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4 HENRY M. TUCKER, Editor TO SA \'E LIFE. Considerations which will appear before we close this article have induc ed us to believe that we can accom plish a good purpose by setting forth some things involved in the law of murder. This law is substantially the same in all the States, and indeed in all the civilized countries of the world. We give it verbatim as we nd it in the Code of Georgia: “Murder is the unlawful killing of a human being, in the peace of the State, by a person of sotmd memory and discretion, with malice aforethought, either expressed or implied.” What killing is unlawful? Any killing is unlawful which is not either authorized or permitted by law, or which when authorized by law, is done in a manner, or ata time, not prescrib ed by law. For example : The sheriff is ordered by the proper authority to execute a man on a certain day; if the execution takes place before that day, the sheriff is guilty of murder, for he acts without authority. Until the day appointed by the court, the life of a man under sentence of death is as sa cred as that of any other man. The sheriff is usually ordered to execute a condemned man between the hours of ten in the morning and two in the af ternoon. If he executes the man one minute before ten o’clock on the day specified, he is guilty of murder. The man has a right to every moment of his life until the hour specified by the court; to put him to death before that hour is an “unlawful killing.” If any 'Other person than the sheriff or some one deputized by him for that special purpose, or some one otherwise appoint ed by law, should execute the man, the person so doing is guilty of murder, for he is doing what he has no legal authority to do, and the killing is there fore unlawful. But nothing of what has been said applies to cases where death may ensue from lawful efforts to prevent escape. There are grades of unlawful homi cide below murder, to-wit: manslaugh ter, voluntary and involuntary; but all cases of unlawful homicide are con trolled by the same general principles. It is indeed a mere truism, yet it seems to be necessary to say, that the least violation of law, or the least disregard of law, makes an act unlawful, and if the act is a homicide, it comes under the head of one or the other of the three grades of crime above named. One may be a principal of the first, or of the second degree, in crime. He who actually commits the unlawful deed is principal in the first degree; any one who aids or abets is a princi pal in the second degree; but the guilt is the same with both, and so is the penalty. There may be two or more persons guilty as principals, either in the first degree, or in the second. If a thousand persons are aiding and abet ting while one man commits a mur- der, each one of the thousand is a principal in the second degree, and in curs exactly the same guilt and the same penalty as the man who alone did the killing. I here are two classes of accessories; accessories before the fact, and acces sories after the fact. An accessory before the fact is one, who being ab sent at the time of the crime commit ted, doth yet procure, counsel, or com mand another to commit a crime. The guilt of such an accessory is the same as that of him who committed the crime and so is the penalty. An accessory after the fact is one “who after a full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, as sists, or protects, the person charged with, or convicted of crime.” These are the words of the code, but the lan guage is loose; for one is really an ac cessory if knowing of the crime, he harbors, assists, or protects the crimi nal, whether the latter has been charg ed with the deed or not. An accessory after the fact is punished, not as the principal, as is an accessory before the fact, but by fine or imprisonment, or both. An accessory either before or after the fact may be convicted and punish ed, even if the principal actor in the crime has in any way escaped the law. Having said this much, which, ex cepting our illustrations, is little else than a reprint, in substance, of a part of the penal code of Georgia, let us look at some moral principles derived from a code of higher authority than any devised by man. What relation does a juror sustain to a crime, when he who committed it has escaped the penalty of the law, by the unfaithful ness of that juror to his sworn obliga tion? Has he not “protected” the Does he not thereby share his guilt? If the crime be one of homicide, is not the blood of the slaughtered man on the hands, and head, and heart, of that juror? True, he is not indictable, and the law of man cannot take hold on him ; but he may be sure his sin will find him out, and that the law of God will hold him to account. He has incur red a double guilt: 1. The guilt of the criminal whom he has “protected;" 2. The guilt of vio- THE CHRISTIAN INDEX AND SOUTH-WESTERN BAPTIST: THURSDAY, NOVEMBER 3, 1881. lating his own oath. Morally, he is an “accessory after the factand mor rally is as guilty as an “accessory be fore the fact,” or as the principal him self ; he has adopted the crime and made it his own ; and has superadded the crime of perjury besides; not such perjury indeed, as human law can reach, but such as cannot escape the eye of God. It is a fearful thing for a juror to find a verdict of “Not guilty,” when the evidence sustains the charge. Men pacify their consciences by refer ring to the law which gives to the criminal the benefit of a “reasonable doubt.” The word reasonable is hard to define in language, but its meaning is clear enough as an object of thought; and the use of the word, as an excuse for protecting criminals, is a mere sub terfuge. There is no reasonable doubt, that jurors often commit, what in the sight of God is perjury, in the acquit tal of guilty men. Look at the Cash case in South Carolina where intention al, deliberate, and malicious killing was admitted, and where the jury nev ertheless found a verdict of “Not guil ty I” Did twelve men ever conspire to commit, in a moral sense, a more atro cious crime! Witness the Buford case in Kentucky where a diabolical wretch shot down a judge on account of a ju dicial act, and was deliberately turned loose on the community by twelve men as God-defying as himself. There was twelve times as much guilt in the jury-box as in the prisoner’s cage. More recently, a ca°e occurred in Pennsylvania, we believe, where a jury, anxious to perjure themselves, asked the court to explain to them the dif ference between murder in the first de gree, and murder in the second degree; and when the prisoner himself, more honorable than his jurors, rose in his shackles, and casting their disgrace in their teeth, said, “May it please the Court, this is no case of murder in the second degree, it is murder in the first degree ; I killed the man in cold blood, I did it deliberately and I did it with malice; lam guilty, and I ought to be hanged.” The Court wasted no time in explanations, and the coward ly jurors sneaked off to their room, forced to do their duty by the mur derer himself, more worthy of respect on the gallows, than they in their homes. What is the relation of a juror to future crimes, that may be committed by a criminal, who escapes the just penalty of his deeds by the unfaithful ness of that juror? A case occurred within the knowledge of a member of our editorial staff, where a man was proved, beyond all doubt, reasonable or unreasonable, to have committed a murder, as horrible as any since the days of Cain and Abel, and where the jury, instead of finding him guilty of that crime, found him guilty (despite their oaths) of a lower grade of homi cide, and the man was sent to the penitentiary for a term of years. In a short time he escaped, and in effect ing his escape, murdered two men! He has never been re-captured, and now that he “has his hand in,” he may murder others, if he has not done so already. On whose head is the blood of the two men known to have been murdered? Legally, only one was guilty, but morally, were there not thirteen men concerned in it? But for the shameless act of the twelve jurors, the two murdered men might be living to-day; there were virtually twelve “accessories before the fact.” Human law cannot seize them and drag them to justice; nay, they are sheltered behind the protection of that very law whose majesty they desecrated; but the voice of the blood of the two murdered men cries unto God from the ground. “Respectable men” they may be called while they are here, but before the most holy law of God they are but fugitives and vag abonds. When a juror, by his unfaithful verdict, has allowed the guilty to es cape, what is the relation of that juror to future crimes committed by other men, who commit lawless deeds because they see that law is not en forced? The unjust escape of one murder may prepare the way for many other murders. Who is responsible for these murders? Technically, those who committed them, and none oth ers except joint principals and acces sories ; morally, all who had any hand in what led to them. What led to them? The fact that faithless juries make it possible for crime to be com mitted with impunity! To remove the penalties of crime is to encourage crime; and to encourage crime is to commit crime; and a false verdict, in case of crime, is the ne plus ultra of all crimes, for it actually gives the sanction of law to that which law sternly condemns; and in addition, it carries perjury with it; it abolishes moral distinctions, putting wrong on a level with right; it inculcates the moral code of the pit; it reverses the aims both of justice and of mercy; with the pretense of humanity, it is inhuman ; it upturns the foundations of the whole social fabric; it contains within itself the seeds of all possible vices. What ia tl e relation of a faithless juror to human law? He is its ene my ;he emasculates it; he commits mayhem on it; he deprives it of its power of defence; nay, he makes a deadly assault upon it, for law without penalty is no law; he stabs it to the heart. What is his relation to his countiy? He is a traitor. To society? He makes war upon it. To murderers and other felons? He is their com panion in guilt. To the Evil One? He is his ally. To God? We leave him in the hands of his Judge! It has given us excessive pain to write this dreadful article; but we have done it from a sense of duty. It amounts to a proverb, that it is almost impossible, in any part of the United States, to enforce the laws against the highest crimes. Murders, in this civi lized country, have actually become common; executions are rare. Let it be known that the penalty will cer tainly be inflicted, and executions will be even more rare than they are now. because there will be far less oc casion for them, and hundreds of hu man lives will be saved every year. The fault is chiefly with the juries; and it is time for the religious press, at least, to lift up its voice and cry aloud and spare not. We have done our duty. The phraseology of criminal law is different in different States, but the things described, and the principles applied to them, are the same in all. We have used, for the most part, the language found in the penal code of Georgia. An Objection.—Mark 15 :45 in the common version of the New Testament reads as follows: “And when he knew it of the Centurion, he gave the body to Joseph.” The New Version reads thus : “And when he learned it of the Centurion, he granted the corpse to Joseph.” Objection is raised, that the change was unnecessary, because the word body means the same as the word corpse. Our reply is, that the two words have not the same meaning. The former word means, sometimes, a living body and sometimes a dead one; the latter word never means anything else than a dead body. True, the con text often shows that the word body is used to mean a dead body, but the word corpse is sufficient in itself, and requires no aid from the context; it is hence a stronger word ; -and its use makes con spicuous the essential fact,that Jesus was dead and when he rose,his resurrection was not from a state of coma, but from death. On this fact hangs our salva tion. We are glad to have the word which brings out the sense most fully. We are all the better satisfied that with because the Greek sustains,and in deed requires it. In our ordinary Greek Testaments, the word rendered body is soma; and this word like our word body may mean either a living body or a dead one. But in the most approved Gieek reading the word is ptrima, and this, like the word corpse, means noth ing but a dead body. With this text before them, the revisers could not have done otherwise than to translate the Greek, by the word corpse. Hence whether it “sounds right” to our ears is neither here nor there. It is what the evangelist wrote. We close with an inquiry : Ought the Scriptures to be adapted to our ears, or ought our ears to be adapted to the Scriptures? So Soon?-—A correspondent of the Watchman classes Jefferson Davis with Benedict Arnold, and Judas Iscariot. Is this done to cement the brotherhood so much spoken of in the last three or four months? We affectionately counsel our brother, who has spoken un advisedly with his pen, not to say any thing which is calculated to “sow dis cord among brethren.” A More Excellent Way.—-The correspondent of the Watchman above referred to is supposed to be a religious man—a man full of the spirit of Jesus. Gov. Bigelow, of Connecticut, shows him a more excellent way, in a speech which he recently made in Charleston, S. C. “There is one thing that is be yond all question. The State of Con necticut will ever cherish the State of South Carolina in the sisterhood of States, and will never forget the broth erhood of the men of South Carolina [Loud cheering.] The people of Charleston and South Carolina have given us a warm and hearty welcome. I do not know what could have been done which has not been done to make our visit here with you one of unalloy ed pleasure. [Applause.] I only hope that the time is not far distant when we may receive a delegation from South Carolina in Connecticut, that we may upon our own soil reciprocate the many kindnesses we have on this vis it received at your hands. [Loud ap plause.] The only comment we have to make is this; “Blessed are the peace makers, for they shall be called the children of God.” We are not to contend for certain doc trines to the neglect or exclusion of others. We are to contend for all. So says the Western Recorder and so say we. The trouble is, that some of our brethren do not contend for all. They have certain pet doctrines which they preach up with zeal and ability, while they pass lightly over certain other doctrines quite as important as their pets, and sometimes vastly more so. The rule should be to preach every doctrine of God’s word, and to give to each the relative prominence which it has in the inspired record ; neither less nor more. This and this only, is rightly dividing the word of truth. The Leaders of Advanced Thought have just re-discovered some fossils two or three thousand years old which have often been discovered before, and they are now trying to get out patents for them as inventions. GLIMPSES AND HINTS. The London Baptist mentions the recent baptism of “ Rev. R. W. Dux bury, a gentleman well known through out England as a lecturer under the auspices of the United Kingdom Alli ance, and a preacher with the Primi tive Methodist body.” At a recent quarterly meeting of the London Baptist Association, it was ascertained that “ a narrow majority of the members had not used the Re vised New Testament in church at all, a considerable number used it occa sionally, and five or six used it con stantly.” Rev. C. R. Hendrickson, D. D., pas tor of the Baptist church at Jackson, Tenn., died, Friday, Oct. 21st. He was a man of power. Rev. J. Jumper, who resigned the chieftaincy of the Seminoles to become the missionary of the Western Asso ciation, Georgia, to that tribe, has been succeeded by Alligator, who is also a Baptist minister. According to Rabbi Isaac M. Wise, President of the Hebrew Union Col lege, Cincinnati, the baptism of John was “a bathing in the Jordan.” Rev. A. J. Frost and Rev. G. S. Ab bott, representatives of the two wings of Jhe Baptist denomination in Cali fornia, send East a telegram that the Baptists of the State “ have struck hands and hearts for Christ’s sake.” Kallochism is purged away, and peace and unity take its place. A Foreign Mission Convention is to be held by the colored Baptists of the South at Knoxville, Tenn., Nov. 23rd. Churches, Associations and Societies are invited to unite in it. A Massachusetts Baptist Association, this year, brought its entire ses sion, including the introductory ser mon, within the limits of a single day. Don’t patent this compress, but leave everybody free to use it. Brother Pruitt, a student in the Southern Baptist Theological Semi nary, aided by the North Georgia Gen eral Association, avowed, at the late session of the Hightower Association, his purpose to become a missionary to China. Hon. William Stickney, a Baptist of Washington. D. C., is dead, and not a little public spirit and liberality died with him. Rev. J. 11. Curry, a Baptist paster at Dallas, Texas, and well known to our Alabama readers, is reported as having written a novel. Ascensus Par nassi. The places licensed in London for the sale of strong drink, if ranged in a row, would extend a distance of sixty two miles. One of the King’s ministers in Swe den has been accustomed to chase away from his estate any tenant who became a Baptist or opened his house for Baptist religious meetings. But a letter of remonstrance from an hum ble country Baptist pastor has led to a cessation of this persecution. One Baptist has been elected to the nation al Diet. The Independent mentions, as a sur prising thing, “how little extempore speaking there was in the Methodist Ecumenical Conference. Few of the addresses were Junwritten, and a very large number even of the five minute speeches were read.” These things were especially true of the American delegates. At the Methodist Ecumenical Con ference, Dr. C. K. Marshall suggested the endowment of church newspapers as a wise measure. We incline to think that he has, in this case, insight as to what should be, and foresight as to what will be. “The History of the Christian Re ligion to the Year Two Hundred”—-a recent work by C. B. Waite—says: “That the form of baptism was by immersion, or at least by a washing of the whole body, must be the conclu sion from an impartial examination of the writings of the Ante-Nicene fath ers.” And again : “ Sprinkling with water was a [heathen] religious cere mony of much antiquity. This may in some degree account for the change of the form of Christian baptism from immersion tojsprinkling.” We accept the facts stated by this writer, but ob ject to his phraseology. Immersion was baptism itself, not merely “the form of baptism.” It was not “the form of Christian baptism,” it was Christian baptism, that was changed. In forty-seven years, the Presbyteri ans of Ireland have lost 156,853 in number, the Episcopalians 216,394, and the Romanists nearly 2,500,000. M. Rochefort, the French Commun ist, recently “initiated three children into the Order of Free Thought,” by what he calls “a civil baptism.” The Order of Free Thought is au infidel fraternity; and if it chooses to appro priate to itself a “baptism of children,” we cannot object; for what one set of men make, may not another set of men modify and use? In his speech on that occasion, M. Rochefort said that “tyrants could not be destroyed until the nations were liberated from superstition,” and that “the French would not have demolished the Bastile unless they had first overthrown Christ.” We thank him for the admis sion that the French Revolution, which was a “Reign of Terror,” was first a “Reign of Infidelity.” Being the one, it could not but become the other. The New York “Hour" says that an offer of SSOO a year is made to young men who, on trial, prove to be fitted for the work of propagating “the Gospel of Unbelief,” as expounded by “Saint Huxley, Saint Tyndall and Saint Her bert Spencer.” More and more, money is used in warfare against divine truth ; and the adherents of that truth must, in its defence, use money more and more. The Ritualistic movement in the Church of England, according to the historian Froude, had. for one of its ruling factors, vanity. Thinking highly of one’s self is a direct path to think ing lowly of God’s truth. Three dollars each was the average of contribution for religious purposes, last year, among the converts won to Christ by Methodist missionaries in North Ceylon. Are India and China to teach by example the law of Chris tian liberality to America? It is a Jesuit maxim : “Give us the schools, and we have the future.” Dr. Spalding.—Rev. A. T. Spalding, D. D., who for ten years has been pas tor of the Second Baptist church in this city, preached his farewell sermon on Sunday morning last. The weather was unpleasant, but notwithstanding this, the congregation was very large; under more propitious circumstances the house would not have held the people, and even as it was, the com modious assembly room of the church was so nearly full that only a few more could have been seated. The text selected for the occasion was 2. Cor. 13. 11. “Finally brethren farewell. Be perfect, be of good comfort, be of one mind, live in peace, and the God of love and peace shall be with you.” The separate points of the text, the advice, the counsel, and the promise, were discussed in the speaker’s usual flowing and agreeable style. A most attentive hearing was given, and kindly feelings and tender sympathies were excited in all. Our good brother carries with him the best wishes of his church and congregation for his suc cess and welfare in his new field of labor. We, of The Index, most cordi ally commend him to the affection and confidence of the flock to which he has been called as the under-shepherd. May God bless him, and make him a blessing. r Newnan Herald: Ebenezer church o by unanimous vote re-elected Rev. J. s B. S. Davis pastor for next year. This vote was not given merely as a compli ment but fully attests the cordial rela r tions between pastor and the member si ship. Mr. Davis is deservedly popular - as a preacher with the entire commu nity ; this is evident by the marked at tention paid to his earnest, impressive e sermons, by the ever increasing con gregations who come to hear him. The o confidence in him as a Christian, his [ lucid interpretations of the Scripture, give him a great influence for good, ( and it is the universal wish of the church and community that he con tinue as pastor. —A pleasant reunion was enjoyed ‘ last week by Rev. John F. Hillyer, M. 3 D., of Texas, aged 76 years, Judge Ju -1 nius Hillyer, of Decatur, Ga., aged 74 3 years, and Rev. Shaler G. Hillyer, D. ’ D., of Washington, Ga., aged 72 years. 3 These three brothers have outlived 5 their own generation—only ten of 1 their fellow-graduates in the State University .surviving; but the present ■ generation claims them for the effec tive work t]iey do in its behalf. Dr. J. i F. Hillyer, the oldest, is, perhaps, in personal appearance, the youngest, possessing a most unusual measure of elasticity and vigor for one on the verge of four-score. —Rev. S. P. Callaway has resigned the pastoral care of the Baptist church at West Point, and removed to La- Grange, where he has charge of the Reporter. It gives his many friends special pleasure to know that he has not given up the ministry, but on the contrary expects to proclaim the un searchable riches of Christ as long as possible. Mr. Callaway is one of the most pro found and eloquent ministers in the South—a thorough scholar, a forcible speaker, and a successful worker. He is admired and loved throughout the whole western section of the State. His work and influence have told on the people, and many stars will stud his crown in glory. —Waycross Reporter: We had the pleasure of a very pleasant and agree able visit, yesterday, from the Rev. Dr. Sylvanus Landrum, late pastor of the First Baptist church of Savannah, now soliciting contributions for mak ing Mercer University a free institu tion of learning, by first creating an endowment fund. This is indeed a laudable and philanthropic undertak ing, one that must at a glance com mend itself to every lover of the human race, and its elevation. We trust that he will meet with the most abundant ' success. Mercer is one of the grand- ' est institutions in all the land. —Rev. C. C. Willis, pastor of Be thesda Baptist church, Harris county, ' has tendered his resignation to take effect immediately. s Rev. Charles A. Stakely, pastor of the i Elberton church, has declined the call > to the pastorate of the Forsyth church. I ‘ GEORGIA BAPTIST NEWS. —The venerable Dr. J. F. Hillyer, of Texas, preached in the Decatur Bap tist church on the 23rd ult., from the text, “And the angels are the reapers.” Although 76 years old, Dr. Hillyer preached one of the ablest sermons preached there for years, full of unc tion and power. —Columbus Enquirer-Sun : Mr. W. F. Acee tendered his resignation as su perintendent of the First Baptist Sun day-school last Sabbath. This action is made necessary on account of his iff health. He has made an efficient officer, and the members regret very much that it becomes necessary for him to resign. —Rev. J. W. Fackler has resigned the pastorship of the Union Baptist church, Stewart county. —Mulberry Association, at its re cent session, appointed as the next place of meeting the church at He bron, five and a half miles north-east of Lawrenceville, in Gwinnett county, on Saturday before the first Sabbath in October next. Elected Rev. J. M. Davis to preach the introductory sermon, and Rev. G. L. Bagwell as alternate. Rev. W. H. Bridges to preach the missionary ser mon, and Rev. James Williams alter nate. Rev. F. H. Attaway to write the circular letter, and Rev. G. L. Bag well alternate. It also adoped the fol lowing resolution: Resolved, That this b»dy will not recognize any church which will allow any of its members to make, or cause to be made or sell, ardent spirits. —Warrenton Clipper : Rev. A. I. Hartley thinks of having his arm am putated very soon. This will be a very painful remedy for the cancer on his hand. —Fairburn News-Letter: Ramah Baptist church called Dr. Woolsey, of Fayette county, last Saturday, but he has not been heard from yet. The church in Palmetto called Rev. G. W. Colquitt, who has accepted. —Rev. D. E. Greene preached the introductory sermon at the ninth an nual session of the New Ebenezer As sociation, which convened at Block House church in Telfair county, about two miles above Jacksonville. The former officers, Rev. J. T. Rogers, Moderator, and Rev. M. N. McCall, Clerk, were re-elected by acclamation. Two new churches were received. The Association has now about 42 church es, with a total membership of over 2,000. Os this large missionary body there was sent up to the Association, including the Sabbath collection, for all purposes, only a little more than S3OO. Union meetings were appointed for the first district, at Mt. Carmel, in Laurens county, and for the second, at Rockwell, Telfair county. —The protracted meeting at the Baptist church in Greensboro has closed. The result being nineteen ac cessions by experience and immersion, and one by restoration. A glorious work. —West Point Press : Rev. Dr. Z. D. Roby, of Cusseta, Ala., delivered two excellent sermons on Sunday morning • and night last, at the Baptist church in this city. The sermons have been highly complimented by competent judges generally. —The Liberty, (Ala.) Baptist Asso ; ciation will meet next year at Bethle hem church, near West Point. —Monroe Advertiser: We were glad to note the presence in our town of the Rev. Dr. S. G. Hillyer, late pas tor of the Baptist church. The Doctor is held in high esteem by all who know him, and never did man reign more supremely in the hearts of a people than did Dr. H. with the people of Forsyth. His long stay among us was a season of incessant labor, and its in fluence for good will continue to live though a thousand generations may perish. —McDuffie Journal: At the Baptist church conference in this place on Thursday evening last, Elder E. R. Carswell, Jr., was unanimously elected pastor. We learn that "Mr. Carswell has also received calls to the churches at Pine Grove and Sweetwater, but do not know whether or not he has ac cepted any or all of these calls. —Jonesboro Neus : Col. J. W. Den ton joined the Baptist church at this place and was baptized in Flint river Sunday. —Rev. H. C. Hornaday writes: Our dear brother, Rev. N. N. Edge, I am in formed, is soon to change his place of residence from Senoia to Canton. He is to take charge of the Advance, a pa per published at the latter town, and I take pleasure in commending him to the good people of Cherokee county and adjacent country. He is a worthy Christian gentleman and a good preacher. —West Point Press : The pastor of the Baptist church having perfected his arrangements to move to LaGrange, the church, on Sunday last, called Rev. Z. D. Roby, D. D., to fill the va cancy. Dr. Roby is an able, progres sive, popular preacher, and will doubt less please his new flock highly. —Newnan Herald : Grantville Bap tist church has re-elected Rev. J. B. S. Davis as pastor another year. They have formed a new missionary society in Germany—an Evangelical Asso ciation on behalf of the German Protestants in America. These Protestants run some risk of becoming Baptists here, you know, and must be guarded against so dire a calamity.