The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-19
Brotherly Love.
Two Tongues That Talk as One.

the 18th inst, makes in its editorial columns
vigorous reply, which we commend to the at
tention of our readers. The Mirrors article
has the following caption, and is here given in
full:
THE RESPONSIBILITY OF THE INSANE.
This topic is just now receiving unusual at
tention in view of the criminal trial pending
at Washington. 1t is well known that the
plea of insanity has been of late years most ire
quently employed by criminals to escape the
penalties of their crimes. The good sense OF
the public has often been insulted by the ac-
ceptance of this plea by judges and juries, and
much alarm felt for the safety OF those public
interests which courts of law are intended to
We think it matter for congratulation that
Judge Cox, in his ruling, has laid down princl-
pies which tend to reassure the public on this
point Cutting through the tine-spun distinc-
tions of theorists, who affect to speak in the
name of advanced science" he athrms Tor
substance the doctrine which commends itself
to common sense, that the man who is in pos
session of such degree of intelligence as to
kr,oao that ecbdt he IS about to do Is tgrong and
contrary to ldao, is sufficiently sane TO be held
responsible for his act.
OF course, one that does not know 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 If possible controlled, but
not punished. But he who is so 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 rIgnt-
full law if he still commits that act, is not only
but gtilty, and is justly to be held
oo both 1ooaIlv and morally accountable for it.
We submit that this is the dictate OF common
sense Every man that can form an intelll-
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 su ubstantially based upon it,
We are surprised to see the PRESS OF this
city in its editorial of the 11th inst, dissent
ing from this doctrine, and in terms OF vehe-
ment abuse denouncing the court for asserting
it, declaring that "any bench from which they
(such rulings) are pronounced will certainly
disgrace itself by stupid and blind adherence
to antiquated decisions which have long since
been displaced in the respect OF the most ad-
yanced thinkers 1t supports its accusation
on three grounds 1. That there are some
times 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 oil his utmost powers OF
resistance" 2. There are cases where "the
mind is subject to spasmodic action which cor
responds to the convulsions OF the muscular
system which we see displayed in epilepsy and
st. Vitus's dance" 3. There are certain de-
lusions''- 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, not the least those which preside over the
reason and the will" All of which, when
summarily stated, amounts TO this: homicidai
impulse mental spasms, and certain delusions,
sometimes are iTreSiStible;i. o., their victim has
no poaOer 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 science in whose name he
assumes to speak, knows that they cannot be
resisted. Guiteau says he had such an impulse
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 c07TeSseaty
ksaoao the right and acron9 9f hesr acts tnag tne
claim is made, not of maniacs and idiots, whose
moral sense is extinguished.
Not only is there no proof OF inability to re-
sist in the cases referred to, but even IN many
of decided and acknowledged insanity 1t does
not exist. Says DIR. j. j. Elwell in the last n.
A, REVIEW. line I6af Oh punlouiu6Hb VI -buo
dread of death is az great in cases OF the insane
as of the sane, and has the same restraining an
fIences; therefore the insane criminal is NOR
ally responsible for his acts. The English en-
bassador, Sir Edward Thornton, says that
since whipping has been instituted and prac-
ticed 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 Ian
guage. The London Lancet says: NO doubt,
mental disease is mysterious IN Its operations
and manifestations. No doubt weakened mem
tai power and low standard of moral sense
leave mankind an easier prey to violent pas
sions or criminal desires. 1t 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
snnitu.n 1t is, says DR.. Elwell, ian invention
of the brilliant genius of Erskine'' eighty
wears ago. 1t was successfully employed In
England in several important cases, and has
been initiated in this country in the trials OF
Sickles, Mcfarland, Cole and others to the
great discredit, as everybody knows, OF our
criminal jurisprudence. But though the name
he new. the thing is old, as old at least as the
Bible. Even David described the .JooL that
said in his heart, there is no God" rs. IA: l.
The wise Preacher said OF some IN hls day,
sNadpess is in their heart while they live, and
after that they go to the dead" Eccl. 8: 3.
And our Sayiour's most scathing condemna-
tion 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. IL: 10.
And SO far from this being ground of exemp-
tion from moral responsibility, it was the very
reason of their severest condemnation. crimes
proceeding from mental states which are them
selves the result of long practiced wlckedness
orin QCQult2
man who murders one in fit OF delirium tre-
mems. it holds him responsible not only Tor the
hloody act but for the self-abuse which makes
him liable to perpetrate it.
What is this advanced science" which as
snmes to reverse the sentiments of mankind as
to the responsibility of those who by euphem-
ism are pronounced morally insane? We
have often heard of it. 1t is seen in the theory
that man has no distinct entity or spiritual ma
tnre called the soul, but only material organ
ism of muscles and nerves and cellular TISSUES
which generates thought as clock marks
time II 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 lie. IL IS science
which derides inspiration; which, rejects the
Bible as an authority in morals, and vehement-
Iv denies any divine moral government over
man that will punish the wicked forever. The
u1orld has seen much of this sort OF science,
and II begins to understand pretty well ITS val
no In epposition to it, we assert the decisions
Of common sense, and the opinions OF others
trne scientists-no less worthy to be cited as
authorities than those who claim so mucn.
Saws the London Lancet, than which there is
No hipher medical authority: 1T is necessary
that a protest should be raised, in the name OF
science, against the rapidly growing tendency
to class every form OF mind-Weakness or peWil-
derment as insanity. OF course lncapacity
NAV he so classed, because mind which Is not
nerfectlv sound must needs be unsound; but
This Is q straining OF the term, and when sci
entific terms are strained for legal or social
nnrnoses il is time that science interposed TO
pravent what may become great abuse"
We are Glad, therefore, that Judge Cox has
oo,,o back To the old-fashioned conservative
oronnd of law and common sense IN his rulings
On this important subject. 1t is not bee ause
Of their bearings on the miserable man at ms
bar. hut for the sake of public justice ana tne
nnblic safety. 1t is high time that murder was
baid mn in lis naked turpitude to the condem-
nation IL 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 DIM
inished.
The position taken by the PRESS is also dis-
nuted by Zion's Advocate and Eastern Watch
man. and that able Baptist religious weekly
in its issue of the 18th inst makes In its edito-
rial columns a vigorous reply which we com
mend to the attention of our readers. The
A..oa+o,s srtiole has tha following caption