This, as a proposition, presents a sophism of the order _non causa pro
causa_, in reverse. We all agree a man may forfeit his liberty by crime;
but how are we to deduce from this fact that the liberty of the child
cannot be affected by the same crime? The truth is, the crime that
deprives a parent of liberty, may, or may not, deprive the child. The
framework of this sophism is quite subtle; it implies the sophism, “_a
dicto secundum quid, ad dictum simpliciter_,” to have full effect on the
mind. Because, in truth, the crime that deprives the parent of liberty
does not invariably involve the liberty of the child, we are, therefore,
asked to assent to the proposition that it never does. But, perhaps, an
analysis of the proposition before us may be more plain to some, when we
remark, what is true in all such compound sophisms, that the proposition
containing it is divisible into two distinct propositions.
In this case, the first one is true,—the second not. If, by crime, a man
forfeits his life, he forfeits his liberty. If he is put to death
previous to a condition of paternity, its prospect is cut off with him.
Those beings who, otherwise, might have been his descendants, will never
exist. Hence rude nations, from such analogy, in case of very high
crimes, destroyed, with the parent, all his existing descendants.
Ancient history is full of such examples. The principle is the same as
the more modern attaint, and is founded, if in no higher law, in the
common sense of mankind; for, when the statute establishing attaints is
repealed, the public mind and the descendant both feel that the attaint
essentially exists, even without law to enforce it. Who does not
perceive that the descendants of certain traitors are effectually
attainted at the present day, even among the most enlightened nations.
He who denies that the crime of the parent can affect the liberty of the
child, must also deny that the character of the parent can affect him; a
fact that almost universally exists, and which every one knows.
“Let his children be continually vagabonds and beg; * * * let his
posterity be cut off; * * * let the iniquities of his fathers be
remembered with the Lord.”
This doctrine was recognised and practised by the church, even in
England, in the more early ages. Let one instance suffice. About the
year 560, Mauricus, a Christian king of Wales, committed perjury and
murdered Cynetus,—whereupon, Odouceus, Bishop of Llandaff, in full
synod, pronounced excommunication, and cursed, for ever, him and all his
offspring. See Milton’s ΕΙΚΟΝΟΚΛΑΣΤΗΣ, cap. 28.
Public-domain text, read in full here on John Shaqi.
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