CAPITAL PUNISHMENT. [27]

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WE have had this book before us for several weeks, but the task of reading it has been so repulsive that we have been obliged to get through it by short stages, with long intervals of rest and refreshment between, and have only just reached the end. We believe, however, we are now possessed of its substance, so far as it is possible to admit into any mind matter wholly uncongenial with its structure, its faith, and its hope.

Meanwhile others have shown themselves more energetic in the task, and notices have appeared that express, in part, our own views. Among others an able critic has thus summed up his impressions:—

"Of the whole we will say briefly, that its premises are monstrous, its reasoning sophistical, its conclusions absurd, and its spirit diabolic."

We know not that we can find a better scheme of arrangement for what we have to say than by dividing it into sections under these four heads:—

1st. The premises are monstrous. Here we must add the qualification, they are monstrous to us. The God of these writers is not the God we recognize; the views they have of human nature are antipodal to ours. We believe in a Creative Spirit, the essense of whose being is Love. He has created men in the spirit of love, intending to develop them to perfect harmony with himself. He has permitted the temporary existence of evil as a condition necessary to bring out in them free agency and individuality of character. Punishment is the necessary result of a bad choice in them; it is not meant by him as vengeance, but as an admonition to choose better. Man is not born totally evil; he is born capable both of good and evil, and the Holy Spirit in working on him only quickens the soul already there to know its Father. To one who takes such views the address of Jesus becomes intelligible—"Be ye therefore merciful, as your Father also is merciful." "For with the same measure that ye mete withal, it shall be measured to you again."

Those who take these views of the relation between God and man must naturally tend to have punishment consist as much as possible in the inward spiritual results of faults, rather than a violent outward enforcement of penalty. They must, so far as possible, seek to revere God by showing themselves brotherly to man; and if they wish to obey Christ, will not forget that he came especially to call sinners to repentance.

The views of these writers are the opposite of all this. We need not state them; they are sufficiently indicated in each page of their own. Their conclusions are the natural result of such premises. We could say nothing about either, except to express dissent from beginning to end. Yet would it be sweet and noble, and worthy of this late period of human progress, if their position had been stated in a spirit of religious, of manly courtesy; if they had had the soul to say, "We differ from you, but we know that so wide and full a stream of thought and emotion as you are moved by could not, under the providential rule in which we believe, have arisen in vain. The object of every such manifestation of life must be to bring out truth; come, let us seek it together. Let us show you our view, compare it with yours, and let us see which is the better. If, as we think, the truth lie with us, what joy will it be for us to cast the clear light on the object of your aspirations!"

Of this degree of liberality we have known some, even, who served the same creed as these writers to be capable. There is, indeed, a higher spirit, which, believing all forms of opinion which we hold in the present stage of our growth can be but approximations to truth, and that God has permitted to the multitude of men a multitude of ways by which they may approach one common goal, looks with reverence on all modes of faith sincerely held and acted upon, and while it rejoices in those souls which have reached the higher stages of spiritual growth, has no despair as to those which still grope in a narrow path and by a glimmering light. Such liberality is, of course, out of the question with such writers as the present. Their faith binds them to believe that they have absolute truth, and that all who do not believe as they do are wretched heretics. Those whose creed is of narrower scope are to them hateful bigots; but also those with whom it is of wider are latitudinarians or infidels. The spot of earth on which they stand is the only one safe from the conflagration, and only through spectacles and spyglasses such as are used by them can the sun and stars be seen. Yet, as we said before, some such, though incapacitated for an intellectual, are not so for a spiritual tolerance. With them the heart, more Christ-like than the creed, urges to a spirit of love and reverence even towards convictions opposed to their own. The sincere man is always respectable in their eyes, and they cannot help feeling that, wherever there is a desire for truth, there is the spirit of God, and his true priests will approach with gentleness, and do their ministry with holy care. Unhappily, it is very different with the persons before us.

We let go the first two counts of the indictment. Their premises are, as we have said, such as we totally dissent from, and their conclusions such as naturally flow from those premises. Yet they are those of a large body of men, and there must, no doubt, be temporary good in this state of things, or it would not be permitted. When these writers say, that to them moral and penal are coincident terms, they display a state of mind which prefers basing virtue on the fear of punishment, rather than the love of right. If this be sincerely their state, if the idea of morality is with them entirely dependent on the retributions upon vice, rather than the loveliness and joys of goodness, it is impossible for those who are in a different state of mind to say what they do need. It may seem to us, indeed, that, if the strait jacket was taken off, they might recover the natural energy of their frames, and do far better without it; or that, if no longer hurried along the road by the impending lash behind, they might uplift their eyes, and find sufficient cause for speed in the glory visible before, though at a distance; however, it is not for us to say what their wants are. Let them choose their own principles of action, and if they lead to purity of life, and benevolence, and humanity of heart, we will not say a word against them.

But in the instance before us, they do not produce these good fruits, but the contrary; and therefore we have something to say on the other part of the criticism, to wit: that "the reasoning is sophistical, and the spirit diabolic;" for, indeed, in the sense of pride by which the angels fell, arrogance of judgment, malice, and all uncharitableness, we have never looked on printed pages more deeply sinful. We love an honest lover; but next best, we, with Dr. Johnson, know how to respect an honest hater. But even he would scarce endure so bitter and ardent haters as these, and with so many and inconsistent objects of hatred—who hate Catholics and thorough Protestants, hate materialists, and hate spiritualists. Their list is really too large for human sympathy.

We wish, however, to make all due allowance for incapacity in these writers to do better; and their disqualifications for their task, apart from a form of belief which inclines them rather to cling to the past, than to seek progress for the future, seem to be many.

The "reasoning is sophistical," and it would need the patience of a Socrates to unravel the weary web, and convince these sophists, against their will, that they are exactly in the opposite region to what they suppose. For the task we have not space, skill, or patience; but we can give some hints by which readers may be led to examine whether it is so or not.

These writers profess to occupy the position of defence; surely never was one sustained so in the spirit of offence.

1st. They appeal either to the natural or regenerate man, as suits their purpose. Sometimes all traditions and their literal interpretations are right; sometimes it is impossible to interpret them aright, unless according to some peculiar doctrine, and the natural inference of the common mind would be an error.

2d. They strain, but vainly, to show the New Testament no improvement on the Old, and themselves in harmonious relations to both. On this subject we would confidently leave the arbitration to a mind—could such a one be found—sufficiently disciplined to examine the subject, and new both to the New Testament and this volume, as that of Rammohun Roy might have been, whether its views are not of the same strain that Jesus sought to correct and enlighten among the Jews, and whether the writers do not treat the teachings of the new dispensation most unfairly, in their desire to wrest them into the service of the old.

3d. Wherever there is a weak place in the argument, it is filled up by abuse of the opposite party. The words "absurd," "infidel," "blasphemous," "shallow philosophy," "sickly sentimentalism," and the like, are among the favorite missiles of these defenders of the truth. They are of a sort whose frequent use is generally supposed to argue the want of a shield of reason and a heart of faith.

And this brings us to a more close consideration of the spirit of this book, characterized by our contemporary as "diabolic." And we, also, cannot excuse ourselves from marking it as, in this respect, one of the worst books we have ever seen.

It is not merely bitter intolerance, arrogance, and want of spiritual perception, which we have to condemn in these writers. It is a want of fairness and honor, of which we think they must be conscious. We fear they are of those who hold the opinion that the end sanctifies the means, and who, by pretending to serve the God of truth by other means than strict truth, have drawn upon the "ministers of religion" the frequent obloquy of "priestcraft." How else are we to construe the artful use of the words "dishonest" and "infidel," wherever they are likely to awaken the fears and prejudices of the ignorant?

Of as bad a stamp as any is the part of this book headed "Spurious Public Opinion." Here, as in the insinuations against Charles Burleigh, we are unable to believe the writers to be sincere. Where we think they are, however poor and narrow we may esteem their statement, we can respect it, but here we cannot.

Who can believe that such passages as the following stand for any thing real in the mind of the writer?

"Indeed, there is nothing that can possibly check the spirit of murder, but the fear of death. That was all that Cain feared; he did not say, People will put me in prison, but, They will put me to death; and how many other murders he may have committed, when released from that fear, the sacred writer does not tell us!"

Why does not the writer of this passage draw the inference, and accuse God of mistake, as he says his opponents accuse Him, whenever they attempt to get beyond the Jewish ideas of vengeance. He plainly thinks death was the only safe penalty in this case of Cain.

"The reasoning from these drivellings of depravity in malefactors is to the last degree wretched and absurd. Hard pushed indeed must he be in argument who can consent to dive down into the polluted heart of a Newgate criminal, in order to fish up, from the confessions of his monstrous, unnatural obduracy, an argument in that very obduracy against the fit punishment of his own crimes."

We can only wish for such a man, that the vicissitudes of life may break through the crust of theological arrogance and Phariseeism, and force him to "dive down" into the depths of his own nature. We should see afterwards whether he would be so forward to throw stones at malefactors, so eager to hurry souls to what he regards as a final account.

But we have said enough as to the spirit and tendency of this book. We shall only add a few words as to the unworthy use of the word "infidel," in the attempt to fix a stigma upon opponents. We feel still more contempt than indignation at the desire to work in this way on the unthinking and ignorant.

We ourselves are of the number stigmatized by these persons as sharing an infidel tendency, as are all not enlisted under their own sectarian banner. They, on their side, seem to us unbelievers in all that is most pure and holy, and in the saving grace of love. They do not believe in God, as we believe; they seem to us utterly deficient in the spirit of Christ, and to be of the number of those who are always calling, "Lord, Lord," yet never have known him. We find throughout these pages the temper of "Lord, I thank thee that I am not as other men are"—hatred of those whom they deem Gentiles, and a merciless spirit towards the sinner; yet we do not take upon ourselves to give them the name of infidels, and we solemnly call them to trial before the bar of the Only Wise and Pure, the Searcher of hearts, to render an account of this daring assumption. We ask them in that presence, if they are not of the class threatened with "retribution" for saying to their brother, "Thou fool;" and that not merely in the heat of anger, but coolly, pertinaciously, and in a thousand ways.

We call to sit in council the spirits of our Puritan fathers, and ask if such was the right of individual judgment, of private conscience, they came here to vindicate. And we solicit the verdict of posterity as to whether the spirit of mercy or of vengeance be the more divine, and whether the denunciatory and personal mode chosen by these writers for carrying on this inquiry be the true one.

We wish most sincerely this book had been a wise and noble one. To ascertain just principles, it is necessary that the discussion should be full and fair, and both sides ably argued. After this has been done, the sense of the world can decide. It would be a happiness for which it might seem that man at this time of day is ripe, that the opposing parties should meet in open lists as brothers, believing each that the other desired only that the truth should triumph, and able to clasp hands as men of different structure and ways of thinking, but fellow-students of the divine will. O, had we but found such an adversary, above the use of artful abuse, or the feints of sophistry, able to believe in the noble intention, of a foe as of a friend, how cheerily would the trumpets ring out while the assembled world echoed the signal words, "God speed the Right!" The tide of progress rolls onward, swelling more and more with the lives of those who would fain see all men called to repentance. It must be a strong arm, indeed, that can build a dam to stay it even for a moment. None such do we see yet; but we should rejoice in a noble and strong opponent, putting forth all his power for conscience's sake. God speed the Right!

                                                                                                                                                                                                                                                                                                           

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