Port Tobacco times, and Charles County advertiser., 1885-05-29
Lynch Law and Apologies Therefor.

Lynch Law and Apologies Therefor.
The recent case of the execution by q
mob of young Terry in West Virginia, for
the killing of Jeter, and the fact that the
insanity of the offender mas been pre- ty
we'll established, have served to direct
public attention again to what is known
as lynch law.
When the people f a community un-
dertake 70 administer the law themselves,
thereby assuming the functions which ci-
vii society and municipal law have invest
ed in solemn courts of justice distinguish
ed for learning and impartial Judgment,
whether such administration be by fren-
zled mob, or quiet band of cool, deter
mined citizens, the fundamental princi-
pies of law and order have been perverted
| and the public peace has been put in ieo-
pardy. Such extraordinary action in a
law abiding community presents grave
question for the consideration of calm
judging people who properly appreciate
the Importance of the preservation of the
public peace and legal forms of justice.
So grave departure from the ordinary
forms of justice indicates some deep seat
ed cause or causes. When the masses OF
the people deliberately act in so grave a
matter, the motive Of their action is not
apt to be found in a hasty freak or sud
denly conceived impulse. Lynch law,
which is becoming in recent years more
and more general, must be understood TO
the public mind with the manner and cir
cumstances of the legal administration oi
justice in the ordinary forms Hence it is
impoTtant that order loving people should
form a correct conclusion regarding lynch
law and its apologies.
The apo ogy which has generally been
made for the execution of he DEGREES OF
Judge Lynch against the "utragcrs OF
female chastity, which has become, in the
IA1CuNbNAh 'idtSs Ut ICiSN. N'IC CuS 'tiidl '
mode of dealing with such malefactors,
has been the shame which the law en-
tailed upon the victim in givi ~ publicly
and with such indecent parti. ularity the
evidence necessary for conviction. and the
many vexatlous delays which the law per-
mited between the verdict OF the jury
and the execution of the sentence Of he
Court. The Legislatures have recognized
to some extent this apo ogy but he aw
long and vexations delays seem to have
increased, rather than diminished. The
many delays and dill'ory procee iiags
which are permitted in the admins ration
of criminal law at the present d " operate
directly to increase the popular discon-
tent which sus aims lynch law. Ifcriminal
lawyers were, as class. properly imbued
with spirit of the important relation
their professional conduct bears to the
public welfare, so much trouble wou d not
result from this source: bat that, uufortu-
nately, is not the case. There are so many
shysters hat practice in that branch OF
the law, who, actuated by q desire for no.
tority, or other unworthy motive are ac-
Gus omcd to avail of these dilatory mo-
tions 10 an extent that Is suby .rsIve OF
the spirit OF justice and rying to the pub
lie patience. Criminal punishment, 20 be
effective, should be prompt and speedy
ana If the legislature wouia restrain The
people IRON taking The law into their Own
hands. they shou 4 so revise the criminal
code as to give the courts ample power TO
restrain these prowliug wolves of the legal
profession, who bring public justice into
contempt and dsrcputc.
Another cause Of popular discontent,
which leads to summary justice, is the
great latitude which courts and juries have
in late years given to insanity as a defense
in criminal prosecutions. While it is pro-
per, no doubt, that the insane violator of
the law, who is really incapable of dis.in-
gushing right from wrong, should be
shielded from the punishment which is
meted out to wilful aud deliberate crimi-
2als: yet there should he no reasonable
doubt of the complete insanity of the per
petrator OF crime TO enti lie him 70 such
immunity. This was the original policy
and practice of the law with reference to
INSANITY as a criminal defense, but in re-
cent years in this country, through the in
genuity of criminal lawyers, the laxness of
the courts and the ignorance of iuries, this
defense has been carried to most extrava-
CANT lengths; so that it now frequently
happens that men who have always been
able to manage their own affairs, and at.
tend to the ordinary concerns Of life with
out suspicion of insanity, having slain a
fellow being or committed other gross
crimes, are acquitted on the ground OF
''momenrary insanity" 1t is such perver-
sions of justice as this that gives rise to
serious popular distrust of the legal ad-
ministration of justice AMI it has come to
oC Soibhioh iSuhhih dihouS tue uidssts
that any criminal who has money enough
to fee shrewd lawyers. can have himself
declared temporarily insane ard thus
escape the punishment of his crime.
Lynch law is certainly a great evil,
which threatens the very existence Of law
full government and social order; but, il
our lawmakers would restrain it. they
must lop off some of the morbid excresen-
ces which now deform and obstruct the
administration of public justice.