Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-01-24
The Laws Supremacy.

The Laws Supremacy.
James Mutt, acquitted OF the murder
OF Dukes, on the ground OF insanity mas
beeo released from custody on the testi-
mony of the examining physicians, that
ha n not now insane. The result is q
mockery Of the law, yet 1t is one which
appoars TO be endorsed by the weight of
public sentiment which, therefore,
mocks the law. 1t Is not an agreeable
reflection for thoughtful citizens that law
ID thus contemned. Ovations attend him
who was acquitted Of murder upon the
only possible ground that the law offer.
cd for his acquittal, that he was insane
when he did the deed. His act of insanity
10 applauded as an act Of the sanest no.
bility Of mind. or course 1t is absurd as
Il In false that this is the proper judg.
ment upon the deed. The fact is that peo
pie who applaud Mutt believe that he did
Q good deed In killing Dukes for his Of
fense against his family. II this is cor
rect judgment then 1t is wrong that the
law can only release him from punish
ment for his act by the finding of a jury
that 1t was an act Of insanity.
Now, which is right, the judgmen. Of
the law or Of the people The two can.
not be made to correspond at all and
certainly the one or the other needs to be
changed. II 1t was right for Mutt to
kill Dukes under the provocation he had,
1t Is right for the law to confer this
privilege, II not to put this duty, upon
every man who has suffered as Mutt did.
II private vengeance Is the proper pun
ishment OF such wrong as that charged
upon Dukes the law should say so and
certainly should not denounce the
avenger as q murderer. Every sensible
citizen must desire to see the law
declared as 1t should be vindicated,
and not proclaimed to be nulliHed.
Public opinion on an isolated case is
not, however, the test Of the goodness
OF q law. 1t does not follow that be-
cause public opinion now seems to de
clare Mutt guiltless of crime, he is
therefore guiltless. That public opinion
may be wrong; and when We see it
clearly in conflict with q law that has
had the sanction of ages, the presumption
is that 1t Is wrong. We believe it to be
so. The popular judgment in the Mutt
case, letting loose, as 1t does, the private
pistol to do the work Of the public exc.
cutioner, certainly errs for the funda-
mental rule OF society is that private
vengeance must be surrendered to the
public officer.
In this case, 1t is said that the public
officers failed in their duty =; that Dukes
was acquitted, and that Mutt was right
to remedy their failure. 1t Is clear
that such argument is not good and that
there is nothing in the law to warrant
it. Admitted" say Nuts applauders,
land yet we applaud, because Dukes
wrongdoing is avenged
Such unreasoning surrender 10 i'm.
pulse UPON the part OF our people is
often exhibited in this country, where
lynch law is a daily experience. The
law is permitted to have its course only
when popular feeling is not aroused {;
but such feeling at any time may set it
aside. We believe 1t to be the clear
teaching OF experience, as 1t is of COM
mon sense, that the public veal demands
that the law should control, and not be
controlled by such popular ebullition
When 1t strains against the law and tn,
law gives way, society is not safe fo
Its law fails 1t when it is most needed.
The most disturbing fact In connec
tion with the Mutt scquittal is that SC
many journals Of respectability have
chosen to run with, instead Of against
the current Of feeling. 1t demonstrates
how little reliance can be placed upon
those who should be teachers and leaders,
when they are thus seen to fear to put
their honest judgment across the path
OF popular feeling; and how hopeless it
will be for the law to look for support
from those who should be its frmest sup
porters agalnt the ever possible assaults
Of popular frenzy.