DISPUTED DOCTRINES -- Chapter Twenty-Three

QUESTION OF CAPITAL PUNISHMENT

This is not a question that pertains to the Church, but is rather a question of the State. It is not a question on which the Lutheran Church may be said to be divided; but it as a question on which Lutheran pastors here and there are of different opinion. This question, therefore, like all others, is to be decided by the Word of God.

On this subject the Word of God is quite clear. The Noachian law on this matter, which has never been repealed, is stated in Gen. 6: 9: "Whoso sheddeth man's blood, by man shall his blood be shed." And this is con-firmed in the New Testament in the thirteenth chapter of Romans, which is the sedes doctrinae of the doctrine of the State, in these words: "For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? Do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil."

Our Lord Himself confirmed this power before Pontius Pilate. When Pilate said unto Him, "Knowest thou not that I have power to crucify thee, and have power to release thee?" Jesus did not deny his claim, but answered and said, "Thou couldest have no power at all against me, except it were given thee from above: therefore he that delivered me unto thee hath the greater sin."

Paul also acknowledges this authority in his own case. As he stood before Festus and made formal appeal unto Caesar, after denying that he had done anything wrong, he adds these significant words: "For if I be an offender, or have committed anything worthy of death, I refuse not to die: but if there be none of these things whereof these accuse me, no man may deliver me unto them."

These passages fully prove the right of the State to inflict capital punishment. It is a power which God Himself has committed to the State, and one which the State is under obligation to discharge. Any State, therefore, that refuses to administer it falls short of discharging the duty which God has entrusted to it. No sentimental considerations should be allowed to enter here; and there should be no confusion between the law and the Gospel, or between the State and the Church. The State rules by force, and for this reason the sword has been placed in its hands. The Church rules by persuasion, and for this reason the sword of the Spirit, which is the Word of God, has been committed to it. Each has its proper sphere and its proper weapons. Let each abide in its own sphere and use the appropriate weapons of that sphere. As Christians we have no right to call in question the right of the State to inflict capital punishment where the crime committed calls for it. The commandment, "Thou shalt not kill," which applies to individuals, does not apply to the State in the exercise of its rightful authority.

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