The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-06

time the United States attorney of the
territory. IN which he used these
words:
AS to the last clause of this para
graph I think the attention of the leg
I islature should be directed to the alb
solute license to commit murder herein
given. This, remember, is the clause
stricken out by this bill, The law here
by says to any person you may law
fully kill any man who has defiled
(not raped any of your female rela-
tiYeS or dependents This would seem
to include any member of the family.
While adultery and fornication, in
GLIDING seduction, are not punished by
any government, so far as [ am
| advised, with death-here, the private
citizen may, in a sudden heat of pas
sion as Judge and jury, try the sup
posed offender and constitute himself
| the eXecutioner to enforce his own de-
cree.
This statute is monstrous, abso-
lutely wicked in it's evident disregard
of the rights Of society and the sacred
ness of human life. Everywhere it is
generally conceded that the def1lement
of the nearest of blood relatives, is
sufficient provocatton or cause to in
duce the sudden heat of passion which
the law in it's tenderness for the weak
to reduce the offense to nlanslaughter.
But the law does not Justify in such
cases, it excuses and extenuateS in
part.
BY this statute you will observe,
man may (if he gets mad), constitute
himself the avenger of honor of any
female relative, or dependent, no mat
ter how far removed. It should be
stricken from the book, as q disgrace
to the civilization of the age
"This was called to my notice since
this bill was introduced. 1 read it
because it expresses the deliberate
views of a lawyer and citizen whose
enlinence and Intelligence commands
respect. He spoke officially and I may
say as a matter of history that a bill
such as this was introduced but for
some reason or other was allowed to
sleep in committee and never reached
the house.
"The remarks of the gentleman from
Wayne county CNIr. Mansfeld) is a
concession that at least no one Of US
deep down In his heart believes that
any man has the right to take human
life. If even, he says, a man is justi-
fed in taking human life, think he
should be justified in a case like this.
We feel that there is no power on
earth excepting only the authorized
| agency Of organized government to
whom is committed the awful power of
taking human life.
Il know not what were the secret
springs or causes which led to the
enactment of this law; what purpose
was to be accomplished. 1 know not
why here in Utah of all places on
earth, peopled as it was with god-fear-
ing, conscientious men, whose whole
| life and social fabric was builded on
the word Of God, this disgrace to penal
| legislation was placed on the statute
| book. l only know that you may look
! in vain through the laws of the Eng
| lish speaking race, even when in Eng
| land more than $50 offences were
punishable with death, for any such
provision. l know that in no other
state Of this union is the taking of
human life under circumstances such
as these held to be gutltless. For re-
member the provision of the present
law is that the slayer of defiler, no
matter at what time, or under what
circumstances Of atrocity is an inno-
cent man.
'sBut witness the absurdity The law
says he, must act under the influence of
passion If we are going to justify the
killing of the despoiler, to say that by
laws, human and divine, such an one
is guiltless, why compel him to act
under heat of passion. In heaven
| name, if we give to any poor, weak,
erring mortal the right to assume for
himself the awful prerogative of acting
in his own case, of acting as prosecu-
tor, judge, jury and executioner, let
us not say that his mind must be
clouded, his heart infamed with pas
SION Expunge these fatal words and
let it shine out clear upon the statute
that the right to kill exists; that the
| wronged one may act calmly with de-
liberation. Say to him, you have the
right to defend, and not only to de-
fend, but to aVenge. Prepare yourself
Take time, act with precision. Load
we'll the rifle, sharpen the knife, pre-
pare the bludgeon. Seek we'll the &C.
casion. Let your avenging arm strike
deep for the law gives you the right
But this law is monstrous in an
| other partieular-not only may he act
| If detflement has been committed but
a bare attempt to commit the crime of
rape will confer this fearful preroga-
tive. Though the attempt to ravish
has fallen far short of actual execution,
though no actual harm has been done,
| though already the pangs of remorse
have stricken the unhappy offender,
yet the man is given the right to slay
without mercy. Do you, gentlemen of
the house, wish to go on record as
| iustifying this?
But after all a greater objection re-
mains. Human nature through all the
ages has been the same We live in
various chimes, under different skies.
amid other customs, but in our hearts
the same unholy passions rage. Some
of us are old, we were young once.
Some Of US have boys growing up
about US. We know the waywardness
of youth. How the hot impetuous
blood hurries them on to their own
undoing. Yet not always are they
alone to blame. However great the
crime which this law gives license to
punish with death remember that two
are concerned. Have you stopped to
consider under what circumstances
this deflement or assumed defIement
may have taken place. Remember the
strange woman Long ages ago
| Solomon, the wise man of old, left L
on record in holy writ that through
the window of his house he looked
| forth from his easement and beheId
the simple ones. And L beheld among
| the youths young man void of under
standing. And he passed forth by the
corner near her house. He went the
way to her door in the twilight in the
evening in the black and dark night.
| And behold there met him q woman
attfred as an harlot, and subtle of
heart. So she caught him and kissed
| him and with an impudent face said
unto him, I have with me a peace Of
fering. L have paid this day my vows.
Therefore 1 am come forth to seek
thee. Behold I have rocked my bed
with coverings of tapestry, with
|