New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-27
THE JUDGES AND TIE LAW.

The Last Legislature of our State saw ut 70 en-
act mod lfcaton of our previously exlseog avs
respecting the punishment of Murder. PfeVioa'ly'
all Murder was punished with Death BY Hanslog,
Int the new law makes two classes or grades OF
Murder and prescrbes that the former (u're
bsirous> shall be punished with death upon the
warrant or order Of the Governor, which must not
be executed until year shall have elapsed 'ince
the cupIit's conyictiOn-that cul )rit meanwhile,
and until ordered to execution being kept at hard
wolk in the State Prison. For the second LESS
heinOus) degree Of Murder, the cuprt shall be
confined in the State Prison and kept at had labor
for the full term of his natural life Such isin sub
stance the whole law-Of that law which is the
sole pretext for the assertion of The albany Argus
that " the infamous Legislature Of 1860 has atos-
L" ished all punishment for Murder"
Certain judges of our higher Courts have pro-
pounced this law invalid, and refused to try muir
derers under it. Their reasons-though already
repeatedly set forth 10 our columus-wlll be fouad
rehashed in the following letter from legal cor
respondent
To he Editor Of The " y Tribune
SIR: Ten DAYS since TIE TRBUSE saw fit to cay,
that The law of 1860 reference Capital Punishment
good set And further made grossly belous charge, ths
appear have entered into eonprdey to
.st and nu it, Still further on spoke Of this dodge Of
judges Gould and Ingrshsm."
Since OF appeals has given three deons
that this good sct' has entirely repealed all
yiousy prescribed punishment for murcern the frs. and
worst degreesnd has provided any substitutes And la the
words The TRIBUNE, such Is the undouStsd sw d
our State"
Judge pgraha charge the Grand Jury bad said this
law was bad lew OF alarming tendency And Judge
had
degree TIE TRIBUNE say because there could be
under this act but because conviction would be
worthless, since sentence could be pronounced
Yet The TRIBUs has not retrsced its libel since those de-
cisions
The decisions the of Appeals founded the t
7th and tn sections the act Of 1860 of which THs TRIBUNE
says The Argus boldly lies BY asserting that IL has abolished
sl puni,hm. for murdr :" and VIII THE TRBUSs adds
the mere publication would made obvious the ay Of
the assertion of The AygG" Perhaps would aud perhaps
THE TRIBUNE knew the law of which speaks much
judicialy han judi'iously. Exam Inc and
The section (sbovenamed)
the FIRST shall be punihabl with deth"
But does that those crimes shan be and sho
assumes speak law thould unde rstand that
prescribing punishment for ciuemuch the
IRENE penalty DEATHS done by implication soh,
the Court OF Appeal il the undoubted law of this Stat
But our prior statutes ec of title Of chap part iv.
Of the Revised Satute bad prescribed the punishment
oensss ing that person who should after be
yced first of &C. second Of murder third Of
the FIRST degree shall be punishable with death" The act
OF 1860 however In its eth section amended that section Of
tie Rev Ss by striking the ,oih deah and snbi
tupg the words herein pyOdd Ard by ps ing the ameod
ed section where belongs section Of the Rev.
ST. the words herein provided" found to be utter
since that section omsry stood is the only
that provided vHh@eH for those oaens And BY lite
ndment as called but really lie epes punheat
be inflicted for either murder In the frst degrees
Nor would that the herein pyorided Tin the
amended by the h section Of the Of 1860 be held IL
legally refer to the Get Of 1860 itself all help tho natter
since already stated It has been decided that thar at
not provide any punishment Nor
the OF 1860 help the matter for that applies only where
person shall be convicted ola crime paniGsdAe @ death,
- and sentenced 20 suffer such punishneHt"
The sealing bunder of that act however 10 Its 18th section
which repeats the 25h section Of said title which 2th
section amply precbe that death In pursuance Of gL
tence shaa be by hanging So that, possible TO
give any sentence of death conviction Of treason murder
In the degree could be by the only mode allowed
| IN this country.
Our Editors have settled the law to be, that these crimes
be punished thee had been any prescribing
their punishment, that Is to be punished law And
OF have endesyord procure such decision
and to nerpose that shield before pesceahe THE
perhaps Onpiydey But the decisions Of the highest
court have given Hdt negative TO tina. view Aud the
yng Judges have been hbed for being night far they
went LEX.
We have thus given our legal Aristsrchus .
full bearing: What has he made out That GER
tain judges in the Court of Appeals have sustained
tue view vi JUICES uouiu anu iugtauain' "n"
disputed thatl What if there were dozen OF
theml We are contendng that their exposition
Of the law is narrow, partial, pettiioggiog one.
plainly dictated by hostility to the object which tho
Legislature had in view in modifying the previous
acts prescribing the punishment of Murder. Has
either Lex or the Court of Appeals refuted this
presumption
No one doubts-for no one can doubt-the inteat
of the Legislature. No one disputes toat they
enacted that the punishment of Murder In the hrss
degree shall BE- death at such time after thu expi'