Newspapers / The Wilmington Post (Wilmington, … / Oct. 12, 1879, edition 1 / Page 2
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- 0 THE WILMINGTON POST. W, P. CANADA Y, Edr & Prop'r. WILMINGTON, N. C, Sunday Morning, Oct. 12, 187'J. ELECTIONS Two state elections will be held on Tuesday of this week, October 14th one in 'Jhio and one in Iowa. . The election in Ohio is for Governor, Lt.. Governor, Judge of Supreme Court; Attorney General, Auditor, Treasurer, and one Member of the Hoard of Tub lie Works and the legislature. The Republican candidate for Gov ere or is lion. 'Charles luster. He had l ien a merchant and banker, and had never he'd piiy cfiice until he was elec ted to the- J2nl, TiJ, 14th, and 10th. , Tho Democratic candidate is Gen. Thomas Ewing, who was in 18(11 Chief Justice of the Supreme Court of Kansa and was elected to the loth Congress from Ohio. The G-t eer-back candidate as A. riaun- ders 1'ialU At the election in 1S78 the vote stood as follow.-;' Kepub. 271,120; Dem. 270. Mii; Greenback, .'iS.S&i; and 1'rohibi tionist, ."o71, and tho Democratic ma . jority in the legislature on joint ballot wu 12. The legislature to be eldcted now will elrct a successor to Senator Thnriiian. In Iowa there io to be elected a Gov ernor, a Ut. (Jovernor, 'a Judge of the H. prcme Court, a iSupUof Instruction, and a 'member" of Congress to fill a vacancy. 1 luUcpublicai candidate is John II. Gear, 1 the Democratic candidate is Henry 11. Trimble, and the Greenback 1 Un'tel Campbell. At the election, of 'lS7d the general vole stood. Kepub. Ml.oH, the Dem. I, oU2, and Greenback 12'!..77. The lei?is.lalnrc stood ',S majority on joint ballott. la Connecticut an election for town otlkerx, and the vote on amendments to the constitution' was '-held on the (5th :iiid the Uepubllc'an.-s had the best of it Norwich, New' London, Waterbury and New r.rittain- o Republican. The aim ndnii-nt.i to the constitution, pro viilin.' for biennial tensions and the l'nuit ol'ag forjudge of Supreme Court to7o, v. ore voted .down: In I'ojora.ht,; where an election was hVi :i i Ik 7 tli forjudge of Supreme Coult and District of Attornies the Ii-.-piiblic.urs 'made a clean sweep. ! SOS' l'llKKN DKl'ltKSMOX. j .".The New York Titm-n has not uufre jue:itly ini-apprchcnded southern af l.iir.' and ut times has done the better and weil meaning portions of our popu lation actual injustice. Hut it has lat tcr'y brought to the disscuiion of southern. aili'irs.a foresight and capacity which commands -at the 'name time res-put, an l absent to. it's reasoning. The-ufti-Jc winch we copy in part below is an adiiiii.iU'.e e..u'iile of its later dis-(u-'iiiih .nuitheru affairs, ivhcrin it utters - tnnhs. which ought to, ami doub'.h - dv)cs, iniluence and obtain the afv'iit.ofllln' better diss of southern ers I' .ict-. whiVh cannot be disputed,-aud.ii:;- -;i!!ii's which cautiol be contro verted, are o! themselves .bound to in llucucc li e minds of reasoning men and will do .-v whether they are palatable or unpalatable. And when tliis power tul juiu na! , -which: speaks for so large a portion t: tho most intelligent of Amerioai'M, utters advice like what wc print below, it will be well if the south shall heed it and act upon it. The south has already done enough towards cnuing it own lingers, and preventing its o'wn prosperity aud welfare, to jiu d.ico it t i regard goad advice from .whatever source.it may come. : -Of course, the north is not iusuisible to tl.e It-sM s suffered by its industries and trade mi consequence of theuis linbed condition of some of the south era states and the want of enterprise, energy, and capital in all of them. I Itn merchants appreciate the value of a liea'.thv southern market for their ShhIs, as clearly as they appreciate the ...!....... .. ... . i ...... !.. aiuv i n Ks.w 4l"j' Ol IVUtMl, Hilt ihe condition of 'the south affoc'a i the . north only in degree. All the iudiea- ' Uor.s t returning prosperity are visible . itriHiiiil us. e have the enterprise and energy whicfc the Siuth lacks, and i: upcratundauoe the capital, .rom t!j want ot which the KUkU "nuffcr. Not ih m.d west Ure in common the ptv'sperity; the south alone complain ( poverty aud depression. While, then, the v',e of buinesa attain ia the sviiU and it evident inability to rr- gaturxcept very slowly the prvopWUy it, nxs uvt. Ait not unle It at the north, we have the .V.i faction of knowing that the irjar v ctpsrncuoed i olHurrst by tho iwncr.: accruing frtm the deveior r.ic: et the not. 4'he etTect of iKHitk- xtn dcp.v!;vtt i to a eniderab!e ei tvnt C'.Uit-r-ctcd by r-trra growth frl i-r.p-n.T I he circumsUocv i citeJ a a tcju fur ludttTertoce to the tlila that pitrv atl ihruihout the greatet portion it southern ttc. rrlVr O It aj prvxt tbt ih ra'.r-o.-raio policy 1 1 U.9 jultn IStajotacy t !e- hurt I jJffl ffn tuiiorsw point of : ' tbemtelrrv -' f : l '.' s aVh at: ttoi b'utt-Jci by m ! jet:Mty b1 bate, aad Wy the ni:?iiT wf lU !rderv rt 1 la lit (4atnl aSordcd I t i rtal Wiwt ta Cio4T ii ol !;7. U Mar il wi5i Uewt kf wtli ' -Tti,'sci rwnttfwv t tx4 IseWpilS Sush and capital to render them pro uctiye. But, roUphoric&Uj scpak- ing, while the west bounds toward pros' perity the south stands still and starves. The difference that existed between the sections when one bad the invigorating influences of freedom and the other withered under the curse of slavery, ia as pronounced as ever. Immigrants still shun the south. Enterprise finds no home there. Capital seeks other fields. The west gets what it wants of all. The result is the repetition of an old story with this variation that wes tern development, agricultural and mineral, proceeds at a rate untnown hefore, and southern stagnation knows no change save that wrought by inevi table decay. There will be no marked improve ment at the south until its dominant class cease their upbraiding of the north and look amoDgdhemselves for th? causes of the prevailing poverty and depression. The Iiepifblican party does uqi aiveri tnc stream 01 immrgrauou, mscourage or ioster tne iears 01 cap uai. 1 ,iulc,ci luuucuuca uu iu i'iuuuvt i mese resuus are iraceaoio 10 mo mau ness and guilt of southern sectionalism and the part it plays fn public affairs. White labor would not go where slave labor was, and it will continue to avoid states where the colored laborer is denied the rights of a man. Foreign ers in search of a homo will not linger where freedom of opiniou does not ex ist, where law is a mockery and justice a myth, and where tlieir children must grow up uneducated. Men of enter- grow up prise u ...Ca.,a p , " states that move slowly an VT.f1 r? ?, ..7U?,:"...,, oacKwaru. adu ur an ium ius boulu 1 alone is responsible. Jy"epoTwrt)'ri? for most of its own misfortunes, and must cbanre its temper or the imnrove- ful, u crave8 WU1 De yet 'longer- ut- layeu. A GRAND PltOJECT. A Frenchman named Gamon, a first cousin wo suppose to M. Lesseps, is going to bridge the Atlantic ocean. This fellow spells his name with only one m, but nojdoubt it means the same of undue laxity succeeded, and destroy in French as if it were spelled with two,' edthe principlesof justice.! Thus we . . , , ane: credibly informed that, "as the It is to be a grand causeway across the mauneM of liome were insensibly pol- Atlantic ocean from4 Great Britain to iMlied, the criminal code of the decem- America. The average depth of the virs was abolished ty the humanity of filliup" above high water, will be about the accusers, witnesses and judges, and two miles and the length about 1,500 .miles. j The amount of dirt and stone that the work will consume, Mr. Gamon thinks will be only 12.0,000 cubic miles. To get the dirt he proposes to take all the island of Newfoundland. When this great work is finished, a railroad is to be put upon it with sixteen tracks of steel rails. The whole work to be under the charge of M. Lesseps. We feel.it our duty to caution Mr. Gamon, for he is almost as w ild about this project as his first cousin, M. Los seps, is about the Panama canal. : We caution him that he has not provided enough dirt and stone. We have made a carefui estimate and find, by an ac curate calculation, that, it would take the entire Alps, Mont Blanc and all, the Pyrenees, and a large portion of the Carpathian mountains on the Euro pean side,: si that there would be a comparatively level country . between Paris and liome. Gn this side of the water it would take all the White Mountains, the Careen Mountains, and a considerable part of the Appalachian rauge. This would iuvol vc a very great extinguishment of the right of eminent domain, a total upsetting of summer travel, and an entire obliteration of Fabyans, pranconia, the Catskills and the White Sulphur. To complete this great work in ten years, M. Gamon thinks that it is only necessary for all '-the nations hi' the world to turn, in theft eouvic.ts to do the work, or, what he thinks would be better, for all the nations to agree on. a peace for ten years and use for thus work their whole armies aud navies. When this great embankment is com pleted, and the Great Atlantic Railway also built pn it, with M. Lesseps as President, they propose to hold a Con gress of Engineers in San l-'rancisco to consult upou the subject of bridging the Pacific. In furtherance 'this last enterprise M. Ix-sst ps, it is rumored, already has engineers examining the Rocky Mountains with a view of ascer- taining the most judicious metluds of taking them down. Inasmuch as, the Pacific ocean is. in places four miles deep, we suggest that Mr. Gamon send a corps of engineers to .'examine the Cordilleras and the cot of moving them into the Pacific ocean ;in cue they 'should also be" needed. years go the entire? country hocked ' and financial panic ensued from the failure of the lanktug houe Jay Cookie A Co. The month of tMober, ISTH, marke.l the besinnin of the com mercial drpressiou which addfd so much fiubaopjently to the dttTiculties and embarrasaments attendant upon pecie leaumption. Mrev thru com manded .1) per cent .;4.y, vi.d ..4a not plenty at that. Tut the country has outlived cr lived Jj j Aii ;h:s trouble, and come out with rraeacd treo;th for the enj.ynieat of the mo uoexampled prosperity. Mi3ey i now lvanevl aa low a Vrrcfa: l"r aaauai. and within the ore or . t k twenty-nye or thirty uiLuo of p-ie aav ben received from ahruad in re turn far our manifold over t rwljct JUit the Tta:et bestSt to he derived frm thu retara ta proapentv riridf in th tact that iaram the dfa:hf Greea backitm. The llilUbv. bora o4' tu:ery Sad federal bua us;ka, u now teiiC choked t deUt tT ti U;.irk iitAtM of tie limn. 4 a ver hi. hrea s sriid Ut t& btv. tt Utt bat tey are abot ew4si 'ara wt frM nit Ts-it AV, J W a aaaa mtu to prrfi-rj tt 11 W taa li-at Laa ufJ oe eskwee ia h on TAL1IUDIC CltmiKAL JURIS-PKUDEJXCK. A lecture Delivered Under the Aus pices of the Iilsiorical and Scientific Society of Wilmington. BEV. 8. MENDELSOHN. Whatever differences of belief people may entertain regarding the "Total Depravity" dogma, all admit the liigu antiquity of crime. Every observant reader of history, sacred or profane, be comes impressed with the idea that crime is almost coeval with man; that no age and no nation, no country and no province, ever was or ever, will be wholly exempt from evil-doers: from bein'Ti committing acts offensive to both God and man. Were every human be ing allowed free scope in the exercise of hU noti(jna aud propensities; were ,here n( restrictive laW:J enacted against tlie dHlurtiUK of the peace of society, or in!it agression on -individual YighU, "one might swallow the other ai,ve.i. it erefore are laws from time to time adopted, declaring certain "rules ol actiou"2, of rinht and wrong of what may or may not be done; at the same time, as matter of course, providing modes of punishment for the violator of the social covenant Accordingly, the earliest laws were confessedly framed for the emergency; and, since they were enacted with spe cial reference to immediate occasions. lh partook ralher of blind popular :m,JU tha aa,,tfP& a-.. rat ou of lecis ative8om W must however not teimderstood to imply : . , k 1 u rvCTni mii: cany tans nric uitiaicu uj the will of the people. On the contrary, in the first stages of human develop ment, individuals were the law makers. But the legislators themselves were act- uated by the same influence that preju diced the popular mind. The conse quence was that excessive severity pre vailed, whiclrin the progress of time was meliorated, principally by the eva siou of those very.Iaws which have origi nally been enacted for the safety aud pesice of society. The contrary extreme iiupuuiiv ueuanie tue uonsequenco oi i mm jilt rate ligor.' o The same was the result of the bloody enactments of Draco, 1 ''who affixed the penally of death to all crimes alike the petty thefts, for instance, as well as to sacri lege and murder arid justified his ex treme harshness by saying, that small offenses deserved death, and that he knew no severer 'punishment for great ones.'" 5 . -The; codes of most civili.ed nations of the modem epoch are also very lib eral iii dispensing capital punishments. But we need not hold up as examples deserving universal condemnation, those which have tor their chief elements the decrees of the civil laws of lioTie the tables of the decemvirs, the Pandects "nd the Institutes, where sanguine ties potisin wielded the highrst authority. T;h code of England, in which the jKiblic legislation has, for centuries back, had a j.lep infusion of popular opinion,, was sjuwn to a comparatively recant d;ite extremely cruel and blood thirsty. BlaykstoncO' states that in Iub time, "among the variety of actions which men are daily liable to commit, no less thau o- hun lm d and tirty were l'1. "X act of parliament, to be fel onies wunoui oentnr 01 clergy; or, in Other words, to be worthy of instant death.' And if the criminal laws of the Uuitcd States are more lenient and humane, visiting with death only nine crimes; if the .criminal code of this Couutry be justly" held forth as an ex ample of extreme moderation, of the wise accommodation of the spirit of stern justice to the philanthropic views resultiug trom an advance of civiliza tion, we must not forget that the laws of this country are comparatively new; that thc-y carry within themselves the practical wisdom of tens of centuries: they are the very latest growth of civi lization. j Our curifuy '" then-fore becomes (ex- '-.,1 .i - . .-i i . iCiieu- oy .no system 01 laws oi iuc an cient llebrew-s the system of Talmudic laws, wh'ieh in an ue,of savagery and violence, of wars, -nd uncertainty; when among the surrounding nations "the life or dvath of a citizen as determined xwith less caution and delay than the most ordinary ijuetiou of coveuantor inheritance,"' 7 cnforcetl civil order, and secured the safety and pence of society by inildiiess and consideration, tempering justice with a love of hu mamJy. In our humble opinion, if the sys'em ol Te'ruudie l.iw4 does not de serve l. be taken, as the particular moilel of iityt or to become the gen rral tountaiu ut universal .legislation and jurisprudence; i certahnly docs de serve better treatment at the' hands of the critic lliau even the generality of moJer.1 writers are willing to accord to it.! The Chritiu world stigmatizes the laanudic system as crue', viadic Cive, sanguinarjj; but without ioa without atteinpiing ta find a reason. But e thall let t!i Talmud speak for itself.. V should pau-e here to gi re a sketch of the history and content of that gi gantic work which, were it translated into the vernacular. wiuhi by it If con stitute a considerable library; but time and circumstances bid u deal:. Wc shall therefore say but this: The term r.ttm is derived frosa the Hebrew ra dii M f. "to leatn," '. r, a (io ciJtitradilictin to the Mosaic wrinnjj CvnirUviu'y tj lul J "I.iv.'p iod i the evUectivr on- ihe M Tt i a ki:nl ol nccoa l Ian. r.Vrtj I xa 1 frf m-.r : , vlivuio3, cvaipsraeatvU jctrioe: i tU (a lit ! s anerin- t ruber. uic ia.ma.4 . ta me tail sene ol i-se f opb y. a c3ipr 1 ami ' vs " i . l. S. ii i s.t Kiu, " W43.iiiiiui, v mu Mai. lfc uwt Saw tv4. y ltaaa . wi i U..-J 1 ( tJ) I,. (!, MUrt W ( Uh,a trtJ.-A t rV" -- r'.ri isi 9 t t m, miv if nW,i UMmtm W Um ( H. vM4T3.rr(i M roU r r n f it iis tKu ia tt ia f ut IMI. ! UM tMMMi 4 bM, tortaw M t fsm x wt i- i4 ,Vf - - -.Wrft. , .-; I ll"46r - li.-mr 4 n ' Ui urta. te a.erawrejijf the socieot lie- JW. ewy cwmia th '. ali tr c r- t vaptui or oSy breas. Ii ireaU of reiKMs e.vilatd a;ca artJ-l tW trial asd ea- ! P -f r,i:. lie nlj ma,'. cnw.ua. a; cf Utr mathemabes I eitwa W ths Cfiainsl o4 that 4i- t l 59 4 the.ftal mod this work we refer oar bearers to our sketch thereof published in the "South AUantic";for July and August, 1S78. And now to our subject. :fr: r : --'- 1 Unir one hundred Tears ago and in the face of a constitutional government, we behold tha exeat institutional writer and commentator crying out i disgust against the cruelty and - inequality 01 the penal laws of lus people, lie ob- Jierves: "A multitude 01 sanguinary laws (besides the doubt that may be en tertained concerning the right ol ma king them) do" likewise prove a mani fest defect in the wisdom of the legis lative, or the strength of the exective power. It is a kind of auackery io eov- ernmeni, and . argues a want of solid skill, to apply the same universal rem edy, tho uliimum tuppactum, 10 every case of difficulty. " is, it must be owned, much ecukr to exterpatc than to amend mankind; yet that magistrate mu t be esteemed both a weak aryl a cruel surgeon, who cuts ofl every limb, which through ignorance or indolence he will not attempt to cure.8 These were Blackstone's views only one hundred years ag"; while the Tal mud, already two thousand years ago, stigmatized that Synhedrion (Synod, Coort) which condemned to death one human being in the course of seven years, as a murderous tribunal and It. Elaaxax considers it so, if it passes a sentence of death once in 'seventy years! IK Moreover,. Dr. Bl icks'orie ad vocates only the adoption of a scale of crimes and a . corresponding scale of penalties 10, but he nevertheless ap proves of capital punishment; while K. Tryphon and R.- Akiba declare that, bad tlf?been members of the Synhedrion, a '.sentence of death should never havo -4eeu passed ill lucse, however, are bnly views of individuals; let us compare facts. j ,' - We have just seen tint in England bnlv one hundred years ago. the differ ent offenses for the commission of each of which the highest penalty was in- nicted, numbered not less than one hundred and; sixty. Among the an cient Hebrews where idolatry, witch craft, human; sacrifices, blasphemy, false prophecy and other transgressions of a purely religious character, were considered capital crimes the ) entire number of captital offences amounted to only thirty-ixl2; or less than one fourth the number of offenses for which death was the punishment by the law of a constitutional government, in whien the people had voice and iulluence, and which had not to cope with the sirs oi idolatry and human immolation .and the like. . : . . We say that the number of 'capital of feiifes i.. the Talmud, inclusive of the several deadly sins of purely religious character, amount to thirty-six. On a proper classification of the several of fenses under their respective geueral headings, wc find only twelve, or less by six than were down to a very recent date in the code of North Carolina; aiid eschew ing from that number the Crimes of idolatry, witchcraft, blasphemy, vio lation of the Sabbath, false prophecy sins that are no longer ' counted among the capital offenses we find the number-of Crimes, according to too Tal nuidic laws, dwindle down to i;ijht, or one less than are on the code of tc United States ! Another proof of tho great liumarrity of Talmudic jurisprudence 'is this: Among the nations of antiquity wc fre nuently meet with tho rude system of retaliation (Its taJionh). The forfeit of an eye for eye, a j tooth for a tooth, a limb for a limb, was rigorously exacted by the Romans. 13. This inhuman and uuequal principle was abolished by the Rabbinical law, substituting a pecuniary equivalent. 14. ! In tho same manner the Talmud abolished the Mosaic law ordaining that the hand of a woman Committing a certain indecent act.lo, should be cut o"9?" by substituting a pecuniary fine. 1G. Above all and, most vividy is the clemency of the ancient Hebrew code manifested iu the rules by which the judges were to direct all proceedings against the accused. Imbued with the maxim, "Whosoever occasions the de struction of a sinle life in Israel, is as great a sinner as if he had destrtyed tUe, whole world; ami, on the other hand, whoso saves a single life in Is rael, is as meritorious as though he had saved the whole world," 17, the court laid every possible, but legitimate, ditlU culty in tne way to convictiou.' Almost every page iu that portion of the Tal mud treating of criminal ' law Ustilies that the Ilabbis truly aud conscienti ously believed in, and practiced ac cording to, their d-ctrine, "Whosoever compassionates a , fellow-Wing is com passionated by Heaven.' IS. I hey em ployed every legal means to arrive, at au acquittal of the prionr r, to save the ! .,. a t. : . . : . I ino oi iu utiiTg. it m irus:, wc mni admit occasionally greal nor was ex- , , .1 1 1 l- erased under the i!muJ:c dipensa- .i , . . Hoc. ror Instance, a man for the , r -, - , . simple sin of riding a mu.e on the i-ib- . 7 , . , - , bath, was once seutenced to be stnc-1 to death; another, for a 'gross violation ! of the laws! of modesty only, was pu - - S -.It it . a.." a 1 isnra wun u igeuauon. tsui such instances are al least vrrv rre in toe Talmud, if their equals W at all f und To our koowle-Ue thes arc the onlv.i be unable to check the spread of tia : when eximu? rigor alone cu!d hoe to etfecVa wboe ine rtfortnatioa in the manuers of the masses. 2 ! a general, however, the spirit o! Tlmudic crimi nal jari-pruJeuce is, if not teoding ttiv r! th ULal abolition nf nniLkl pwai-han-ni, certainly humvAeaa 1 coq- sidcrate. U fi5e reiag ta d ju:oe an- pus.i criaie. lh u.!jt evt deavor v av l til. ' ! ,. ,v,. t- pr.-At.-t .a cpeai ( uw i-a k "hat cxaa4 j Kaf Wa'ed 4nr. aal l xiel it ! tf -4h aactJ: iibranea." Ja ; !& tiUtmiat prpse la ea- i sans 15 WIti!HI i a ic rt sasfis.! , - : : m W 1 II MM-aa) l4w ' 1 1 M ...- nSmt tt. ' i ! ? - H 4, 4i i i r Hmw. it i v I "Hct-n-inm I If 4tl4lM4llk.au4lM4 u I . l4kMUI4 4. 1 M tk4. . ones -recorded; and they occur rj at ipit corjicai time when Ureciaa invasion had de- 'J"1 av uU9n .heret4 e mora'.ir-l the populace, when the au-1 J,'"cuU a" 1 "Y ' Ia ddi thorilv" of ths Srnhednon wmed io i "diy a jt u kw.i &cd, the ee. tw ol , ,.... ... -h, . .. . . 4 - 1 " . t a .,4. -i, -n v u (.rnrr aa s - wr s ait law. if not closely, at least candidly. I We shall consider " " I I. crimes and Their Punishments. I II. The Svnhedrion. III. The Trial. I IV. The Execution. M - :K I Each of these reneral divisions will, I of course, have to be subdiiidod under I before the execution of his evil i n ten special heads or sectionsr inasmuch -as I lions. 13 .-v there are different crimes and different I penalties, different courts and different I verdicts; liut while our aim snail 1 alwavs be to furnish a clear and correct I portraiture of our subiect. we shall en- I deavor to bo succinct, and not tax your J patience too much. 1. CRIMES ASl) Pf jSISDMESTS. I .St. li Crimea in Gcn rrtw. a per sou t acquairjfed with the hermeaeutives-1 exegetical rules, by the application of 1 i-h lha INh 1 nfn i n lllilhTMUI). UhM rvn rinti.ml .lieta new decisions all the I v vr. I varied situations of life; I a person familiar with the Talmidic readiness m mU . . "p ".'! ... . I might easily suppose that, in the lai- miid, there 'is no end tb the number of penal offenses. And, indeed, this idea receives confirmation aud strength when lparn that the Talmud discovers in the Bible six hundred and thirteen ordi- nances, "of which 3G5( (coi responding witli -li minihr of ilavH in the solar vftir r nrohihitiv. .dud th remain- j., - , . iog 248 (corresponding with Ihe num- er of members in the numan body) aro j ositive commabds" 2-each of which ; - - 1 no m.wr 1 striettv olwrrved. Still we mav justly Ideclare such an idea as unwarranted by the spirit of Talmuic jurisprudence The Kabbini- r,l law- inflict Punishment lor such traMS Tissions onlv as are accompanied I by physical action. 3 And as a law J two crimes are excluded: false testi mav bo violated in tw o manners, either I mony 17 and seduction to idolatry. IS by omission or commisiiou, by not doing that which ought to be done, or doing that hich outfit not to be done, it is cleariv een that, aecordinir to this I princi"p!t , tvo punishment- can be in- nicted for the Violation of any or all or the 21S positive Cumiiiands. and of a large number of thVlprohibitive ordi.- naiu-es, where no phVsical acti6n ac- companies the transgression. Thus more than one half the number of po- sible tran-irres-iions is! at oneo cut off from the penal-code oil the Talmud. vIn the remaining number there is airain a"These will be mentioned in the course ble tailing oil, owing to theJ6fOur enquiry regarding the crimes enactment ot a law exempting from eornoreal i-uniMiment the violation of such prohibitions, though accompanied bv phvsical action, as! either may be ad- justed by restitutiouTr''s stealing, rob- binjr; 4 cr that may be counteracted by a subsequent cfiiinjliance with the posi-J the comrnai.d concjerniitg the same case o. for liistaixre,- concerninR the removal from her nest ot the mother bird, the I'ib'.c contiaius a prohibitive, followed by a positive ordiuauce, v'l : " 1 hou shall irjl take the mother with her young ones,'' Uicn "Thou shalt surely let the mother go, and the young I thou inayest take ta thvself. " DeuU xxii. h i. .Now. if a mau happens to violate the prohibition by taking the mother-bird along wirh her young ones he otrht.to be pumalied as lor a viola- I imu ot a negative ordinance, accom- panied by an act, vel he is not puuished corporeally, but made to comply with the-; positive command, to send the mother ot!. tie. 2. G-iSfitf adopts all the condi ati,p Talmud ions ana provisos I under which the Maaic law punishes crime, l.'nle-vs the conscious of his cu criminal was lullr pable engagement, knowiriir at the tiniti of its commission that tlm deed was airainst the law, and his guiit was subt oi:ient!y provesl by at Iea.t two trutworili'v wune.v-es, lie was not ciipitallv i uni!hetl. Ihe Talmud also prescribes no piir.ishinent when the criminal acted uidtr constraint dures tar mni'f i. A peri son eoiniiutting an unlawful act, w lnle caritiol be c-judciu misdeed. The tear his wnl ii uot free, lied lo tilt; for his ol threatened death is a Milhcieut excuse, since th nil' tlie main object ol the holy awu Hie promotion of the good of societv, not its detriment; as. Scripture teaches, "Ve shall keep my statutes and my ordmauces, which ifainartdo, he .-hall live in them," i.l..cv. xvui, o) IroiU which the llabbis in lex trial no one is boil ri 1 (o tlic through t'irkt to imperil h count of tho. -n. 7 TbU arijUiiieni, ! i- existence on sc- i-ver, the Kabbis nipt one from pun I ii rase of blou i- did not apply lo es inhinent for miirib shed they oi l not Co;i ler uurefts as a good excuse. -When mice a heathen lord threatened o:j! ot his Jesrish sub jects with death, iff the latter should not murder a certain pr-on, and the Jew .applied to a lltbbi f .r relief from liia emi'arrarMnent, thb liabbi deidel that . ' . " in such car-- on? Bjul suiter uiiusell lo ior t: hi c tuoiu so.heinoua ; a,-( ni,h 3,;v: crrt;inlT I r,'k 1111 .1 .1- -i.i4 VOI41UI j . ; i, , ,,. . ' i i t w li :t ;i t t tile In t is p-.cied oi biouc i , . : i more red, more ;vritti'.-rati-, i.e., whict I -,-, , . L , of Hie i n. ;f the wortov icnMin - : . ' 1 h ace. N sr -i of lit. nil -ii-ritxi witij i-.i .-.j:.c. 1 be humanity iff the a.n-.u.it lliyJv, lhi-r antiou d j !rr JlXXt ,u,ntel proviso 1-'4. 11 us nf- 'eaer aboliMi I un.iinjrt.i, ren- xtremeiy Hon to Ihe Talmud re-j-j.-res a. pr minry warnin; ad ra iavoltiog life ci ia minor caaea. las n j. . i oae iu, asl drath.-s t 4; whrre ouly tijl ailn ihe peoaliy .. iiwrcvvrr, lie arning bad to be aU3toi'.crcJ ia;iuliale.y triar the wma.wn vt the critae. It. If aov ' tuvUad cla;J f Ut Cl iar'-' tietweea lh warning of th deed, ihs I Ci til ";l ta death, if i lh? :.a & w'm uoi atip. e taereol iu oiv a--.s-- bad ? u rr ?' 1 i--'-e rt-9,rrt6w: tv . e -.iu? ;a t;ni o ta CMB i iTI t4t---fcl !.u-; avfji.' i)e ! cf ii K&Ur f'-J f :f ac 04 tt.tf. K 4.-4,t s 0 w . ... '' Wfc. 44 X s-.i. i 11 :... st ' . s. i aLak4MM4. " nocxeutat: 12) while lie T&lmaJ al- Iowa of conviction only when tho orimi- nal was not Irnorant even of tne Might est point of law. Even tho scholar. who presumably knew the law, was ro quired to be reminded of it Immediately This proviso operated aiso in anotner direction : it served the judge as a guide in passing sentence over sggravaiea Iransrressions. Tho court is often em- bairassed when called upon to decide a case of uninterrupted and repeated vio lation of any one law, wnetner we culprit is cum v of one conunuea 01 mum Ittrtlrhrm. mfdinHatm. Ot of SV I .1 : r .1 - v;.i (.uuia mmv . reUeratnm). Of course in capital crimes this problem meets, with a very easy BUIUUOD ; IU CnmilU HHUVI W tV" cuted more than once even for different crimes (only when one is duly convicted , . . 1 a- 01 iwo or nwre uiowm cpii fucu, the Talmud ordains that he should suffer the hardest death 14,1 but in l- i ii ca auujcci umj w cwruir Fut..- ment, the question u very imporUnt. Let us illnstrate this : According U the lw, a Nazerite is punished with flagel- lauon ior arinting wnaia .juaumj of wine. 15 . Ibo quesUon now arises whether, if he dnnss aeverai measures one after another, be is to be punished for each drink seiarately, as for so ,. r many separai wmuuuwi Tiunuu ism his vow, or only once for all ? and the warning decides the question. If before 1 I'll 1 . . : leach drink he was warned not to in- ulge, be is subject to punishnrvent tot f offense "Ptely. Wut when Jo. . -, h Whipped only ouce. 10 From the benefit of this proviso only The first because the nature of the crime admits of no forewarning, no person present knowing beforehand that the witness would depose a falsehood, and the last on account of the noxiousness of the crime ltseu. Jo otner criminal could be convicted unless this I prelimi- nary requirement, the warning io all its various particular?, bad been duly com plied with. There are several other prerequisites, without a strict Compliance with which no conviction could he brourht about themselves and their punishments, on which we snail DOW enter Ser. 3. cViwr ona rumshmentt. The maxiai that ik aosurd and impolitic to spply the same punishment to crimes of dillerent malignity K. which tho great commentator of Common Iaw so ably and truthfully advocated only ene century sgo, nas eariy oeen recognimi and acted upon in dalmudic junspru dencc. Net only is there in the llab biuical laws a well drawn scale Vf crimes and punishments the latter ranging be'.ween tligellatioa, bantdi- ment, imprisonment and death ; but in the mode, of capital punishment itself there is a gradation commensurate with the banefulness of.lhe crime, as will be showu hereafter. At this juncture we will take a eenerxl view of ihe various crimes and their punishments, Wgm- ning with the lowest. 1. I'hgtllotion isadministered to three kinds of criminals: 1. To such.as vio late any one of lbs prohibitive ordi nances punishable, according Jo the I t I 4.... uw, mui r.unwn, uui iu nuicu no capitl punishment at the j instance UI uumau iriuunai is aiuicnei. v 2. To the transgressor of a "negative precepi, to wuom me inuie predict dtln before his time. 21. 3. For the vioiauon oi any negative precept, wucn I accoropanieu oy a ppMiuve acu. lime will not permit us to enumerate the different offenses coming under lhei three heads. Maimooides baa carefully counted Ibem; and furnishes a total of two hundred and seven. ?3 2. IlanUAmrnl is the penalty ot acci dental homicide (homiridr rr wner i'urui.(ii.)2l Thie punishment, however, is not imposed on the unfortunate cul prit, unlrs his victim dies immediately alVr the occurrence of the accident. Z't H. IiHprifonmrnt is the punishment of five different offenders: 1. Of murderers whose crime cannot be duty proved ia the manner required for conviction t death. 2J 2. Ol instigators to murder as bavinjc the act cominiltel by a hire ling's hands. ?7 3. Of accessories to low of life, f. i., when several ieron club one to death 2$, or when one causes the death ol another by deliver ing him to bo devoured by wild beaats. 4. Of persons who. sfter hsving been twice punubed with ftagel. lation for one and the same tranogre ion, commit a third time 30. ' Of the incorigibU who did not verbally acknowledge the warning adminitteml to him oo three different occasion, prior lo so many commiiMioaa of one and the same offense for which, by the Mosaic law, he is puniahable with es ciion, but in which cse. flafjel lation cannot b id Hilled on him. St We ars now brought to the contiderr anion of the most Imporlaot part of thi CbspteriH.i' crimes. It ha already been Uud that ih Talmud puntahes thirty-sis different otfrnars with dewtk; now we shall e which crimes taw are, trnj by what mod t f dslh Ihey ars puaubed. TbeTaimud prevenbr tour ditTcrrol capital paoUhmeota. They are; eUu lag. 6 bumiof , r decspiuUoo, d Strang Uog 21 Tb first of tW, ia the opi. ion of tW Rabbi, U the everr!. Ike laat the mUdcst. Ualmooides3 troops alt capital crimes togvlter ooder tho headifig of their rvpmiv pwaUhmoU, aod k arraogemewl a&aJl follow. AH crimes, foe tho eoaaMss of ch of which tho cnlprit, after da Uud ana roovicuo), im to b 0 death, are eightsww ta ess-W. 1 enn iaal rmsserco UH ku ca ssotke. t, wuk his 4j-SBodf: 5, witk b daaghtrr-ia Uw. 4, with a UtrotUd rp; 5. odsy, C, Wastiaiitf; 7. a msa prartkiag IwaMialily. bU tlmj: t. t4dairy. 19. asmfkiag ki owa cittUrrw Ut U.tho xck ayw; 12, tk aicart; lasiigaliag lavirtfiaa' itacy, tt iadaos coasmwaitfcf ta sp4ausr, IS, tko kS. mM totakilM m III 44 4,b . . ! SM.4a a44.S kt44. ltlalMM4toaM4 44n.T 90 m aa4Wa km ma .j s W4IB41 . im mrf pmnm I . 1 tr -m-rt - --1 , i M4 .M.. 44 4-4. M Jt E I S4,4.4,-il-S M Ut ' " I . as Ot, . w t.,-n(T i 17. cursing a parent,5o; 13, the "priijAl son." - - -.. . . ' . 6 Those punished by banting are ten in number: 1, a priest's daughter com mitting cdultery; 2, copulation with . one's own daughter; 3, with one's own, daughter's daughter; 4, with one's own son's daughter; j&, with his step-daugh-ter; C, with a step-daughter's daughter; 7, with a step-son's daughter; 8, with mother in-law; JO, with her mother; lo. with a father tin-law's mother. Thr . nine cases ot incest thus emimeratal are punishable frith burning, only when committed during the life'of the crimi nal's wife; otherwise they are punUh! : as for adultery. o(J c With decujiiliUion only two crimes are punished : 1, murder; 2, tht- uicm bets of an entire community that apo. tatitesl from Judaism and joinctl pavaa worship.;', j .- cl Finally, si jr. crimes were puuilut -by ttraagulotioh 1, adultery; 2, bruls ing a parent; kidnapping; 4, malad ininitration (the "Rebellious Elder'); &, false prophejry; 6, prophesying io the name of a heathen deity. All capital crimes thus enumerated, ; if cat gorizd according lo their difl.r- -ent natures, Will appear as follows : a adultery 'A, t -beast iality 2, r blasphemy 1, idolatry "i r incest 12, kidnapping ,g maladministration 1, A murder 1, i sodomy I, jf violatious of filial duty 3, 1 violauoa 1. 1 thebabbath I, I w iter aft 3. Of these loiirlcatcgories, c, , Jt omJ t numbering twelve olfenses, contain such crimes as mere immediately offend God, lor tuey an ui ino main iransgresstona against revealed rtligiou. The remain-. ing eight cjasscs," with twenty-four crimes, are inore immediately repug. nanl to mat universal law oi society, wnich regulates the mutual intetcourW : between man and man, and which u established for the safety and peace tf individuals and communities. V - . ' As a matter of history it dierves iu be, remarked that Ihe aposlacy .f a Jewish coiutjnunity, in the sense id Tal- ' mudic Jurirudeuce, aud lh execution ol a "prodigal son," the Talmud a serts 37, didinever occur, and, as an uii- usual and wouderful event, 11. Jonaih.-tn relates his having met with the t-niain of both, tn's king pf the law con- 'Ce rning lha prodigaLsdn, 11. Sinioti,re- m.irksv "Is it probable that, becau-e a ' young man Consuncs a certain quantity ' of meat arid Italian wine, huvf.tther aud his : inolher for it' r quires the joint accusation of both his parents io subject hini to punishment 3S would cause him t be stoned lo death ? Thia t never did and never will occur V And as regards the raring of a city the ia- habitants of which spogtaiii this, uQt says the liabbi, is an utter iuip Mil iiiir to come lo pass. The same is the ease -with witchcraft, it least so Prof. tiraet informs us.S'.i Gnly one occurrence of that kind since the days of King Saul tsrecorded in the Talmud 40, and the account thereof; the learned hiltian declare to bo defective. Sf. . Jm '-. The capital ci itue of inout frtuent occurrence wem to h4c " Uecn that' ol homicide, fct us mt h' it wa dt!pMHl of iinvlt r tluv Talmudic ilisjrnation. . - We have already n-en that. acr'iJ ing to the Talmudic jurisprudence, 1.0 wulence of death could be parsed uti!4-iw certain cocililiona had bet ri ou'v row plied with. Iu order to b? t-uhjevt lo capital r corporeal punishment, tie Talmud rep:iired. oi.c man alone must have comnii;tfd the crime. II. 'Accord ii'S'y. '"hm several nirn clubVd one t,o death, neither of them' could be capitally punished, li Hut, on tho other hand, if a number of men throw t tunes at t one, the :ie and wt tjrht of neither ol which ltcinj; "4ufiiv.ieiil t kill him, n.i 1. then one l.urla a uiisil tho bulk t( which il tullicirut !.o kljl, lite Vant'oue i rripoiiibie with hi life for lhat ! the victim. -n Again, if one wilfully ami tn.ilKiou!y puhr another into the fire or water, (rum which the victim could eai!y r-aps; Ihe former1 i. -not. capitally iiis.niiH for Ue latter' death; but if thtte be no clianco of cscajK-, ihe culprit i icsHiiible. II Taimudic law talcs i,,, acrount, regards capital ptiiibhm-tit. of si cm - rics to nnirdrr. .The .person Wtn t !.-, immediate cii.-e of the hs of if- h' slone . anwrrable witti In lite, i hu if one hire another lo kill ' al J:: a m, the -hireling i rwpousiblc with hit lib, if he ce-itca bi ncfareous plrkiin. i' Yet it muni not W ruptc-4. that mui der in any "hap esjubl le rotnmiii'd wilh impunilT, far from it AH V l the Talmu 1 aimed af: er w a the ar-sd. ance oY capital puuibmntf tm hi e. ,u cndeavy.M t-j prolryt , lif by t th means.. The murdcrrni 'whom capita! punUhmtsr.t could not frach jatihb"e and acvilcutal hotCtcide a rjU ! were inpri..ntd. it. la a'l l capilil tfm, when U, rj th Ju---s tuuad the acci;cl guilty, be cc cotcd," if nt, if the .rghtc', pn'iiic nary icjuirenivri f r cv'ot iclioii 1 i not Wen duly roiupitsl with, t acwjuittcd and 1 at itWitT. In mvt 'et, car, howtTrrlhev Wrot Uitbrt asl with more n,-' r. S'Loni iUff I -f ocxiorc-d the io of lic w 4 r cs. ; J 'fiora-furlhet a'.r.ur bj Iwrtug. tr p'lvcd of hu ftftrlotn. K I V-,:o. VriM Im-i rfi-ii-Q - Jk.f.rfc j -J ? et-raiog any farther, wc oaM ts:u. M t JlLf nifcjsi ia-JtUb.e dUf sod thU w may d, i V!ie aul . out ! of Us,-. Accvrdto Ij u Talmud, ail per Kb I ttb o ' lodKtable for crie, t tcfH iUjIi 4 mioora. H The lua'cli;, L J Ifaqr !-;. rit ,. H'4.- it.-i . . . I IJ NkROl . 'M4S34 it Sl!5fc 4il-. kls.. Ml.4 w 11 AV; u 1 S44fcdl44 H.i.4-Jm, 11 A4-4C . a, ti s44 -s . I' Kwrt I . f. MM l. MtiMM, 1VU S3 iW, 1 kmrmH',M,jni Uft.4...' It U 4 u- I Ji('U'.- ttmimrmim ;4 .4 J ' - Mi94 rt 4 ... M444M. ,M.f IT ; . jS kftSSMI i. ' ' . IV4 , - -4te-i.S.r ; U-.tM- -a i, ' a &m t,t. M 4- . m mA , . ' 14 S4 K mmtttm mtmJm. W)fc444v t M H c, (, "-a M tvifcnw 44 ., 1 avSd !. OidfcJli... .,.4f, vet ,'m , ,,r. fu, f - -'S.4- tit -4 -4i mm0 ,tt 4M IU M4V . M .4---.-4 M.fci i "!r W fc. H I4. Ill u, a. K Hli4. -i 1 !. t,.444. If -'Ki4t4 - - U4.W4 444 ,,j f, .-T, . .( ;' ii, .w,it 4 f Z.tnt ftt 4 4.4. 14 S S444 tft, ii Sb-,,-h I . ltJ. 4! K4.4-W4 a. Mv,. HaiJW-4. tw 4 K a itv.4 UHK St4k .44. H firlw4 - 4.44 14 4 S.-.a. 4-. K, 4ttsfitt'f$- t tkts3 -rt- tu.. 4.. 1,.
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 12, 1879, edition 1
2
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