New-York tribune., 1901-09-12
PUNISHMENT OF THE CRIMINAL.


To the Editor of The Tribune.
Sir: Section 2l7 of the New-York Penal Code pro-
vides follows:
"A person who, with an intent to kill human
being, to commit a felony upon the person or
property OF the one assaulted. or of another, %
assaults another with loaded frearm, or other
deadly weapon. by any other means Of force
likely to produce death, is guilty of assault
in the first degree
Section 30 provides that assault the first de-
gree is punishable by Imprisonment for
exceeding ten years" In the event of the Presi-
dents recovery this is the extent of the punish
ment that can be visited upon the woud-De as
sassin. and it is subject to reduction under the
laws of New-York for good conduct while in con-
hnement, SO that the term of imprisonment might,
in fact, be reduced TO years. The inadequacy
of such a penalty is painfully apparent.
The proposition. however. that Congress should
pass law making assault upon the President
treason scarcely have been seriously presented
Treason Is the one offence that is defined in the
constitution, which says that it shall consist
only IN levying against them (the United
states). IN ,adhering to their enemies. giving
them aid and comfort II was one Of the harsh
features of English law that It treason to
compass the death OF the King, and the word
quoted held to include even speaking OF his
death a probable event. The trainers of the
constitution were at pains to guard against the
abuse of the charge of treason for the purpose of
behaf denied 10 Congress the power to punish
offence to WHICH the character of treason might
1t is idle to speak of the punishment of the re;
cent assault upon the President by the Federal
illustration Of the infrmity of our criminal code
within the jurisdiction of the United States. as
navy yard or custom house. there Is no existing
could have been punished; Section 5.Sis Of the Re-
ssd which & en s wth v dan m
ony. is restricted by Its terms to crimes upon the
in yUhO or IN
citizen thereof, and fixes the maximum penalty at
ALEXANDER c. -BoTKIN.
United States Code Commission.
Washington, Sept. $. 1901
THE Tribune has hitherto pointed out the
inpossbiity OF Furnishing assault the Presi-
dent treasonl
CALLS FOR A DAY OF THANKSGIVING.
To the Editor of The Tribune.
Sir: If the life Of our President is spared as now
seems probable and as every sane man in our
country, be ne Democrat Republican, is earn
estly hoping and praying that It viii be, why
should not emphasize the public Joy and graft
tude by setting apart and observing special
day in the near future for national thanksgiving
If for any reason such day cannot be desig-
Sated by federai ananority let 9e aohe od 1g the ne
council agree upon a certain day, and each Cove
nor appoint 1T by proclamation, ,,,, ,,,,s,,,,,,
Washington. D. c., Sept 10, 1901.
WHAT ACT OF WOULD-BE ASSASSIN MEANT.
To the Editor OF The Tribune
Sir Referring to the editorial In The Tribune
this morning entitled Protection for the Pres-
dent does not the attack upon President McKin-
ley receive another complexion from the explicit
statement of the assassin that he opposed to
form of government. and aimed to overthrow
IT, and that IL with this object that he at
tempted the life of the Executive embodying
the life of the government
The inadequacy of the means resorted to for the
destruction of the government, If the death
of the President had resulted, is nothing to the
point. 1t is the intent that determines the char
acter OF the action, aid In this the intent
clearly TO levy upon the government far
as II was In the power Of individual to do