Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1873-06-11
Our Ponal code ana crisnlncl
judiciary,

l.
Dur Pcnai code ana Criminal
judiciary.
Murder, or Tho wilfql aud MALI
:ious killing OF a human being, is tho
criMe known to our law.
he life which tho great Creator
sAvc TO the creature, made in his own
image, he has said man shall not ma
liclously take. Government was
Instituted among men for
lin protection. From the rcmotcst
natiquity OF which VIC have amy
,ccord, down through the centuries
If our world, successive nations have
10 defend the life Of man
rgainst the red hand of his fellow
man by dcnouncing tho scvercst
pains aud penalties OH tho murderer.
"Whosocvcr sheddcth blood, by man
shall his Blood be she'd" has been the
text mud central idea in all remedial
legislation on this subject, in both
ancient and modern times. The APP
lalling frequency with which this
,rightial crime has required in our
country oflatc years, and the circum-
stances Of horror with which in num-
Gcrlcss instances it has been invested,
have justly given rise TO grave appre-
tensions in the minds ofgood men for
the safcty of tho very framework OF
society itself, and the question is
anxiously asked, what can be done
that has not already bccn tried, 10
reprcss this great evil? We do not
believe with some learned observers
that Che tcndciicy of man is to great
or moral degradation, that he grows
moro regardless of legal and social
obligations; on the contrary, we be-
lievc tho mel of to-day to bc better
than of those fifty or a hundred
years ago. We do not believe
with others that hanging is the worst
possible use to which n man can be
put; on the contrary, VIC believe that
hanging is tho best and only possible
use to which mas,y men can be put,
aud the Don they r hanged and
their bodies handed over'to the sur
cgeons, the better for themselves, for
society and for science.
Tho genius of our laws is human-
i,arian; penalties r exemplary, not
vindictive, and a single example of
stern justice, swiftly administered,
on the principal Of q life for o life,
will do moro to stay the murdsrous
] ands of q community thnn would
the consignment of n thousand mci
10 the four walls of a p%cnitentiary FOL
their respective lives. Tho fcar OF
death Is nn ovcrruling instinct In the
breasts Of mcn. "What will not a
,uan give for his life I" Any penalty
short Of death leaves tho sentiment
OF hope, and hope is p~rovcrbially &c.
facious. Is ali insult to be avenged,
II wrong, real or imaginary, 10 bc
,cdrcssed, al, obnoxious rival 10 be
removed, or q point to be scored by
1piilisg the blood Of q fellow man !
+fhc anxious inquirer looks beyond
the bloody deed, aud II the worst
should come, sees only a.sccurc re.
treat within a prisons walls, where
tho intcrccssion Of friends, tho magic
&C money or the chapter Of accidents
n,uy reach aud deliver him. Con.
font him with q moose and Ills knees
will smite together, aud tho deadl!
weapon Will fall from his murderou'
grasp. This IL made. unmistakabl!
tlcnr by tho anxiety Of mon coli
Gcmncd TO death, and tholr friends, tt
procure q communication Of tho dcatl
sentence TO ono Of imprisonment fol
l!fc. Tho error committed years age
~ mixing tho judges OF II criminal
courts dependent on popular cleo
ton, should DO corrected. Tho evils
growing out of this system became
80 fragrant In tho leading city Of the
continent that tho legislature Wal
compelled 10 make tho humiliating &c
Acknowledgement that tho murdcrcri
owned tho judiciary, and to provide
ipr tho holding Of tho terms of tn
courts by certain judges OF distant
rural circuits IN succession. Two o.
the most populous states Of the Fed
cral Union propose TO return TO thu
system Of executive appointment oil
legislative election, aud to make thu
o.iciai tcuurc for life or during goot
behavior. Jcffrrys was not NOR,
loathsomc than is Dustccd. Some mod
.trn and pcrnicions doctrines whicl
been have engraftsd OH II crimina
Jurisprudence, should be eliminated
II, nccd be, by legislative enactment
Prominent among these is tho Law
of American honor, or the America,
law OF honor, which has done NOR,
10 dishonor u criminal judiciar!
and bring reproach Oh the name o
justice than all things else combined
1t was born in Boston, in the mids
Of an exciting political canvass
wherein o political party bccam
prosecutor andpa murderer was mad
u hero. 1t is an elastic principl
without limitation, and may be mad
10. covor. anything in tho way o
throat-chtting, not classified us emo
iional or some other insanity. 1t ha
been employed to turn loose upol
society hundreds OF men who Shout,
Eayc q passed through hangmes'
Lands TO felons' graves. Insanity, a
defensive plea, has been go fragrant
j. in.sappliod that it las sunk bclo,
the level of the ancient Irish "Alabi.
a little common sense and q littl
romluon honesty will 500 divcst
OF Its power for harm, and restor
the plea to It's former dignity an
character. Everything has its cycle!
Marderers aud man-slayers, we trus
n believe, have had their cycle
The Publications IRE that justice, g.
long insulted, and Iaw-abiding mel
SO long outraged, will now have tl,ci