Delaware State journal and statesman., 1869-06-29
TFrom the Albany Evening Journal.l
The Law of Personal Recompense.

The fearful frequency with which indi-
viduals whose personal or domestic rights |
have been outraped- have taken the rarsags- !
slbility OF personally recompensing the
wrong done them, suggests the Importance
of correct definition of the Law of No |
Law. few weeks since, two startling |
events transpIred, which presented the sub |
iect in new phases. The Norfolk tragedy |
raised the question as TO the right of an in
dividual Justly doomed 10 die, at the hands
of an avenger, TO himself take the life OF
his rightlul execulioner. The Portland as
sault suggested Che right OF wife to sum-
manly remove from the side of her husband
one who had won him from his rightlul
allegiance.
Two cases have recently transpired in the
West-one in Illinois and the other in Iowa
which still further extend the jurisdiction
of this new social statute. The Illinois affair
is now in the courts. 1t appears that the
wife of Chauncey Bailey had long been
| publicly and nOtorlously reported to be very
marked in her lnendshipfor James l.. Laird,
an old acquaintance. Bailey and his vile
not agreeing, some time since separated, ana
| Laird usurped the place from which Bailey
had withdrawn. On the 18th OF last Janu-
arv, in the night time, Bailey returned to
his late home, when Laird and his Wlie
were there alone. He proceeded to the bed
room, where the two were, when Bailey and
Laird cinched, and during the struggle the
former shot the latter two or three times,
killing him instantly. The trial of Beiley
IS now in progress in Napicrville. The
theory OF insanity is not advanced; nor IS 1t
pretended that Bailey, suddenly discovering
Laird, shot him down in moment of un'
controllable impulse. The circumstances o
the case, as clearly as in that OF Cole, ex
pressly refute any such claim. 1t is boldly
), set up, therefore, that Bailey had the righ
4 to shoot Laird at any time, and the shootlnt
was ''just and lawful, and in violation of nj
=. law of human or Divine authority" Their
" is something strlkingly audacious in thl
defence. The act is held 10 be one not need
ing any manner of explanation or apology
but rather to be gloried in. The deed itsel
- is nearly as cowaTdly as that OF Coles, bt
the defence is much more manly. Bot
alike sought the alleged wrong doer but tn
Illinoisian entered the place OF crime, an
there assassinated his victim, while Co
1 fred the fatal shot under circumstance
which admitted neither explanation nor d
fence. But Bailey had long acquiesced
the wrong done him, and had volunt0ri
withdrawn from his polluted home. bu
Ia, denly, however, lie determines on vengean
No and proceeds to take it. Is this to be u
: I o. law OF the land? VIII society consent to &
singing out of one class of crime only, al
decree that IN such cases the indiyidu
ran uRhl0Hl NuUm lHC MlOuE ~ NOmmt1Sh ht
himself become the punitive agentY Ii
E. why not extend the catalogueY Why
establish graduated scale of punishment
by common consent, under which all In
VII vidual wrongs shall be avenged by lneiv
hest bssi ual recompensep Ii death can be prope
visited in one case, why may not assault
70 De muuation be justliable in anotherg q
tainly there can be no resort TO peIso
Yindication In one case not equally justlha
him in another The flagrRncy of the outrag
IN. no reason why the individual should beco
anks the executiOneT. that must be defend
rally if al all, from the reason that the ofiense
s,ss. eos. personal one. Fagrant personal often
then become punishable with severit
Ns minor ones with lesser penalties. Their
ING no distinction in principle, but only in gri
If society enacts this law of personal
compense, why shall it not also likewise
cree the right and duty of social recompe
X In Stony County, Iowa, few days 81
William Renard left his wiie and family
the companionship OF preferred one.
49,, few days since he returned home
'EL' offence had been committed, not only agt
,, his own household, but against the m
"a pun ena recttude of society," The latter, there
assumed the right to execute the penal
the law. His neighbors visited him
lngS night, dragged him out Of his house,
him until nearly dead, and then shave
head with dull knife, removing po
OF the flesh with the hair. The next
AR, warrants were issued for the arrest oil
avengers. But, under the new Law o
styles. Law what was their crimep Are thel
d work al ha rarprt1ad as ministers of iustice 4
m with than violaters of righip
The rapidity with which the doctrine
and . IoI there is justification for the assumpic
\ sS-tS SI individuals OF the prerogatves OF coul
- being put into practice, is the best evi
THAT we can have of Ills viciousness. SOciet
, blood soon be compelled, In self'deience, to
'As u' don its bloody code.