New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-28
THE LAW OF MURDER.
Nslc- York, Dec. %. 1872.

SIR: The necessity of reform in the admin
istraton OF justice in capital Is conceded by all
The insecurity Of human life m this city, the frequency
murders, the practical immunity from proper punish
ment Of those guilty Of the highest crime known TO the
law have last aroused and exaggerated the com
munty that they have determined there must and shall
be some remedy. Sharing do the sentiments of the
public on this subject propose point out suitable
ana efectual remedy. believe that the enactment OF
proper laws will fully protect the innocent and secure
the swift conviction and certain punishment OF the
guilty
statute should be passed requiring that capital
cases. appealed should direct TO the Court on
Appeals and that they should be argued and decided
promptly That Court shoud give these cases prefer
ence at all times all others. Now, stay or pro-
ceedngs granted by any one Of the thirythree
Judges OF the Supreme Court. No stay should be al
lowed, except by the Court of Appeals, or Judge
thereof then only when 1t is necessary TO enable
case 10 be argued and decided before the day appointed
for execution order give sufficient time for ar
gument and final decision in the Court Of Appeals the
day designated for execution in the Court IN when the
conviction took place should be not less than twelve nor
more than sixteen weeks from the time OF sentence
stay Of proceedings would rarely be necessary The
time allowed would sufficient 10 enable case 20 be
properly argued and thoroughly examined By the Court
The law of murder should amended. IA IL Is now,
eoronaistod by sudden prov
ocation the heat OF passion, with intent to -the
fatal blow the fatal bullehe 10 guilty Oh mul-
der in the first degree The onse s asgreat as hat OF
one who in cold blood, perpetrates murder wtleh'
with 6endish malice be has deliberately planned for
days weeks and months In the torper case, although
the law REQUIRES it. agies arc Generally unwilling to
convict Of ofense punishable with DEATH wh4e IN
the latter they convict readily and promptly Jurfes
generally in where the intent to E f formed at
A is formed the instant. have to determine between
murder In the first degree punishable with DEATH and
manslaugher the third degree, punishable with III
prisonment In a State prison for not more than four
years In the latter the punishment is so light that
1t is moekery OF Justice in the former 1t IS so severe
that humanity as represented in the jury-hoI is
shocked it's infection. The result R, Jures very oten
disagree Then again. sometimes Jury will convict OF
murder in the first degree while another Jury on sub
stantiaIy the same facts viii convict OF mansaughter
in the third degree Ths deporabe uncertainty brings
the administration Of justice into contempt In those
cases where Of all others the result should % most Ger
tain, il is most uncertain. ~
The law should be amended, that homicide mot
lustihable nor excusabe) committed without deibera
ton and generalization although with intent 10 XII
formed on the instant would be murder in tho second
degree. This oense should DO punishable by imprson
ment in the state Prison FOR lte The result would be
that where the evidence was sufficient, JuTes would
almost inv arsaby convict in tbis class Of cases.
The defense OF insanity Las been 80 perverted aha
upon the administrator OF Justice. II person be really
insane time no homicide, law, justice
and humanity demand that he should noe be convicted
community should certainly Oe protected nom
the violence OF insane persons. II person Is go lne
A. 70 take human life he should be confined for suf
GENTLY long period, to protect the community against
any return such violence. think that II such person
commit homicide under such circumstances, that it
would he murder ne sane, confinement In
unstc asylum for 20 80 would not DO too long
II such the law sham and spurious defense Of
insanity would not often be nterpOsed. IL insanity were
real no injustice would be DONE II the jury acquit on
this ground they should state IN their verdict IL the
period Of confinement IN uDatic asylum, following
such acqnta, which have suggested 0e too long the
Legislature might hx shorter period; but some certain
term Of confinement ought 70 be prescribed by statute
I have drafted bills accordance with the views
herein expressed which will De presented for the eQd
Of the Legislature soon 70 convene. II these
blis-which drawn with care-shau pass and De
properly enforced venture that hereafter 10 4er
arders win be committed in HewYOrk In proportion
is population, than in any other city IN the United
States.
AS said to the Jury In asking. behalf OF the prose
cution, conviction In the of BuckbOut, now,
and most emphatealy every lav-abid1nR citizen will
concur with mel: Something be d0ne tina
modern tendency through the forms Of law to violate
law; OF justice perpetrste the most ter
ribe injustice through judicial machinery organized 70
proteot society to let loose crime IN our midst and ey
erywhere expose the innocent 10 the mercy OF criminals
who through the action Of courts and juries receive
rowing commission TO rob and murder with impunty"
Sew York, Dec. "a, 1871 HGsRr l.. CLINTON