The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-01-11

the part OF any Justice OF the Peace
to issue blank atfidavits or certificates
Of acknowledgment signed by him
with the intent that such blanks shall
afterwards be filed up and used as
affidayits or certificates of acknowl-
edgment. It would be difficult to as
sign a go3d reason why this statute
should be confined to Justices of the
Peace, or why it should not extend TO
notaries aud all other officers empow-
cred to administer oaths or take aud
certify Acknowledgements.
The section should also be enlarged
so as to embrace within its scope other
fraudulent acts of similar character,
not now provided for, viz : Issuing
afidavits filed up and certified as
having been swern to, when. IN point
of fact. the person named In the ath
davit as the afiant, never was sworn
at all; also issuing afidavits purport-
ing to be subscribed and sworn to by
persons therein named, when the pre-
tended atlantis are fictitious persons.
It is said that frauds of the character
just indicated, have been committed
in issuing affidavits under the Regis
try Law of 1867. Whether this is
true or not, it is manifest that they
are as likely to occur, as those guard
ed against by the section mentioned,
in its present shape.
The reputation of the State has
been seriously injured since the last
session of the General Assembly, In
repeated instances, by the execution
of prisoners accused of crime, By mob
violence. Within the time mentioned,
more than dozen of persons have
thus suffered death at the hands of
organized bands of men, not acting
under the impulse of monetary pas
sion, occasioned by some outrage Just
discovered, but proceeding with a de-
liberate determination thai evinced a
purpose to permit no law human or di-
vine to stand in the way of the accom-
plishHent of their object. In all these
cases the persons executed were taken
by violence from the custody of the
officers of the law by whom they were
held for trial for offenses with
which they were charged. The pre-
text set up as an excuse for resorting
to such violence is that the law is
poweress to punish offenses In GER
tain districts, and that the officers of
the law have proved to be uniaithful
In the performance of their duties;
and yet the men who assumed to sit
In judgment upon the law aud its off,
GERS, aud who enforce their own I'M
controlled and irresponsible will as
something above and superior 80 the
laws of the State, do not hesitate to
shoot down a sworn officer Of the law
engaged in the faithful performance
Of his duty; when such a murderous
proceeding is necessary to the fur
therance of their designs or to prevent
their discovery and prosecution.
Whenever / have been appraised by
the local authorities of Anticipated
danger of this character, l have uni
formly furnished arms to the officers
having the custody of prisoners. to
the ead that they might be securely
guarded until tried By the proper
court. The recent outrage at New
Albany owed It's success to the au-
dacity of lis perpetrators; and was not
anticipated by the local authorities
or people OF that city. Some time be-
fore these prisoners were confined in
tie prison in that CT. and In antici
patton of their delivery there for safe
custody. l sent an agent to that place
to ascertain and report as to their
probable safety if they should be- there
delivered and imprisoned to await
their trial. The result Of the inqui-
ries made assured me that no danger
of violence was to be apprehende0 if
they were delivered and imprison I'd
for trial at New Albany, and [ so in
formed the Secretary of State OF the
United States, who had telegraphed
me on the subject.
respectfully submit to you wheth-
er suitable peculiarly rewards ought
not to be authorized to be offered and
paid for the discovery and arrest of
those who were engaged in the per-
petration Of the recent terrible TRACE
dy, and for the detection and arrest
OF all who may hereafter be engaged
In similar acts.
It should also, in my judgment.
be made felony to join or be a mem
Der OF any organization or association
which has for its object the usurpa-
ton of the functions of the judicia-
ry by condemning and furnishing 9th
ers for real or pretended offences. It
is also worthy of consideration wheth-
er some legislation is not called for.
providing for the custody and safe
keeping of prisoners accused of crime.
at points ia the State distant from the
scene of the commission Of the alleged
offences, where there it is made TO an
pear that there are reasonable grounds
to apprehend mob violence. IF CON
fned for trial at or near the place
where the offense is charged to have
been committed.
/ have long been satisfied that it
would be wise to allow courts and
juries larger degree of discretion
than they now possess in assessing
the punishment, on a conviction, in a
certain class, or perhaps classes, OF
felonies- Especially is this true of
the crime of larceny. The punish
ment for grand larceny cannot, In the
case of male adult, be less
than two years confinement in
the State prison. This in some
cases IS an excessive punishment.
In petit larceny the punishment NAV
be as low as one year Ia the peniten-
tiary, or for any determinate period in
the county jail The distinction be-
tween grand and petit larceny is purely
arbitrary, depending on the value of
the property taken. If the value is
five dollars, or upwards, the offense is
grand larceny. If under five dollars,
it is petit larceny. The moral turpitude
involved in given case of grand lar
ceny may be less than that pertaining
to another of petit larceny; and vet
the arbitrary distinction of value
compels a sentence, upon conviction
of grand larceny, for at least two
years in the penitentiary, while as to
petit larceny there is allowed the