Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-11-07

sources entitled to at least the respectful
attention of the legislature.
The governors of Kansas for nearly
seventeen years. ever since the law was
enacted. have directed the attention Of
the legislature to its evasive character
one executive speaking of it as inconsist
ent with the 'manliness and moral cour
age of the body of the people of Kansas.
One of the latest to protest was thai
good, brave, and certainly humane man
Gov. John A. Martin. himself incapable
of indirection, who said, it were better
to abolish the death penalty absolutely
than to continue in force the present
law"
Not only have our chief magistrates
charged with the duty of max
ing recommendations to the
legislature, spoken with one voice on this
matter; but the people of Kansas as voic-
ed by the press of the state, have often
been heard from. The public is divided
between those who bclievein capital pun
ishment and those who believe in some
other definite and certain punishment.
but if the present statute as it stands has
an advocate he has preserved an utter
and unbroken silence-he has been
dumb and voiceless.
A reform which should not be DELAYED
longer than the meeting of the next leg
islature may be well preceded by dis
cussion of the question of the death pen
atty. 1t is true. the question has been
discussed exhaustlvely and it seems that
nothing new can be said, but the subject
OF law-making can never be too much
considered by free people who make
their own laws, and certainly this spe-
cial question should be considered by the
people of Kansas, until e state legislature
is elected, majority of which is endow-
ed with sufficient intelligence
to and determination to en-
| act positively and definitely
what punishment is to follow an offense
which ''hath the primal eldest curse
upon it."
The writer has 10 hesitation in saying
that he is in favor of the infection of the
penalty of death upon the willful, de-
iberate and premeditated murderer. He
believes that the first law proclaimed on
the subject, ''whoso sheddeth mans
blood by man shall his blood be she'd"
was just and right: based on the sacred
ness of human life and necessary to its
protection. The belief has been strength
ened by the observation of a life, the
active years of which have all been
passed in labors connected with the adj
ministration of law, and certainly in an
effort to find out justice, together with
the attainment of that knowledge of
human nature, its motives and springs of
action, which comes almost involun-
tarily with the passing years and comes
oil fxyi
new country where social institutions
are in formative condition; where
human passions enact their part boldly
upon wide stage.
In such country, the observer sees men in
what may be almost called their natural
state: unfettered by rules, presidents,
customs and traditions, and yet at their
natural sense of justice. He learns what
individual preservation and to that of
society and what they regard as merely
formal and non-essentlal. He learns
what of that great mass of law is con-
sidered mere redundancy, and what is
considered absolutely important. He
learns the code of the prairie and the
mountain; the jurisprudence of the
wilderness; necessary wherever men are
gathered, who, however free from arti-
fetal restraint, would yet live as human
beings, secure in their rights of life and
property, and with the assurance that
their wives and little ones may sleep in
peace. In such state of society, it is
noticeable that the oldest statute remains
whatever else disappears. Among men
careless of their own lives; risking them
every day; men Sudden and quick in
quarrel" the old law is yet enforced
that the man who deliberately and with
malice aforethought, wickedly and
baselY Stays his brother man
shall suffer death. Men under
such circumstances reason well be-
cause they reason naturally; their law is
good law, because it is the first, that of
self preservation. They recognize the
truth that men everywhere, whether
gathered in populous cities, organized in
great nations, wandered in desert lands,
or sailing the wide seas, must be gov
erned by some law, intended for the
benefit and protection of the law abid-
ing. Those who will not abide by this
common rule must be punished, if nee
essary, eXterminated. Criminal codes
place human life as the most precious of
possessions, and make its destruction
the highest of offences. In considering
what the penalty shall be melted out to
the murderer, men with self-protectlon
in view, have with singular unanimity
declared "a life for a life; blood for
blood"
Men, it is noticed. insist on this law, !
because they deem it necessary for the
protection of the helpless, the unwarned, |
the defenceless. In rude and wild COM
muniries, the man who is armed and |
has "a chance for his life is expected |
to defend himself; and homicides |
frequently excite in such communities. |
no special attention, saying nothing |
of general horror or Indignation; but |
public Justice swift and terrible even |
there visits the prowling assassin: the
slayer of women and children; the pois- |
oner and the thief who kills for plum
der.
1t may be taken as true that law
which men find necessary; which they
may be said to take with them when
they leave other laws behind them, when
they go where there are no regularly con-
stitutional legal tribunals; in regions
where every man is law unto himself:
is based on natural justice. or what may
be called the common sense OF mankind
and therefore should be permitted al
WAYS and everywhere TO stand.
Opposed to this view, is a vast array Of
talk about the spirit of the age, and dec
Iarations that return to capital punish
nent is barbarous. l am pointed to the
fact that the number Of capital offences
has been steadily diminished in nearly
every civilized country, with broad init
nations that this one remaining Otfense |