the blood of the lunatic, the soldier, the duel
list, and every human being who sheds tho
blood of his fellow-man. But the gallows ad
vocates, including, of course, our
Reverend "Citizen," declare that if
man be a morally accountable
being, and shall wi: fully and delibcritely
murder bis fellow-man, and in case the Gov
ernor does not pardon him or indefinitely
postpone his sentence, then he shall bo
strangled to doath. And it is a noteworthy
fact that the very gentlemen, including gallows-believing
clergymen, who are so clamo-
ious for the Divine aulliority of shedding the
blood of the murderer, are the very men who
are ever besieging the Executive Chamber
asking for clemency for these unfortunates;
and especially after they have been converted;
for our clergymen who believe in hanging
don't like to encourage the hanging of saints;
and how they can advocate the hanging of
sinners, for whom Christ died, is indeed very
mysterious. And what seems still more strange
is, that while Christ died that sinners might
live, too many of our clergymen are willing
to live that this class of sinners may die.
The passage, "Whoso sheddeth man's blood
by man shall his blood be shed," was never
intended as a penal law, nor can it, by any
forced construction, be made to appear in
that light. The passage is simply declaratory
and prophetic, and has its counterpart in the
following passages: "Bloody and deceitful
men shall not live out half their days."
Psalms lv, 23. Again: "For all they that take
the sword shall perish with the sword." Matt,
zxvi, 52. These passages are all of similar im
portthe imperative form of the verb being
observable in all, yet all conveying the pro
phetic lesson that those who are "bloody and
deceitful," and those who engage in war and
other bloody pursuits, will be very apt to
come to violent death. The last passage
quoted contains the words of Christ rebuking
Peter for using his sword even in defense.
It will be noticed that "Citizen," in quot
ing Scripture, has in no single instance given
chapter and verse. The reason is obvious.
The connection in which the passages he
quotes are found with others, would, if cited,
destroy his own argument. For instance, he
quotes, "He that smiteth a man so that he
die, shall surely be put to death." This pas
sage is found in Exodus, chap. 21, verse 12.
Verse 17 of the same chapter reads as follows:
"And he that curseth his father or his
mother shall surely be put to death." Allow
me to ask "Citizen" if he advooates putting
the man to death who should curse father or
mother? Again, verses 21 and 25 of this
same chapter read as follows: "Eye for eye,
tooth for tooth, hand for hand, foot for foot,
burning for burning, wound for wound,
stripe for stripe." Does our Rev. "Citizen"
advocate the enforcement of this code ? Is it
binding upon us to-day ? On the oontrary,
did not Christ quote from this very chapter,
and rebuke its whole spirit ? Ho says, Matt.,
chnp. fi, verses 89: "Ye have heard that
it hath keen said an eye for an eye, and
a tooth for a tooth, but I nay unto
yon that ye resist not evil; but
whosoever shall smite thee on the right cheek,
turn to him the other also." Again, verse 44,
"But I say unto you, Love your enemies,
bless them that curse you, do good to them
that hate you, and pray for them which
despitefully use you and persecute you, that
ye may bo the children of your father which
is in heaven." Here we find that Christ re
buked, in explicit terms, the very code of
blood from which "Citizen" hasbeea quoting.
And this Rev. "Citizen," feeling the rebuke
which Jesus gave to all "retaliationists," of
which "Citizen" is one, thus tries to evade
the force of the rebuke which he cannot but
keenly feel. He says:
"Do they the antl-capltal punishment mo
direct us to that system of inimitable ethics
delivered upon the Mount? We readily acknow
ledge its force and obligation, but we fail to
perceive the analogy. The first embodies purely
Christian graces, the legitimate growth of re
newed and sanctified humanity, and are applica
ble to our personal relations; the latter is a civil
enactment, not vindictive but exemplary, and
growing out of the demands of justice."
In other words, what Christ enjoined upon
us as individuals should not be observed in
governments; that as individuals we ought to
love and forgive our enomies, but as govern
ments we should persecute and hang them;
that in our personal relations we should strive
to become anrds, that in governmental policy
we may act like demon. This may be one
phase of Christianity, but if it is, it has
reached a depth so profound that common
sense will never be able to reach it.
"Citizen" says: "The crime and the pen
alty are inseparable, and 'what God hath
joined together let no man put asunder.' "
Let us amend by saying. "God breathed in
man's nostrils the breath of life and (uniting
breath and body) ho became a living soul."
"What God hath joined togother let no man
put asunder." "Citizen" speaks of "the de
mands of justice." This word justice is a
vague term, and has been used, the world over,
as a cover for all sorts of atrocities. Con
stantino drowned his wife in a vat of boiling
water; beheaded his eldest son; killed his
father-in-law; murdered his two brothora-in-law;
slew his nephew, only twelve years old,
and put to death the Pagan priest who re
fused to give him tho consolation of his reli
gion. Then Constautine became converttd
to the Chiislian religion and put to doath tens
of thousands who refused to believe; and all
these atrocities were perpetrated in t ie name
of justice and Christianity. Nero an 1 Cnli
guln, whose crimes are unparalleled in the
history of the world, committed their atroci
ties in the name of justice. Henry VIII, of
England, destroyed half a dozen wives in tin
name of justice. "Bloody Mary" penecuted
the Protestants in the name of justice; and
justice in turn persecuted the Catholics in tlie
person of Elizabeth. Justice compelled the
Puritans to leave England for the Western
World, where they could have "freedom to
worship God," and freedom to hang and
banish the Quakers.
Justice inspired tho French revolution,
known as the "Reign of Terror," and in its
name were men and women led to the
"stake," the "rack," and the "wheel." Jus
tice prompted John Calvin to burn Servetus at
the stake because he disbelieved the"Trinity."
Justice hung "witches and wizards" at Salem;
and to-day human beings are strangled to
death in Pennsylvania in the name of jus
tice. The red men of the forest have been
nearly extirpated in tho name of justice. A
village of Piegan Indians ha3 been recently
destroyed by our Government, and innocent
babes, and little children, and helpless women
have been indiscriminately slaughtered by
United States soldiery, and in the name of
justice. Ana tins great crime win De remem
bered in infamy, with General Sheridan, who
approved tho massacre, as the "figure-head"
of the atrocity.
There was never an infamous crime perpe
trated by any government upon the face of
tho earth, but justice was first consulted. The
very word is heavy with the blood and tears
of mankind. It has ever been the plea of
tyrants and the "watch-word" of assassins. It
has scourged tho earth with fire and sword,
and has been the cloak to every conceivable
crime which human governments in their in
genuity could devise; while "love," "mercy,"
and "charity" have been crucified that justice
might live.
It is a great consolation to every true Chris
tian, however, to know that Jesus Christ
never used the word justice in a single in
stance, nor did any one of His disciples, nor
can the word be found anywhere in the New
Tehtamont. So much for justice.
There were thirty-three offenses punish
able with death under the Mosaio code.
Human society, in its march towards a higher
civilization, has abrogated the death penalty
for every offense save deliberate murder.
Allow me to ask Rev. "Citizen" whether
"civilization" had the right to "blot out" the
penalty of doath for any of these crimes ?"
If not, then we must put to death the person
who picked np sticks on the Sabbath day.
"He that curseth father and mother must be
put to death." If, on the contrary, society
had the right to abolish that penalty for any
of the offenses named, then it resolves itself
into a mere question of expediency, and gov
ernment has the undoubted right to abolish
that penalty for the one remaining offense.
"Rev. Citizen" says that the death penalty
is of universal application. If so, how hap
pened it that God spared Aloses who delibe
rately killed the Egyptian alter lirst looking
around to Bee whether any one observed him,
and then buried the body in the sands? Why
I was David spared, a man after God s own
heart, who had Uriah slain that he might
1 possess his wife ?
I Under the Mosaio code the penalty of death
' was executed by the "revenger of blood."
Allow me to inform "Rev. Citizen" that the
,lrevenger of blood" visited the Common
wealth tms lost year, uerald Jetton was
under sentence of death for the murdor of
Ileenan. The brother of the murdered man,
John C. Heenan, the nearest of kin, "the re
venger of blood," came from an adjoining
State, and, visiting the Executive Chamber at
Harrisburg, implored the Governor to spare
the life of the man who was said to have
killed his brother. He was the "revenger of
blood," in Scriptural phrase. Such an act of
magnanimity and forbearance has more of
vital Christianity in it than all the sermons that
have been preached in favor of putting men
to death, since the beginning of tho Chris
tian era.
"Citizen" challenges the friends of "aboli
tion" "to show where, under the new dispen
sation, one jot or tittle of that statute has
been abrogated." We have already shown
where Christ quoted from the penal code of
Moses, and explicitly rebuked it.
To satisfy "Citizen" we will quote again (Matt,
v, 17): "Think not that I am come destroy
the law and the prophets; I am not come to
destroy, but to fulfil." And how did Christ
fulfil ? The Apostle Paul tells us how it was
done (Romans xiii, 10): "Love workoth no
ill to his neighbor; for love is the fulfilling
of the law." Again (Romans xii, 17), "Re
compense to man evil for evil." Let us in
quire whether the gallows is rendering "evil
for evil." If not, is it good for evil ?
Again, let ns ask "Citizen" what Christ meant
when he rebuked James and John for
the vindictive spirit they manifested
in wishing to call down fire from heaven upon
the Samaritans, and what did He mean, in
this connection, by saying, "For the Son of
Man is not come to destroy men's lives but to
save them ?" Luke xiii, r8. Again, when the
Scribes and Pharisees brought to Him the
adulterous woman, and demanded that she
should be stoned to death according to the
law of Moses, Christ said, "He that is with
out sin amongst you let him first cast a stone
at her," "and, being convicted by their own
conscience, they went out one by one. And
Jesus said, "hath no man cond jtnaed thee ?'
She said, "No man, Lord;" and Jesus said,
"Neither do I condemn thoe; go and sin no
more. John vin, verses n-li inclusive.
Does "Citizen" discover any rebuke of the
death penalty in the above language of
Christ? Again, when on the cross, sur
rounded by his murderers, He exclaimed,
"Father, forgive thorn, for they know not
what they do." Luke xxiii, !54.
If the language, the spirit, and the teach
ings of Jesus Christ did not rebuke the "code
of blood" and the spirit of vindictiveness,
then indeed is language powerless to convey
the lesson; and thosu who will not be con
vinced must be left to tho indulgonce of their
passions of hate and malevolence, for Burely
arguments cannot reach them.
The Christian religion has been trampled
under foot and too frequently disgraced by
fossilized theologians, who seem to have for
gotten that Christ died, and seem only to
remember that Moses lived. If the Church
of Christ in the United States is too weak to
reform the few murderers in each community,
let it go into sackcloth over its own
degeneracy. If the fifty thousand clergy
men in this Union are so effeminate or
worldly, or so absorbed in sectarian policy,
that they must clamor for a hangman to re
lieve them of the troublesome duty of saving
a few hundred of tho lost for whom a Saviour
died, let the people rebuke them. Notwith
standing the teachings of a dark and cruel
theology have ever sought to retard the pro
gress of Christian civilization, the principles
of a living Christianity will yet be received
by all the nations of the globe. Its flood
light of truth will yet reach the utter
most parts of the earth and unite brother
with brother in the bonds of love. And when
this day arrives, buniun blood will no longer
be shed under tho sanction of law; the
gallows will disappear from Christian civiliza
tion, and those clergymen who, with long
faces, preach solemn sermons in favor of
putting men to death, will find their services
no longer required by an intelligent and
Christian people, who will be found ever ready
to condemn the wrong and to approve the
right. Marvin II. Bovee.
Philadelphia, March 28, 1870.
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CITY ORDINANOES.
COMMON
l'llIA.
COUNCIL OF PIIILADEL-
Ci-erk's Orncr?, I
PuiLADEt.rniA, March SW, 1870
In accordance with a resolution adonte
the Common Council of the City of riilladol
vhla on 1 hursday, tbe twenty-fourth day of.
March, 1870, tbe annexed bill, entitled "An
Ordinance to authorize a loan for the erection
of a bridge aeros the river Schuylkill at Fair-
mount," Is hereby published for public Infor
mation.
JOHN ECKSTEIN,
Clerk of Common Council. ,
AN O R D I N AN C E
To Authorize a Ian for the Erection of a.
llrldpe across the Klvcr Schuylkill at Fair
mount. Section 1. The Select and Common Councils
of the city of Philadelphia do ordain, lhat the
Mayor of Philadelphia bo aud he is hereby au
thorized to borrow, at not less than par, on the
credit of the city corporation, from time to
time, such sums of money as may be necessary
to pay for tbe construction and erection of a
bridge over the river Schuylkill at Fairmount,
not exceeding In the whole the sum of seven
hundred thouaud dollars, for which interest
not to exceed tbo rate of six per cent, per an
num shall be paid, half-yeartv, on the first (lava
of January and July, at the olllco of the City
Treasurer.
The prlnclpr.1 of said loan shall bo payable
and paid at tbe expiration of thirty years from
tbe date of the same, and not bo lore, without
the content of tho holders thereof; and certifi
cates therefor, in the usual form of certificates
of city loan, shall be issued in such amounts as
the lenders may require, but not for nny frac
tional part of one hundred dollars, or, If re
quired, in amounts of 11 vo hundred or one thou
sand dollars; and it shall be expressed In said
certificates that tbe said loan therelu mcutloned,
and the interest thereof, are payable free from. ,
all taxes.
Section 2. Whenever any loan shall bo made
by virtue thereof, there shall be, by force of this,
ordinance, annually appropriated, out of tho
Income of tho corporate estates and from the
sum raised by taxation, a sum sufficient to pay
the interest on suld certificates; and the fur
ther sum of three-tenths of one per centum on
the par value of such certificates so issued,
thall be appropriated quarterly out of said .in
come nnd taxes to a sinking fund, which fund
and its accumulations are hereby especially
pledged for the redemption and payment of said
certificates.
IEBOLTJTION T() PUBLISH A LOAN
BILL.
Resolved, That the Clerk of Common Coun
cil be authorized to publish in two daily news
papers of this city, daily for two weeks, the
ordinance presented to the Commrfn Council on
Thursday, March S4, 1870, entitled ' "An ordi
nance to authorize a loan for the erection of a
brlduo ncross the river Schuylkill at Fair
mount.'' And the said clerk, at the stated meet
ing of Councils, alter the expiration of four
weeks from the first day of said publication,
nhall prefcnt to this Council one of each ot
faid newspapers for every day lu which the
F.'ime shall be made. 3 SJU 2tt
COMMON COUNCIL OF PinLADYLPHIA.
Cleuk's Office,
PmiAPELruiA, Feb. 4, 1870.
In accordance with a Resolution adopted by
the Common Couucll of tho City of Phlladcl
t'hla, on Thursday, tho third day of February,
1870, the annexed bill, entitled
"an okdinancb
To create a loan for the building of a bridge
over tho River Schuylkill, at South strcut,
and for tbe payment of ground rents aud
uiortgngcs," is hereby published for public In
formation. JOHN ECKSTEIN,
Clerk of Common Council.
AN ORDINANCE TO CREATE A LOAN
FOR THE BUILDING OF A BRIDGE,
OVER THE KlVEtl SCHUYLKILL AT SOUTH
STREET, AND FOR THE PAYMENT OF
GROUND RENTS AND MORTGAGES.
Section 1. The Select and Common Councils
of the City of Philadelphia do ordain, That
the Mayor of Philadelphia be and he is hereby
authorized to borrow, at not less than par, on
the credit of the city, from time to time, oue
million live hundred thousand dollars, to bo ap
plied as follows, viz.: First. For tho building
of a bridge over the River Schuylkill at South
street, eight hundred thousand do'llars. Second.
For the payment of grouud reuts and mort
gages, seven huudred thousand dollars, for
which interest not to exceed tho rate of six
per cent, per annum shall bo paid halt
yearly on the llret days of Jammry and
July, at tho office of the City Tieasurer
The principal of the said loan shall
be payable and paid at tbe expiration of thirty
yeurs from the date of the same, and not before,
without the conscut of the holders there f; and
tbe certificates therefor, in the uxual form of the
certificates ot the City Loan, shall be issuud in
such amounts as the lenders may require, but
not for any fractional part of one huudred or
one thousand dollar; aud it shall be expressed hi
said certificates that the loan therein mentioned,
and the interest thereof, are payable free lromall
taxes.
Section 2. Whenever any loan shall bo made
by virtue thereof, there bhali be, by force of
this ordinance, annually appropriated out of
the income of the corporate estates, and from
the sum raised by taxation, a sum sufficient to
pay the interest on said certificates; and the
further sum of three-tenths of oue per centum
on the par value of such certificates so issued
shall be appropriated quarterly out of said in
come and taxes to a sinking fund, which fund
and its accumulations are' hereby especially
pledged for tbe redemption and payment of said
certificates.
RESOLUTION TO-PUBLISH A LOAN
BILL.
Resolved, That the Clork of Common Council
be authorized to publlt-h in two daily news
papers of this city, dally for four weeks, tho
ordinance presented to Common Couucll ou
Thursday, February 3, 1870, entitled "An ordi
nance to create a loan for the building of a
bridge over the river Schuylkill, at South street,
and for the payment of ground-rents aud mort
gages." And the eald Clerk, at the stated meot
ing of Councils after suld publication, shall pre
sent to this Council one of each of said news
papers for every day in which the same shall
have been made. 3 25 241 ,
PROPOSALS.
N
O T I C E
TO
CONTRACTORS
The Western Maryland Railroad Company having
secured the aid of the city of Baltimore, will soon
be in funds sutHcleut to complete the road from
Pipe Creek Bridge to Uaperstown, and will receive
Proposals until Stb April for all tbe unfinished Gra
ding and Brid gtng on tbe uncompleted section, the
work on which has been suspended for a year.
Payments made In cash for ail work done.
The work on theGraduatlon, Masonry, an1 Super
structure of Bridges will amount to about lino, two.
For all Information as to the present condition of
the work to be done, apply to
W. BOLLMAN, President,
8 88 6w Ko. U N. I10LLIDAY Street.
MEDICAL.
NEW DISCOVERYELIXIR J. P. BER
NARD TONI 81 HKNIQUK. ANTI-DYHPrCPTIO.
'J h. several okiwrvutiuo limda by the beat uhy.ioiuni of
the i'auulte de l'.ri. have proved that the aickausae.
arising from iiupoveriaineut of the blood or nervii.
hauhtion, via. : Ainwiia, CUorotii., HtupatiiLnue
Hjiuibio, Diabetea, Allmuiineria, bcorbut, eto., eto., are
radically cured with the Ki.lXIK J. K. BICFaNARD.
tieneralPepot-A. BERNARD, No. 61 OKDAR Htreet.
Bd nor. i or ail bjr all reapactable driuiKiata. S 1 tutha
DIVOROES.
ABSOLUTE DIVORCES LEGALLY OB
tained In New York, Indiana lllinola, and other
btaUa, lor peraona from any btate or Country. lol every,
where; deaertion, drunkfnneaa, nonauppert. etc., aura
vient oauae; no publicity; no obarxe until divorce ob
tained. Advice free. Buain.ee eti tehed fafteen yean
Addxe.a, M. HOUBK, Attorney,
8 1 3iu Ho. K NASSAU Street, New York City