We know that the Christian Dispensation did distinctly repeal and annul certain portions of that law. We know that the doctrine of retributive justice or vengeance, was plainly disavowed by the Saviour. We know that on the only occasion of an offender, liable by the law to death, being brought before Him for His judgment, it was not death. We know that He said, "Thou shalt not kill". And if we are still to inflict capital punishment because of the Mosaic law (under which it was not the consequence of a legal proceeding, but an act of vengeance from the next of kin, which would surely be discouraged by our later laws if it were revived among the Jews just now) it would be equally reasonable to establish the lawfulness of a plurality of wives on the same authority.
Here I will leave this aspect of the question. I should not have treated of it at all in the columns of a newspaper, but for the possibility of being unjustly supposed to have given it no consideration in my own mind.
In bringing to a close these letters on a subject, in connection with which there is happily very little that is new to be said or written, I beg to be understood as advocating the total abolition of the Punishment of Death, as a general principle, for the advantage of society, for the prevention of crime, and without the least reference to, or tenderness for any individual malefactor whomsoever. Indeed, in most cases of murder, my feeling towards the culprit is very strongly and violently the reverse. I am the more desirous to be so understood, after reading a speech made by Mr. Macaulay in the House of Commons last Tuesday night, in which that accomplished gentleman hardly seemed to recognise the possibility of anybody entertaining an honest conviction of the inutility and bad effects of Capital Punishment in the abstract, founded on inquiry and reflection, without being the victim of "a kind of effeminate feeling". Without staying to inquire what there may be that is especially manly and heroic in the advocacy of the gallows, or to express my admiration of Mr. Calcraft, the hangman, as doubtless one of the most manly specimens now in existence, I would simply hint a doubt, in all good humour, whether this be the true Macaulay way of meeting a great question? One of the instances of effeminacy of feeling quoted by Mr. Macaulay, I have reason to think was not quite fairly stated. I allude to the petition in Tawell's case. I had neither hand nor part in it myself; but, unless I am greatly mistaken, it did pretty clearly set forth that Tawell was a most abhorred villain, and that the House might conclude how strongly the petitioners were opposed to the Punishment of Death, when they prayed for its non-infliction even in such a case.
THE SPIRIT OF CHIVALRY IN WESTMINSTER HALL
"Of all the cants that are canted in this canting world," wrote Sterne, "kind Heaven defend me from the cant of Art!" We have no intention of tapping our little cask of cant, soured by the thunder of great men's fame, for the refreshment of our readers: its freest draught would be unreasonably dear at a shilling, when the same small liquor may be had for nothing, at innumerable ready pipes and conduits.
But it is a main part of the design of this Magazine to sympathise with what is truly great and good; to scout the miserable discouragements that beset, especially in England, the upward path of men of high desert; and gladly to give honour where it is due, in right of Something achieved, tending to elevate the tastes and thoughts of all who contemplate it, and prove a lasting credit to the country of its birth.
Upon the walls of Westminster Hall, there hangs, at this time, such a Something. A composition of such marvellous beauty, of such infinite variety, of such masterly design, of such vigorous and skilful drawing, of such thought and fancy, of such surprising and delicate accuracy of detail, subserving one grand harmony, and one plain purpose, that it may be questioned whether the Fine Arts in any period of their history have known a more remarkable performance.