40 THE MAIN QUESTION Do we hear, still further, an objection made against the punishment of death for murder, founded on the alleged liability of condemning and punishing with death, innocent persons who are convicted by one witness only, and sometimes by circumstantial testimony, without a single positive witness to prove the fact of murder? And, consequently, do we hear the remedy prescribed, viz., that if the barbarous law of Capital Punishment for murder could be legally abolished and imprisonment for life substituted in its room, there would be, perhaps, twenty convictions for murder, to one under the old Mosaic penalty of death, which the present enlightened "age of reason," requires to be abolished as a species of antiquated barbarism? In reply, the fact is admitted that innocent persons have been convicted and executed as murderers; some by false witnesses, and others by discrepant circumstantial testimony. Time has brought to light lamentable instances of this nature. And, on the other hand, doubtless atrocious murderers have been acquitted of guilt, and the deserved punishment of death, by means of false swearing, all which the day of Judgment will disclose to the condemnation of the guilty. It is also admitted, that no person should be adjudged to be guilty of murder, short of the testimony of two competent witnesses, in conformity with the requirement of the Divine Law, [Numbers, 35, 30.] "The murderer shall be put to death by witnesses; but one witness shall not testify against any person to cause him to die." But what do the above admissions amount to, in deciding on the main question at issue, viz., Shall the murderer be put to death for his crime? Or, shall the punishment of death, (awarded to him by the pen. ARGUED AND ANSWERED. 41 alty of God's unrepealed Law.) be commuted to the nominal sentence of imprisonment for life? That innocent persons have been convicted of murder by the malicious wiles of false witnesses, against whose invidious testimony no successful defence could be made, and thus, by a perversion of truth have fallen martyrs to promote the cause of justice when they were executed; and that the most atrocious murderers have been acquitted from guilt by the sympathetic stratagems of suborned false witnesses, or perjured jurors, who "leaned to the side of mercy," to acquit the guilty, because they were opposed to Capital Punishment, and wished the old Bible law abolished; amount to nothing more on the question of the divine legality of Capital Punishment of death for murder; than to caution all legal triers of culprits arraigned before court on indictment for murder, to take the BIBLE for their rule of procedure; to examine witnesses in a manner that shall elicit "the truth, the whole truth, and nothing but the truth,” and thus to determine, and dispose of the case according to law, i. e., God's Law, and evidence. While it is admitted, that no human being should be convicted of murder, nor be executed, without such legal testimony as the law of God requires; yet, if an innocent person is condemned as a murderer, by false witnesses, and the verdict of misinformed jurors; if he be sentenced to death by an honest judge, in view of perverted truth on false testimony; and is executed for the promotion of public justice, in accordance with the requirements of God's law;-or, if a guilty murderer be acquitted by false witnesses, perjured jurors, and a sympathizing judge, all combined under the influence of inveterate opposition to Capital 42 ANSWER CONTINUED. Punishment; and, although truth and justice should be thus perverted in many instances; yet, The day will come, when such dread works of night, While TRUTH shall sink the guilty in despair. Yes, the day of final judgment will exhibit the TRUTH, and show to an assembled universe, where the guilt, and innocence, both lay concealed under falsehood; which, (when divested of its deceptive garb,) will exhibit lovely Innocence, oppressed, and maliciously persecuted unto death; but will kindle flames. on the conscience of the guilty, which will burn to the lowest hell with unquenchable fire! All that will be said of the proposal to substitute imprisonment for life, as a mitigated mode of satisfaction for the penalty of death, which, it is computed will tend to multiply convictions of murder twenty to one, is, that the fact anticipated on the adoption of the popular plan proposed, will not be disputed, nor doubted. Let Capital Punishment be abolished by a legislative enactment of high treason against the Government, the Throne, the Crown, and the Majesty of the GoD of Heaven, by disannulling his penalty of death for murder; and, doubtless, twenty murders then will be committed to one under the law of a deathpenalty. And, doubtless, all murderers will then be convicted, who cannot prove themselves innocent by false witnesses, on a plea of insanity, or alibi. And those who shall be so defeated in their defence as to be convicted, and sentenced to imprisonment for life, will not be permitted, long, to suffer there in ignominious confinement. No, not they. The popular sympathy for the poor sufferers will fill thousands of streaming eyes with tears; and, most probably, the ANSWER CONCLUDED. 43 doctrine will then prevail, that a state-prison punishment for life, is a thousand times more cruel than hanging, which might probably lead to the abolition of all laws against murder whatsoever, that men of honor may enjoy the liberty and independence of being governed only by the laws of retaliation. Then the foundations of prisons will probably be torn away by popular sympathy. Liberated murderers will be welcomed into every ill-famed rum-shop, and gambling-house, where intoxicating liquors are abundant. And, if the trade of murder is resumed on the first quarrel, and death, blood, and carnage ensue in malicious vengeance, in retaliation for an insulting word spoken! nothing, only arrest, trial, conviction of wilful murder, by dirk or pistol, will be the crime proven; the verdict will be nothing only guilty of murder, (unless acquitted by false witnesses, on the plea of insanity, or alibi ;) the sentence will be nothing only imprisonment for life; and the term of punishment will again be ended, as soon as popular sympathy for the poor sufferers can set them at liberty to act the same tragedy and farce of murder, imprisonment and liberty, murder, imprisonment and liberty, over and over again during life!!! Such, it is presumed, will be the "Signs of the Times," when God's law of death for murder shall be abolished by human legislation. Then murder will, doubtless, be as common, as temptations are to promote it. And convictions and punishments will be easily disposed of at ratios, not merely by twenty to one; but by hundreds and thousands to one, all tending to make "Signs of the Times" prosperous indeed for court officers, and keepers of prisons; and not very hazardous for the brave fellows who are not afraid of the gallows, nor a protracted imprisonment 44 UNWARRANTABLE ASSUMPTION OF POWER. for life, merely for murdering somebody in cold blood, designedly, by reason of malice, envy, the laws of honor, or retaliation. Such would be the "Signs of the Times," without doubt, on the abolition of Capital Punishment by human legislation. Lastly. From the foregoing premises we infer, that an official mitigation of the Divine penalty of death for murder, by commuting the punishment into any mode of satisfaction short of the death of the murderer, is, in effect, a human repeal of a Divine Law! an assumption of power, which belongs not to any man, however high in authority he may be; nor to any legislative authority of any form of human government under heaven. This inference is designed as an exposition of what is understood and believed to be the amount of the Governor's commutation of the sentence of the law, awarded by the court to Abram Wilcox. By this official act, the Executive has taken upon himself the responsibility of altering, materially, a penalty of GOD'S LAW. In changing the penalty, he has virtually changed the nature of the Law itself, by diminishing the atrocity of the crime of murder down to the level of the same degree of guilt and desert of punishment, as that of the crimes of stealing, of burglary, of highway-robbery, and even to that of a repetition, and reiteration of the most paltry acts of petit larceny. If a man steals an old horse, worth but twenty-five dollars; or robs a man of the same amount of money; or violently breaks open a dwelling-house or store, he is liable, by the statute, to indictment, trial, conviction, and sentence to confinement in the state penitentiary, during such term as the judge or judges shall see proper to inflict. After service, during said term of imprisonment, a repetition of either of his former |