The PRESIDENT, The gentleman from Caro-
line (Mr. Todd) had the right to read from
the Scripture, and of course every gentleman
has a right to put his own interpretation
upon it. The Chair cannot restrain the dis-
cussion unless it takes the form of personality.
Mr. PUGH. That was the point; it was a
personal discussion.
Mr. CLARKE. I considered myself at liberty
to refer to it, as the gentleman himself said
that was his profession.
Mr. TODD. I made no reference to it.
Mr. STOCKBRIDGE. The profession of gen-
tlemen is not relevant to the subject before
the Convention.
Mr. CLARKE. I was referring to his pecu-
liar knowledge of the Bible.
The PRESIDENT. The gentleman from Prince
George's (Mr. Clarke) car. proceed in order,
There must be no personal allusions.
Mr. CLARKE. I turn to the 18th chapter of
Ezekiel in reply to the commentaries which
the gentleman has cited with regard to the
punishment of treason, and visiting the sins
of the fathers upon the children :
" 2. What mean ye that ye use this proverb
concerning the land of Israel, saying, the
fathers have eaten sour grapes, and the chil-
dren's teeth are set on edge?
"3. As I live, saith the Lord God, ye shall
not have occasion any more to use this pro-
verb in Israel.
"4. Behold all souls are mine; as the soul
of the father, so also the soul of the son is
mine: the soul that sinneth it shall die.
" 5. But if a man be just, and do that
which is lawful and right;
"6. And hath not eaten upon the moun-
tains, neither hath lifted up his eyes to the
idols of the house of Israel, &c.
"9. Hath walked in my statutes, and hath
kept my judgments to deal truly; he is just,
he shall surely live, saith the Lord God.
"10. If he beget a son that is a robber, a
shedder of blood, and that doeth the like to
any one of these things," &c,
" 13. Shall he then live? he shall not live :
he hath done all these abominations; he shall
surely die; his blood shall be upon him.
" 14. Now, lo, if he beget a son, that seeth
all his father's sins which he hath done, and
considereth, and doeth not such like,
" 15. That hath not eaten upon the moun-
tains, neither hath lifted up his eyes to the
idols of the house of Israel," &c.
"17. He shall not die for the iniquity of
his father, he shall surely live.
"18. As for his father, because he cruelly
oppressed, spoiled his brother by violence,
and did that which is not good among his
people, lo, even he shall die in his iniquity.
" 19. Yet say ye, why? doth not the son
bear the iniquity of the father? When the
son hath done that which is lawful and right,
and hath kept all my statutes, and hath done
them, 'be shall surely live. |
"20. The soul that sinneth, it shall die.
The son shall not bear the iniquity of the
father, neither shall the fattier Dear the ini-
quity of the son: the righteousness of the
righteous shall be upon him, and the wicked-
ness of the wicked shall be upon him."
1 will simply let Scripture speak in its
own eloquent language, without adding one
word.
Mr. CUSHING. I want to bring back the
discussion, if possible, to the amendment
that is before the Convention from the wide
range it has taken this morning. We have
listened to the words of the prophet rendered
in a voice so sweet that one would almost
suppose that the voice of Ezekiel himself was
sounding. But I have been unable to see
how in the slightest degree it had any bear-
ing upon the amendment before the Conven-
tion.
Mr. ClARKK. I was only replying to the
Scriptural interpretation of the gentleman
from Caroline, (Mr. Todd.)
Mr. TODD. I intended to have myself in-
troduced the same passage of Scripture that
the gentlemen read, but thought it was not
proper to do so. I could show very clearly
that it hais no reference whatever to the pre-
sent state, but only to the future; certainly
no reference to treason.
Mr. CUSHING resumed. Whatever may be
our opinions upon that, there seems to be no
difference of opinion here, that to take away
a man's life for treason is the just and pro-
per punishment of his treasonable acts. 1
think we forget that we are here to legislate
and not to advocate. The whole tenor of the
debate among the gentlemen opposed to the
introduction of this amendment has been that
of advocates appealing to mercy, forgetting
justice. The object of this penalty for trea-
son, is justice and not mercy. Justice is the
duty of the lawmaker. To appeal for mercy
for the suffering wife and children is the part
of the advocate, before the jury and the
court, and not properly introduced before
the Convention in considering the penalty
proper to be attached to treasonable acts.
Gentlemen argue here, as if appealing to a
jury, rather than as arguing before a Consti-
tutional Convention.
If to take a man's life is not too hard, does
it make it any harder to take that away all
of which he would give for his life? Is it
any harder to take away from the rich man's
children his property, than to take away
from the poor man's.children the life that is
giving them bread? Gentlemen seem to for-
get that in most cases of treason, which may
be tried, life and bread go together. The
cases where there may be any large property
will be but few; but in the bulk of the cases,
the life and subsistence of the family will de-
pend on the life of the man convicted cof trea-
son; and by taking away that life, you take
away the support of his family. |
