“Therefore my people are gone into captivity, because they have no
knowledge.” _Isa._ v. 13. “And they forsook the Lord, and served Baal
and Ashteroth. And the anger of the Lord was hot against Israel, and he
delivered them into the hands of the spoilers that spoiled them, and he
_sold_ them into the hands of their enemies round about.” _Judg._ ii.
13, 14. See also, iii. 6–8. “If his children forsake my law and walk not
in my judgments: if they break my statutes, and keep not my
commandments: then will I visit their transgressions with the rod and
their iniquity with stripes.” _Ps._ lxxxviii. 30–32. “He that troubleth
his own house shall inherit the wind: and the fool shall be the servant
(עֶבֶד _ebed_, _slave_) to the wise of heart.” _Prov._ ii. 29. “And her
daughters shall go into captivity. Thus will I execute judgments in
Egypt: and they shall know that I _am_ the Lord.” _Ezek._ xxx. 18. _See
also the preceding part of the chapter._
It is highly probable that among savage tribes, punishment and the
infliction of pain are often applied with no higher view than to torture
the object of displeasure. But to us it seems remarkably unfortunate, in
a student of moral and civil jurisprudence, to suggest that legal
punishment, among civilized men, is ever awarded or ordered with any
such feeling. If our education has given us a correct view of the
subject, the man who inflicts pain even on the brute, solely on the
account of such a feeling, instantly, so far as it is known, sinks to
the grade of a savage; and much more explicitly when the object of
revenge is his fellow man. On the contrary, when “the offender” has
given unquestionable evidence of a depravity too deeply seated for any
hope of regeneration, and the law orders his death, it selects that mode
of execution which inflicts the least suffering, and which shall have
also the greatest probable influence to deter others who may be downward
bound in the road of moral deterioration. There never has been a code of
laws among civilized nations, where the object of punishment was to
inflict pain on the implicated; only so far as was thought necessary to
influence a change of action for the better. The object of punishment
invariably has been the improvement of society.
If the Rev. Dr. Wayland had been teaching legislation to savages, or,
perhaps, their immediate descendants, his remarks, to which we allude,
might have been in place. But may we inquire to what cause are _we_
indebted for them?
Permit us to inquire of the Doctor, where now are to be found the
“systems of criminal jurisprudence” to which he alludes? Does he imagine
that such system has some _likeness_ to the government of the civilized
man over his slave? Or, in their government, does he propose to abolish
corporeal punishment, because he may think that will destroy the
institution itself? For “a servant (עָ֑בֶד _abed_, _a slave_) though he
understand, he will not answer.” _Prov._ xxix. 19.
Public-domain text, read in full here on John Shaqi.
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