Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-25
DEFERRED DEBATES.
CONSIDERATION OF The JOHNSON xJa.
DER BILL IN THE SENATE.

CONSIDERABLE OF The JDGNSeN hUlS'
DER BILL IN THE SENATE.
On Wednesday, January 10Th, the Senate having
under consideration Johusons S. b. 45, An Act in
relation to the killing of human beings, commonly
called MURDER and the punishment thereof, recon-
mended for indefinite postponement by the Judiel
ary Committee, Mr. johnson spoke IN faVor OF MS
bill as follows:
Mr. President In discussing the bill now before
the Senate shall endeavor to show the condition OF
State, the non enforcement OF law as lt Is now
upon the statute books and the necessity of change
il human life is to retain any value In California
The difference between cyilizat on and barbarlsm
lies in the manner in which the respective systems
deal with the actions of individuals In barbaric
days every man protects himself and family against
every other man and family, and each one looks no
further than himself anu family for defense
or revenge The family tie is the
Oldest known to history, sacred or profane.
When Abraham jour.eyed in the Old World it was
his own immediate family and dependents that pro-
tected him from robbery and murder. He did not
rely upon any law or Court of any OF the tribes
upon whose domains he camped. In barbarlsm the
strong right arm OF the man is Sheriff, Court and
law and usually proves very swift and effective
defender and avenger In civilization society takes
the place of the individual and assumes certain OF
the inalienable rights of man. rather the protec
ton of them To paraphrase the expression in
Holy Writ 50 Vengeance is mine says society, and
the individual must abandon all thought thereof.
The individual surrenders his personal rights his
individual prefefep ces-his sell protective ideas
his duty to protect his fanily-and society assumes
those obligations heretofore incumbent upon the
Individual and agrees to enforce them equally upon
and Tor all, regardless OF sex or eenditlon III IS
contract more sacred than those between
man and man alone, because il EN-
braces the care of human limb and
life, and the preservation OF peace between all
It should be observed on both sides. Society has
no more right to neglect the performance of its por
ton than an individual; nor as much, for the indi-
vidua is powerless against society The giant society
should keep to the spirit and letter his contract with
the dwarf individual, because the dwarf ind vdual
cannot compel the enforcement, and the giant can.
By the contract il is agreed by the onesociety-to
furnish protection, and by the other-the individual
Ito return obedience. The United States Govern
ment is to the States forming the nation but the
same idea on grander scale The States surrender
their individual rights to the Federal Government,
and receive in return that protection and care
which compenstates for the loss OF State rights. The
Declaration of Independence phrases it in those glo
rious words so dear and so well known.
The State, or Government, OF nation, or society,
exhibits larger and greater illustration of the same
rule carrying out the same ideas seeking to carry
into effect the same contract aud recognizing the
same principle which underles civilization at all
times in all countries; that is that the individual
surrenders his ind vidud rights and society says
we will protect you. Now this society, or State
nation has enacted laws to punish acts deemed det-
rimental to the welfare of the whole. 1t makes
difference to me; it does not interfere with my
feelings or my notions, or with my life, or with my
family if q man in San Francisco should kill hun
drei men there who were equally as venerable and
as bald as the Senator from the Thirteenth, because
am net affected by the act. But society says, and
l. as a component part of society, lndorse the prin
ciple that If is killed the whole nation, the
whole society has been affected and therefore the
crime is punished therefore it has been declared
crime therefore laws have been enacted to pun
ish man that kills another, not because
of the injury inflicted on the man that
is killed. but because OF the injury inflicted on
society. because society has said, I'VE have agreed
to protect that man in his lfe. Some writer's have
claimed that it was better for man to die even bv
violence even at the risk OF making his wife and
family suffer if he Is taken away sud ienly; that it
would save all the pangs Of sickness and the long
and weary suffering and waiting tor DEATH But So
ciety does not take that into consideration. Law,
which is society," says " You have injured society.
You have violated contract. Therefore we punish
YOU" At least that is what the law, the written
law SAYS The practice Of society, as shall en-
deayor to show is entirely different. Society has
taken from the individual the legal or society right
to redress INJURIES and has assumed that duty ITSELF
and having assumed the duty it must carry 1t into
effect Having assumed the duty OF protecting the
Individual society ought to fulfill this duty. You
cannot make q State or a nation, you cannot
compel a society to do certain acts by
pro cess of Courts. You can only do it by
enforcing or changing the law. What seek in the
bill now before the Senate is to change the law,
having come to the conclusion that the law cannot
be enforced in the State of California which pun
isbes one man for killing another man. Society has
ordained certain rules or laws defining what are
crimes and prescribing penalties therefor. This
would not be crime against society, but for the
fact that society has said it is crime. Society
the nation, or the State has the right under this
contract to say that murder Is not crime, or that
murder is crime and having said that murder was
crime and having prescribed penalty Tor that
crime society ought to enforce the penalty. As
understand criminal jurisdiction and criminal Jurs-
prudence and the theory upon which punishment.
or upon which laws are enacted prescribing punish
Jrnt for crimes II is aone first to reform or punish
the criminal second to prevent arepetition of thoof
fense and third to keep the peace ane insure the hap
ppess OF the whole. Perhaps this third proposition
iuioht he included in the second. Now, whsr-
ever the law, whenever certain proportion
of this aggregation of individuals, or individuals
called society fails to recognize these three propo
tions fails either to reform the criminal or to pre-
vent the repetition oil the ofense, or to keep the
neace of the people and insure the happiness the
common happiness, that law ought to be stricken
from the statute books. The moment that law
falls into disrepute because 1t Is not enforced that
moment the law should be stricken from the
statute books as disgrace to civilization, aud it is
nv purpose and province to-day to appeal to the
Judgment OF every Senator here II the law which
saws that it will punish man for murder has
not become rnockery in the State OF California II
it has rot become easier to convict a man OF any
crime than it is to convict him OF this supposed to
be the highest crime known to the law l desire
to and | believe | can coByi ce the reason OF the
Senators to daN, thai TeQ-Bailutu ihuiucItfS
walking abroad in our midst, ready at any time to
kill other people, knowing that the law has become
a dead letter upon the statute book, and that
it cannot be enforced in the State OF California
So believing | am in favor OF changing the
law So believing, am in favor of having some
law upou the statute book that will punish man
who wiltfuliy imbues his hand in the blood of his
felow-maa. These laws OF society, thas propa-
rated should be enforced, first, because of the
tract that has been entered into between society and
individuals second because Of the injury that re-
suits to society and individuals unless the law is en-
forced. Ii these laws are not g. iorcea then pro-
power is taken from the individual to defend him.
self The law which was passed some years ago to
prevent the carrying Of concealed weapons resulted
simply in placing the peaceabe citizen at the mercy
OF every gambler and Desperate in the State, for
every gambler and desperate would still carry his
knife and pistol while the peaceabe citizen has had
to obey the law-he law which says to the lnno cent
man that he shall not revenge himself against the
man that kills his father his wife, or his child.
Society fails IN the enforcement Of this duty.
Society fails to keep this contract, and unless it
accords to the venerable Senator from the Thirteenth
that same protection and that same vengeance, it
would be his power his privilege, his right and his
duty to maintain and enforce it. Society says to
me that shall not kill the man that kills my SOD
Society saws to me that society Will punish the
criminal and society, having taken from me the
power to revenge redress my injury, fails to keep
its promise ard allows the red dhanded murderer to
walk abroad in the land. The wife OF Dr. Defevre in
OakI4nd cannot revenge herself; she cannot re-
dress the injury given her by that foul murderer
Schroeder, because society has said: I'VE VIII pro-
tect you, Mrs Lefe re we will protect you and
your family against murderers, and society has not
kept its contract with her. and has fallen IN abJect
submiss before the sentimental appeals that were
made by the defendants lawye 5 Ia che case. So
ciety says: "we will protect the family circle"
Society says TO the wife will protect your hus
band' Society says to the child: eve will protect
your parent" Society says to the parent: I" He
Will protect your child against murderers." And
society fails to do it in the State OF California and
there is ROW no law for the punishment of murder
in the State of California except the :" COL organ
ization in Bodie | congratulate the Senator from
Fresno upon representing one county in California
outside of the dead-letter law in the statute
book of California. Whenever society or
government becomes go lax IN its en- orce-
ment of its obligation whenever society or govern.
ment fails to protect men in the enjoyment OF their
life their liberty their property it then becomes
the duty Of the people to alter abolish that gov
erument, or to alter or change the lsw. Outside of
these fundamental principles, in which all men
necessarily agree, what again ask, has been the
action Of California as to the punishment of the crime
of murde-? In ancient times from biblical DAYS
down. mans life has been sacred 1t IS written in holy
scripture that blood shall be given for blood and the
ayerger OF blood is granted certain time in which
10 ayenye crime In the early days Of California,
as / read in the hi.tory of the State, not having
been here niysel'-the Senator from Marin, who was
here in those days, long gone by, when was not,
NAV perhaps enli.hten me as TO whether | ana cor
rect or not-in the early days Of California, as
informed by old residents, and gather from
himself and in those days, as | am informed and
believe mans life was more sacred than 1t is now
Judge Lynch enforced the law against murder.
Judge Lynch protected the lives OF the early pio-