The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-19

TO k7l0IC that aChdt ne IS G00ltt 10 90 IS UT0nG
and contrary to lao, is sufficiently sane to be
held responsible for his act.
or course, one that does.not knew this will
be regarded by all as not amenable to punish
ment. The idiot, the maniac, the sufferer
from disease which destroys reason and SELF
control, like the victim Of hydrophobia, etc,
are to be pitied, and il possible lccntrolled, but
not punished. But he who is 80 far In posses
sion of that moral sense which God has given
TO man, made in his image, and thereby dis
tinguished from the brutes, as to be aware Of
the difference between right and wrong, of his
own obligation to do the former and avoid the
latter, and that given act is wrong, either In
the nature of things or as forbidden by rightfal
law il he still commits that act, is not only un-
fortunate, but guilty, and Is justly to be held
as both morally and legally accountable for 1t.
We submit that this is the dictate Of common
sense. Every man that can form an intelli-
gent idea Of moral action and the nature and
relations Of moral beings instinctively assents
to it. The jurisprudence OF the world in every
age has been substantially based upon 1t.
We are surprised to see the Press Of this city,
in its editorial of the 11th inst, dissenting from
this doctrine, and in terms OF vehement abuse
denouncing the court for asserting 1t, declaring
that "any bench from which they (such rul-
ings) are pronounced will certainly disgrace it.
self by stupid and blind adherence to anti
quated decisions which have long since been
displaced in the respect OF the most advanced
thinkers" 1t supports its accusation on three
grounds: 4. That there are sometimes cases
Of "homicidal impulse" where "a madman
has committed murder Of the most atrocious
character, not only knowing that what he was
doing was contrary to law and right, but even
in spite OF his utmost powers OF resistance"
2. There are cases where "the mind is subject
to spasmodic action which corresponds TO the
commissions Of the muscular system which We
see displayed in epilepsy and st. Vitus's
dance" g. There are certain delusions''-
prompting to commit crime which necessarily
lead one to doubt the integrity not only Of the
part OF the mind from which the delusion
sprang but also Of other parts OF it,knot the
least those which preside over the reason and
the will" All Of which when summarily stated
amounts to this: homicidal impulse, mental
spasms, and certain delusions, sometimes are
Irresistible; |. O., their victim has po0er not
to do the criminal act to which he Is prompted.
Now we will not undertake to say that such
impulses, spasms and delusions, do not occur,
but we beg to ask the writer how he knows, or
how the advanced scisnce, in whose name
he assumes to speak, knows that they cannot
be resisted. Guiteau says he had such an ini-
pulse which he could not control; does any
man, himself sane, believe him? Rascals OF
all sorts have abounded in such protestations,
and if their word were proof it would be an
easy way to save their necks. And what else
but their word is there to establish their claim?
For let it be noted, it is Of persons who co1lfes
Sedly kno1o the right and iorong Of their acts
that the claim iskmade, not OF maniacs or idi-
OLS, WHOSE moral b6ub6 ID b4biuBulbubu.
Not only is there no proof of inability to re-
sst in the cases referred to, but even in many
OF decided and acknowledged insanity it does
not exist. Says DIR. j. j. Elwell, in the last
n. A. Review: "The fear Of punishment or
the dread OF death is as great in cases of the
insane as Of the sane, and has the same re-
strdiping influence; therefore the insane crimi-
nal is morally responsible for his acts. Tho
English ambassador, Sir Edward Thornton,
says that since whipping has been instituted
and practiced on fanatics for shooting at the
Queen it has stopped completely. In this
common sense position we are sustained also by
the highest medical authority in the English
language. The London Lancet says: No
doubt mental disease is mysterious in It's oper-
ations and manifestations. No doubt, weakened
mental powers and low standard OF moral
sense leave mankind an easier prey to violent
passions or criminal desires. It is equally true
that such natures are more easily controlled
and Influenced By the fear Of punishment :"
This claim of responsibility In behalf OF in
sane criminals is Of what is called moral in
sanity" 1t is, says DR.. Elwell, IAN invention
of the brilliant genius OF Erskine" eighty years
ago. 1t was successfully employed In England
in several important cases, and has been imi-
tated in this country in the trials OF Sickles
Mcfarland, Cole, and others, to the great dis
credit, as everybody knows, Of our criminal ju-
risprudence. But though the name be new,
the thing is old, as old at least as the Bible.
Even David described the fool that said In
his heart, there is no God. Ps. IA 1. The
wise Preacher said of some in his day, Mud
ness is in their heart while they live, and after
that they go to the dead" Eccl. 8: 3. And
our Saviours most scathing condemnation OF
the wicked generation that rejected him was
that 'their heart had waxed gross, and their
ears were dull of hearing, and their eyes they
had closed, so that they could not see with their
eyes, nor hear with their ears, nor understand
with their heart" Matt. 13: Is. And so far
from this being q ground OF exemption from
moral responsibility, it was the very reason OF
their severest condemnation. Grimes proceed
ing from mental states which are themselves
the result of long practiced wickedness become
doubly criminal. No law acquits man who
murders one in o fit of delirium tremens; 1t
holds him responsible not only for the bloody
act, but for the self-abuse which makes him
liable to perpetrate It.
What Is this advanced science" which as
sumes to reverse theSentiments OF mankind as
to the responsibility of those who BY euphemism
are pronounced morally insane?" We have
often heard Of it. 1t is seen in the theory that
man has no distinct entity or spiritual nature
called the soul but only material organism
of muscles and nerves and cellular tissues
which generates thought as clock marks time.
1t is asserted in the dictum that there is no
God but law, no Creator but those forces of
matter to whose promise and potency are to be
attributed all forms OF life. 1t is science
which derides inspiration; which rejects the
Bible as an authority in morals, and vehement
man that will punish the wicked forever. The
world has seen much of this sort OF science. and
it begins to understand pretty well Its value.
In opposition to it, we assert the decisions OF
common sense, and the opinions OF others
true scientistS-no less worthy to be cited as
authorities than those who claim so much.
Says the London Lancet, than which there Is
no higher medical authority: 1T is necessary
that protest should be raised, in the name OF
science, against the rapidly growing tendency
IL. f%ww~ . .+r41w 0NvrnQ
wilderment as insanity. OF course incapacity
may be so classed because mind which Is not
perfectly sound must needs be unS0und; but
this is straining of the term, and when scien-
tific terms are strained for legal or social pur-
poses, it is time that science interposed to pre-
vent what may be great abuse"
We are glad, therefore, that Judge Cox has
come back to the old-faShi0ned conservative
ground Of law and common sense in his rulings
on this important subject. 1t is not because OF
their bearings on the miserable man at his bar,
but for the sake OF public justice and the pub
lie safety. 1t is high time that murder was
held up in its naked turpitude to the condem-
nation it deserves, and that the murderer him
self should be punished. When this becomes
the rule instead of the exception in our land,
its frequency, we believe, will be greatly d.
minished aE
Wishing to present both sides OF the vexed
question of the responsibility Of insane crimi-
ualS, We SlVo pldCo W tno iolOAhuoAo A'"1S W
our argument by the Mirror and the Advocate,
believing that the orthodox opinions formed
by the able editors of those able papers leach.
of course, looking at the matter independently
and from his own view.poin0 are entitled to
as wide hearing as the heretical opinion that
both so stoutly land one of them SO originality
combat. Which opinion is the weightiest, that
of the Mirror or that Of the Advocate, we leave
our readers to determine.
LATER.
The foreman, in making up the forms, has
accidentally transposed the Mirror and Advo-
cate editorials; but the intelligent reader will
readily discern the mistake and easily correct
it.
ISpringield Union.l
Col. Sellers in journalism.
Newspapers as well as poets are born, not
,,oda Tunitar onca had n Shifting headache