Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1882-02-16
[From the Toledo Blade.l
IFfuIn INC IuIelo bIh1e.I
A New Dispensation for the Admin
istration OF Justiee-"LaW" 20 Give
Place fore '-Sentiment."

/ To the Editor Of the Toledo Blade.
| We must be getting along in this sec
ton pretty well toward a condition OF
utter and hopeless anarchy, il ready for
the sort Of government q now openly
advocated by several public journals
hereabouts. have known from the same
source many expressions looking to such
state OF things; but never before in pub
lie press have l known of a proposition
so badly lawless and disorganizing as
that put forth by the Toledo Bee on the
Sd instant, in connection with the YER
dict of manslaughter against Cole for
killing Harmon in Henry County.
After saying "if Cole deserves punish
ment for anything, it is for not shooting
the vile dog long before he did; and that
this is the sentiment of nine-tenths of the
people who read the testimony presented,
there can be no possible doubt" that pa
per says:
Indeed, while the law pronounces
the taking of life, under such circum-
stances as surrounded the Cole case, to
be crime, the sentiment OF the COM
munity declares it justifiable. and the
Legislature of Ohio could do no more
manly or just thing than by placing on
the statute books an enactment in accord
with the verdict of the communities
everywhere"
1t is seen that the fact here is fully ac-
cepted, that the verdict in question was
strictly in accordance with "the law, !"
which "pronounces the taking of life,
under such circumstances, to be a crime. !"
So the complaint is not that "the law"
was disregarded in the case, but that it
was obeyed. What this public journal
demanded in that case, and what it de-
mands in all cases to come, is that "the
law"-whether of the Nation, the State,
or the municipiality-shall no longer be
the rule for the regulation of social and
civil relations of men, but shall be put
aside for something else, which the edi-
tor calls 1.-THE sentiment of the commu-
nity." The conceded fact, THAT a under
"the law" it was the sworn duty of the
jury to return the verdict they
did, is of no sort of account
with this professed educator in morals
and exponent of public opinion. With
him "the law" as "law" has no author
ity whatever in the protection of human
| life. To "the sentiment of the COM
munity"-and that alone-he proposes
we shall look for whatever of govern
ment we may expect and the ''Legisla-
ture of Ohio is coolly called upon form
ally to accept this policy and conform its
legislation thereto. The statute books is
no longer to be the measure of rights
among men. but ''the sentiment
Webster defines as Thought prompted
by passion or feeling'-which at the
time may happen to prevail in tn COM
munity."
Under such statesmanlike administra-
ton, every law must depend for its en-
forcement-if it have that-not upon its
constitutional enactment, but upon the
"feeling," the emotion" the degree o.
"sensibility," the motion" the "opinion'
! which shall be uppermost in the locality
or section where the case arises. Thus
horse. stealing would be a crime to bt
punished where 1.-THE sentiment of the
community" was averse to stealing
horses-laws against highway robbery
would be operative only where that sor
, of industry was not popular-bigamy
where the prevailing idea favored mo-
nogamy. What would be 'law" to bt
| obeyed in one County or section, would
i, be dead letter in the adjoining County
!. or section. Consequently, no one coulC
obtain from the statute-book any idea o
what would be his rights in particular
locality. His only possible mode woult
be to ascertain, as best he might, wha
, was ''the sentiment of the community
in question as to each of the various ant
multitudinous interests a resident or 30
journer might have there. Such state o
things as is seen at glance, would max
: the matter of removal from one localit.
to another, most hopeful and assuring
And then, it would so nicely facilitat
trade and commercial intercourse Now
;. as rule, in determining the question o
:. credit TO a stranger at a distant point
!, the dealer examines the laws" exist.
: ing there, and the records of individua
:, solvency; whereas, under the propose'
system, it would be necessary only to as
;, certain. (D whether the party was solven
ana (2) whether "the sentiment of tn
= community" where he lived was, favo
:. able to the payment of honest debts. {
= course, the ever-changing current o.
"passion and feeling" in the same ICON
. munity," it might not always be col
. yenlent to get reports sufficiently "lat'
!, u to be safe, but that would be only diff
y y Guilty incident to the plan.
~ ~ In the brilliant light of this new di
20 pensation, how extraordinary appears
70 % past administration of justice amor
~ civilized nations. AT home, the most co
70 spic.ous violation of this latter. day state
Il manship, is found in the four years W
i, waged bv the Government for the 80
y y and only purpose of enforcing the law
IL repugnant to "the sentiment of the cor
g munity" where they were resisted. L
% -, Bee. of course, can have no svmpat
~ with that great wrong. So, in the mi
or ter of polygamy, what rights has 7
- Government to war against the we
known sentiment of the community"
Utah, where "nine-tenths of the peopl
approve that practice2 OF course
Bee denounces such disregard of
only true basis of good governm
wv And in the matter of suffrage at the Sou
ng how unreasonable the proposition to
ne uuire that the right of the citizen :
a vote and have his vote counted" shol
be determined by "the law" where "l
sentiment of the community" favor
IN employment of the rife club. the tor
L. and the rope, as campaign agencies,
ac- the tissue. ballot and fraudulent retur
zen as the final correction of too much fr
he dom in voting. Here, to, the Bee star
'ay by "the community"
rQ. Ana tnen, as 10 particular CdseS,
ses must review and revise ohr judgm
ost upon all heretofore treated as crimin'
,ox Some will still stand as now, while otf
must be reversed. Guiteau must be h
as deserving of death-not because
red violated .'the law" in assassinating r
fol- Garfield, but because he did it VIII
A 1.-The sentiment of the community" IS
he posed to that style of office SEEK
ich Hence, the Bee is for hanging him
z.~.,-l tIo% ,s,o,vtd orr