Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-11-07
Written for Gu. State.
THE DEATH PENALTY.

appeared an article against restoring
capital punishment. written by one o
the ablest and most influential editors O
Kansas. Whatever he writes or says il
deserving of serious consideration, bu
there are two sides to his subject. Per
sons equally well informed conscientious
ly differ. Some of our readers, who d.
not agree with the views expressed il
the paper referred to-, will doubtless bt
gratified to see the other side presented
hence this humble contribution.
The outspoken advocate of the deatl
penalty must be prepared to meet al
opponents those who have great, If moi
the greatest command of the large ano
growing stock of words which make uI
the English language. 1t may be
fortunate, it is certainly true, that those
who in this world take what is usually
called the humanitarian side
have the advantage of the
most full and flowing vocabu.
larry. The counsel for the accused in a
criminal cause usually speaks more
fiuently and feelingly; the counsel for
the prosecution is restrained within mar
rover limits: the judge who pronounces
sentence is briefest of all. 1t is easy to
be eloquent in pleading for mercy. 1t is
pleasant to recite in sympathetic tones
for the defense of the most guilty that:
"The quality of mercy is not strand;
1t droppeth, as the gentle rain from
Heaven
Upon the place beneath: it is twice bless'd;
1t blesses him that gives, and him that
takes:
IT'S mightiest in the mightiest; it becomes
The throned monarch better than his
crown"
The more guilty the person, the more
claimed in his behalf. The language of
the offender seems of necessity harsh
and cold. Hence it is that the great
popular legal advocates; those who with
the worlds applause have smitten the
hearts of men as Moses smote the rock,
have been those who have defended not
merely patriots; charged with no offense
save patriotism; but those who have pro-
fessionally appeared for the most I'M
feeling and wicked of the human race;
guilty of the last offense against law,
human and divine, and by the magic of
their bewildering eloquence have swayed
courts and juries and thereby saved the
guilty from the penalty pronounced by
both laws against them. The great
prizes of the legal profession; the great
triumphs in forensic oratory have been
won by those who have spoken for what
the delusion, the mistaken sentiment of
the hour called Mercy not by those
who stood by and ministered at the plain,
but eternal altar of justice. 1t will be
seen, then, that it is no agreeable task to
take in a public controversy the side
which may be called naturally I'M
popular. the advocacy of which exposes
its advocate to a most unfair and I'M
reasonable style of personal attack; for it
seems the fashion to accuse him who
favors punitive justice, of personal
vindictivenesS: of hardness of heart; of
cruelty of disposition; of ignorance of
the humane spirit of the age; and even
to affect to perceive in him resem-
blance in character to the notorious JEFF
freys.
This kind Of talk is not without it's in
huence Men who really believe in the
death penalty have before this been
known to conceal their opinions and
when intrusted with the powers and
duties of legislators, stultify themselves
in action, for lack of nerve to face the
denunciation of sentimentalists. More
singular than this spectacle of weakness,
is the contradiction in the condnct of
men, who will denounce the death pen
atty in the day, and turn out at night
to put fellow creature to death by
lynch law. This inconsistency is by no
means uncommon. Regardless OF
conflicting opinions and certainly
regardless as to which side happens to be
for the time the stronger, it is the duty
of the citizen of Kansas to come to a de-
cision on the question of the death pen
atty, and especially is this the duty of
intrusted with the framing exc
cution or Interpretation of the law.
In ithis state the very disposition to
avoid an issue and to weakly escape
meeting it has led to the enactment of
statute which has no parallel in legisla-
ton A portion of the legislature seems
to have desired to abolish the death pen
atty; another seems to have desire to
retain it. A compromise between has
resulted in a statute which retains the
penalty coupled with provisions which
nulify it. The law tells the will
full, deliberate and premeditated
murderer that he shall die,
but only after certain impossible things
shall have happened.
Under the law, the judge sentences
the slayer of his fellow man to be hanged
by the neck till he is dead: and mean
while the judge knows very well he is
a sentence that will never
be carried into effect. He is the player
in farce. Under the law of March 2,
1879, judge and jury sit to try men,
over whose final sentence they have no
power; the power having been taken
from them and transferred TO the gov
arnor The foreman of the jury an
nounces that he and his fellows have |
found the prisoner at the bar guilty OF
the awful crime of murder in the first !
degree, and the judge with solemn mien |
sentences the prisoner to be hanged by |
The neck till he is dead, and invokes God |
70 have mercy on his soul, yet both jury |
and Judge know that under the statute |
he convicted person will not be hung by |
his neck, and that his soul will continue |
is connection with his body; and that |
he event is not improbable that in few
years at most the murderer Will be re-
eased from prison by the action OF |
pardon, perhaps to appear soul and
body in the court room, to himself wit
ness another legal and Judicial farce in
he case of another murderer.
That such law should have been en-
acted shows lack OF decision: a lack of
mental and moral stamina somewhere.
Every law should contain one subject !
,nlv. which should be clearly expressed
n Its title and the language of the law
hould be plain and precise so as to be
EASILY understood.
If the legislature of 1872, did not act
after this rule; if it neither in set terms