New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-02
JUSTICE. Not REVENGE.

II il now three months since Guitcau COM
mittcd the crime which has made him the object
of universal cXccration. And although in the
wauton milignity of the deed, in its enormity
as a crime against the Nation itself as well n
against the person of the Nations best beloved,
there was every thing to kindlc public passion
into dcvourng llamc, no apprccablc portion
of the American people have for single mo-
mcnt throughout this supreme trial of their for
beIrancc forgotten their reverence for law and
lawful procedure. At this late day, after the
sober Judgment of the people has had time to
settle and steady itself against any gust of pas
sonatc resentment, there Is small fear that any
countcr-crimc under the missioner of "wiid
Justice" will bc pcrpctrdtcd. And yet, 80 long
"A, there are individuals who were not shocked
by the trcachrrv of Mason. aud So long "a fears
are expressed that Guiteau could not be safely
transported to Ncw-Jcrscy. it cannot be amiss
to insist on some fundamental truths in regard
to the nature of punishment by law. even if
they are so elementary that they hardly need
10 be Formulated.
I'm a self governed country the courts are rs
distinctly representative IN one sense are its
legislative assemblies. If law is the organized
expression of public opinion the DEGREES of
courts in regard to the practical operation of
that law give expression to the general sense
of Justice, and the execution of these DEGREES is
the execution of the formal and solemn judg
mcnt of the people. 1t is not the sheriff who
hangs the convicted murderer, nor the judge.
nor the Jury, but the State. There was sound
philosophy at the bottom of the singular objec
ton to lynching n notorious criminal which was
offered by the NcY-Jersey farmer: I" don't
want to be robbed of my share in the hangiug,'
said he Every citizen does assist at a legal cx
ecution. This is one element of its impressive
ness, and helps TO constitute the majesty of
law" It is al the more impressive because the
State cannot fly into rage but is cold, severe,
passionlcss. This calm collective punishment
is still more impressive when the accused has
every reasonable opportunity to defend himself
when he is hcdged about by all the safe
guards that the enlightened experience of CEN
uries has raised to protect him from injustice
when he is supposed innocent until proved
guilty, instead of being compelled to prove
his innocence; when he is provided with
counsel who have full scope for their powers of
defence; when no testimony is admitted
which does not accord with the established law
OF evidence; when he is tried by his pcegs,
openly, and IN accordance with the established
formaitlos of the code of procedure. The de
hberate punishment Of a criminal, convicted
under these conditions, means something A
disobedlent soldier or a hundred men in masks
commit much grave crime than the murder
of their victim when they trihe with all these
sOlemnites.
No more monstrous perversion of justice can
be conceived of than the principle that the
more heinous the charge against prisoner the
less he is entitled to protection This PERM
cious fallacy is the basis of Lynch law. Our
criminal law has built certain dclcnces about
accused persons which painful experience has
proved to be necessary. The more violent the
passions aroused the greater the need of these
safeguards. And this is not only matter of