New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-09
Old LIJg IND MODERN MANIA


The legal dciiuiton of insanity ought 10 bc
fixed. everyone will probably admit, by the
law.making power. When a law is enacted
separating the people of the country into two
parts. and providing that one shall not have
freedom nor be subject to punishment, it is
the duty of lawmakers to remove "a
far as possible uncertainty rs to a distinction
so radical and so vastly important. Nor has
it been the intention of law-makcI, to leave
the matter in doubt Until recently, it was
supposed that the word "insane hada dcliu
tie and ndisputcd meaning 1t was with that
meaning in view and in the belief that no
Court would permit il to be distorted, that ali
existing laws on the subject were enacted.
That medning-the accepted legal significance
! Of the word At the time of and prior to the
enactment OF a law-would seem to be lis only
proper meaning in that statute
Some Judges, however, have taken it upon
! themselves TO enact new laws, by applying to
old statutes meanings Of the word "insanc"
which never were known when those
laws were framed. The contention Of
the counsel for Guitcau has this
basis of truth; there has been, as
Nr. Reed urged, greater axity of late years in
the Interpretation of the word "insmc"
Whether gcratcr laXity in this respect is, It,
he represents, a crcdiable leaning toward
mercy, is very questionable. Sane people have
some rights, ms well as the insane, and those
who choose to plead insanity. Ia fact the
laws were mainly framed for the purpose Of
protecting the lives and property Of sane pc0
Die. But it has come TO pass of late that in
sanity is pleaded in defence on almost every
| conceivable OCCASION Sometimes this line Of
! defence has been tolerated because the Ma
ture of the offence and the circumstances
were such that public opinion was not
willing 10 have the law strc iy enforced.
In far greater number Of eases, criminals
who were without any other means of escape
have set up this defence as "A last resort and
used it with more or less force according to
their means If rich, OF supported by Jealous
friends, criminal can alwaysmakc great ii ,ht
on this line. GuitcJu j. in the position Of
person of enormous wealth. The Government,
with amazing libcralty, has given him oppor
tuuitics, liberties and a command Of resources
such a. no other criminal over Possessed. If it
had been possible to raise Il reasonable doubt
as to his responsibility for crime that doubt
! would have been raised and strengthened by
! trial which, on the contrary has removed I'LL
doubt from the minds OF many who were at
first Inclined to believe him Irresponsible
II is a great injustice TO the people to say
that they "have been clamoring for the con
viction Of this man, whether sane or not"
| The defence does itself no credit by such sug
gesiions. The public feeling has been and
probably still Is, that the contemplate creature
| in the dock is of infinitely little consequence,
compared with the reputation of the country,
its courts, its laws and It's juries. These have
been disgraced, in part, and are liable TO be
much moro disgraced before the trial ends. If
Guiteau alone could be considered, hanging
would be UNNECESSARILY more merciful than
freedom, and it is decidedly the public feeling
that hanging Is too good for him. Nor are
there lacking those who feel that the great
Republic would appear more crcdtably if 1t
could tell the world that the President Of
free people cOuld not be assassinated except
by mailman. But the country has something
else to consider. II perceives that the pretext
of insanity has been gradually stretched and
| repeatedly abused until it has become dan
gerous to tho public welfare. Therefore there
is great anxiety that, in this conspicuous case,