"death."-He continued-" In this respect the English "do not allow sufficient time: a great Criminal is not likely to be reclaimed in two or three days; but in Scot"land they act differently: THERE sufficient time is allowed "to the Criminal; he first is reclaimed, then executed." That is, Men, who have committed great Crimes, after being reclaimed,-after HAVING REPENTED AND BECOME INNOCENT are put to death!-This gross obliquity of reason is produced, the understanding is thus poisoned-by studying Laws, as a Rule of conduct, which are independent of, and in different Instances directly opposed to the DIVINE Law or the declared Will of OUR CREATOR!

4. Second: This Gentleman also objected, that Sacrifice in ST. MATTHEW, ch. 9. v. 13, means an Offering to Heaven.-I admit that the passage in HOSEA, ch. 6. v. 6, from which Christ probably borrowed his expression, means such Sacrifice; but it is no uncommon thing for Christ and his Apostles, to use passages of the Jewish Scriptures in a sense different from what they bear in the said Scriptures; and in the instance under consideration, the purpose for which CHRIST spoke; the context; what immediately precedes and follows; all manifest that CHRIST used the passage in question to express the principle established by the other Texts here given.Were the objection here noticed valid, which it is not, my position would not thereby be affected, as the asserted Principle is fully established by Texts the meaning whereof cannot be disputed.

66

5. Third: In the Bengal Hurkaru of March 22d 1833, it is stated (from Fraser's Magazine for November 1832) that the robbing of Bleach-grounds "had grown to a great extent," &c. &c-and Judge Heath, in order to put an end to the said stealing, hanged the three first Men who, after the passing of 51 Geo. 3. c. 51, were indicted for the said Offence. This conduct of the Judge is extoled; so is his calling the feelings of

such Persons as endeavoured to abolish Capital Punishments for stealing private property-" MAWKISH AND

AFFECTED FEELINGS.

6. Sir Samuel Romilly is mentioned as one of the Men of "mawkish and affected feelings."-From what is publickly known of the Characters of Sir Samuel Romilly and Judge Heath, I think the former will be allowed to be an authority at least of equal weight to the latter; but in this Case we do not stand in need of mere human authority.-Why did not Judge Heath, or the Writer of the article in question, endeavour to prove that they possess authority to put a Man to death for stealing?-Why not endeavour to prove, that they possessed the right to shed Human blood in order to PREVENT stealing?If our Scriptures be true,-no such right exists; but on the contrary, all executions for stealing are legal Murders."-The Crime of putting Human Beings to death in cold blood, of course is not confined to cases of Stealing or Robbery; but here it is not necessary to go beyond those Cases.

66

7. To what will the principle-that in order to prevent the future commission of such crime, it is lawful and right to hang Men for stealing,—lead?—If true, it should be applied generally; and then, any Servant, both Public and private, guilty of stealing or embezzling property, should be hanged! The generality of Maukind, especially those Classes, Members of whom may be supposed to be the only Robbers of Bleach-grounds, probably would not object to the general application of this principle:—If a -If a poor Man should be hanged for stealing either public or private Property, what should be the fate of the Delinquents-who embezzle or steal thousands upon thousands of pounds of the Public money, and who commit far greater breaches of duty?

8. If the feelings of Sir Samuel Romilly, and Men of similar principles (NOW THANK GOD THE GREATER PART OF THE BRITISH NATION) be "mawkish and af

fected," what must be said of the Texts of Scripture given in No. of the whole spirit of Christianity,-of CHRIST'S praying for forgiveness for his Murderers. ?— How superlatively "mawkish and affected" must the last mentioned HEAVENLY conduct be deemed by Justice Heath and such as agree with him in opinion?

of

9.

Again-Did

Again :-Did the Law" whoso sheddeth "man's blood, by man shall his blood be shed,”—continue in force,—What would be the fate of Judge Heath, many other Judges, and of their numerous Accomplices?-It inevitably would follow, that any Judge (or other Person) who has a Man executed for stealing, or •for committing any Crime which, by the Divine Law, is not a Capital Offence, and all Persons assisting in such executions,—should be put to death! And, certainly, Revelation does not authorize the infliction of Capital Punishments for Stealing private property.-Let the Writer in question, or any of his abetters, endeavour to get out of this difficulty.

10. But independently of Revelation and Humanity, the Understanding of duly educated Children nine or ten years old, is sufficient to manifest that before resorting to the extreme, the murderous measure-of Capital Punishments, it must be clearly proved that no other expedient will produce the desired effect.-The professional reason, the non-mawkish and non-affected feelings of these Men, would not be arrested by such a consideration: for them it is sufficient, that Men like themselves, have determined, that those who steal private property shall be hanged!-I will not here repeat in effect what is contained in the f llowing application, marked B, and in parts of the two Papers which precede that application.-On the authority of these advocates for shedding Human blood, not only whatever can be urged by a humble Individual like myself, but also the writings of such Men as Beccaria and Romilly, equally with the Scriptures," are mawkish and "affected."

66

11. A full reply to the question-" For what purpose, were Laws" [those enacting Stealing to be a Capital Offence] "made but for its," [private property] "protection?" would occupy too much space on the present occasion: here, in addition to a question put below, I will only observe, that the Men who made the said Laws, made Laws for carrying on the Slave Trade;-THEY authorized, encouraged and participated in—that Trade of Blood and Murder,-in Stealing, Robbing and Murdering-thousands on thousands of Human Beings,—and in much worse than murdering those who survived !*

12. In my turn I put this question-" For what 66 purpose, were Laws made" for carrying on the Slave Trade "but for it's protection ?"-and,-why were the said Laws abrogated?-The reply is-The said Laws were made for the purposes of the Law-makers ; and they were abrogated because the body of the English People, unable longer to endure the horrid wickedness of those Laws and the consequent practices, compelled the Law-makers to abrogate them. So all wiched, inhuman and Bloody Laws, made in violation of the declared Will of OUR CREATOR, SHOULD BE, AND WILL BE abrogated! If Law-makers, Judges and Magistrates, would obey the Laws of our CREATOR,-if they would make the examples of CHRIST and his Apostles-their guide," robbing of Bleach grounds" or other great moral offences would occur as seldom as destructive Earthquakes or other great convulsions of nature! Let men of power act hones ly; let them refrain from oppressing and robbing their weak fellow Creatures, and set them a good example; let them do this, and their Bleach-grounds and other private property will remain in safety.

66

13. Here we see the Reason, the Justice and Humanity of a Judge and others of his Profession.

Any

*Read the Publication of that most worthy man -THOMAS CLARKSON. + I understand that Sir Matthew Hale, as to professional talent, and integrity, is considered to be equal to any Judge who ever sat on the English Bench.

Person who is informed that SIR MATTHEW HALE, had a woman burnt in 1664, FOR BEING A WITCH,† will not be surprised at the particulars which are above noticed. It necessarily is impossible to advance ANY RATIONAL OBJECTION to the declared Divine Will, which, in the particulars under consideration, as in all other Instances, will be found consistent with the fair dictates—of our Reason, of Justice, of Humanity and of infinite Benevolence! All the adverse positions given in the Hurkaru, are arrogant assertions founded on false assumptions, and I think the whole may justly be characterised as being irrational, inhuman and Atheistical!

14. I greatly regret the occurrence which this day incited me to write this Preface!* I did not write these Papers, I do not come before the Public-in order to obtain any worldly advantage; I know my unfitness for Public writing, and nothing but a sense of duty caused me to engage in this undertaking: had any other Person taken up the subject, I would most readily have withdrawn, and quietly but most ardently have wished success to his endeavours!-By abolishing Capital Punishments, and making the utmost endeavours to Reclaim Criminals, only a part of what is required will be performed; a more effective if not a yet greater duty remains to be accomplished, viz. to make such Laws and establish such Police Regulations as shall, in a great measure, if not entirely, prevent the Commission of Crimes: for this purpose, Revelation and the History of the Primitive Church, are, NECESSARILY ARE-sufficient Guides.—April 22d 1833.

:

The Gentleman to whom the Letter copied in the next page was written, not being found at home; during the remainder of the day and until after 7 o'clock this morning, I ineffectually endeavoured to have my Paper laid before the Judges of the Supreme Court -my mind was very uneasy-in order to avoid similar uneasiness, although so pressed with troubles, this Preface is written. Had my endeavours to save the life of this unfortunate man succeeded, I should have enjoyed such gratification as would have proved abundant payment for the trouble taken in writing these Papers.