Smyrna times., 1881-10-26

SOCIETY is formed for the protectOh VI
individuals; and States or Government
for the preservation of society. In the
act of the assassin, Guiteau, plow was
struck directly at the very foundation OF
botb societv and republican government
At socictv. in that the adequacy OF the
nrotect:on of its laws are supposed 10
throw around the individual is called IN
ouestion: at the republican government
in that the blow was aimed at the chosen
ruler as such. of a free people, and there
nv one man undertook 10 overthrow the
will of A constitutional majority.
The question that presents itself, Is not
rs to the ability of the government to sus-
tain such Il shock, but whether the pro-
lection society is supposed to afford the
individual is adequate, or is merely pre-
tense and sham? The issue is presented
squarely by the plan of insanity IN the
case before us and is to be decided IN the
near future by an American jury. Man Is
not possessed of power OF dlvinatloh
and cannot. therefore, prevent such deedS
farther than to enact positive laws Tor
their punishment; but he can see to II
that such Laws are enforced and do not
become n dead letter, by the eXcusing one
man for the killing of another, because
the touch OF insanity. TO which we all are
subject. should i'll his particular case
cause him TO commit homicide. justice
in such cases is not only furnishing but
preventive. as all human punishments in a
large and extended view are rather calcu-
lated to prevent future crimes than to ex-
plate the past. Particularly is this true IN
Guiteaus case, for no one thinks OF the
death of the miserable despicable creature
osan atonement for the life Of such grand
hero.
That every man must be presumed to
be responsible for his acts until the con-
trary is clearly shown, is general propo-
sition 10 which there are certain eXcep-
tions. or rather, under certain circum-
stances. acts which would otherwise be
criminal, on some special ground are not
deemed So Among these latter is insan'
itv. based on the absence of criminal In
tent and because the fear of punishment
is not calculated to act upon the person sc
rs to deter him, or to deter others by
making him an example. There have
been three stages in the history OF in
sanity. The first was that a man to b'
exempt from punishment must be total!
deprived of his understanding and memo
nv and not know what he Is doing an!
more than an infant or wild beast. Th'
second stage, regarded as the test of re
sponsibility the power to distinguish righ
from wrong in the abstract. The third l
called the particular right and wronI
theory, as that the insanity must hav
been of such a kind as entirely to depriv
the prisoner of the use of reason as apple
to the act IN question and of the know
edge that he was doing wrong in com
mitting it. This inability to distinguis
between right and wrong as to the &C
charged as a crime, is the generally az
cepted, and in some states the eXcluslvel
accepted, test of such insanity as exempt
from criminal responsibility. In one c
two cases in this country all tests OF II
sanity as rules of law were discarded an
it was held to be mental disease, an
whether u person has such disease IS
matter of fact to be determined by tn
jury. But it must be born in mind this
a voluntary vicious indulgence whic
grows into an inveterate habit beyon
control is not insanity. This it seems
us is Guiteau's case. 1t will not be d.
MED that the man what libel on tt
wOrd) had an intense and morbid lOngin
for nOtority by voluntarily indulgir
this propensity, as he seems to have don
it may have gotten beyond control, b.
this is not insanity and he is none the lie
responsible for his acts. This is the be
Tiew that can be taken of his case and Il
plea of insanity can no more stand before
than BY applying any the three testsme
toned above. Let the law take its cOurs
let society be vindicated and purged of
cringing cOwardly bastard and let t
government at Washington still live,
monument Of the stability of Americ
Institution.
THE TROUBLE IL IELLAED.--The &C
faof i'm Tpnia1.4 l.. ...,t. 81 .cFiQug