Monday, June 24, 2013

Necessity is the plea for every infringement of human freedom....

   "Scenes of bloodshed and violence, the use of unusual and deadly weapons, the perpetration of cruel and unprovoked murders are becoming of such common occurrence in the community, as to demand the serious attention of the Legislature, and some amendment of our criminal code is necessary to deter men from abandoning themselves to the guidance of their lawless passions, and imbuing their hands in the blood of their fellow men. Formerly it was seldom that men were heard of reporting to the use of the knife or the dagger, but an useless and absurd fashion seems to have sprung up, in accordance with the licentious spirit of the day, of carrying concealed arms, and being prepared on all occasions to wield them to the distruction of the life of him who happens to commit some real or fancied aggression upon the rights of those who wear them. This fashion is one of the most pernicious that could have grown up or been devised. Men, in moments of passion, with deadly weapons in their hands, do deeds of violence that harrow their consciences with remorse during their lives, and such deeds as would never have been committed by them had no weapon been in their hands when their actions were solely under the influence of their passions. Although the Constitution has guarantied to the citizen the right to carry arms in self defence, and therefore this right cannot be questioned or impaired, yet its abuse may be certainly prevented by law, and those who wear concealed weapons may be subjected to rigorous punishment for any improper or unjustifiable use of them. If laws of this character were made and duly executed, no individual would trust himself with the possession of an instrument that might be the means of causing him to be guilty of an offence, that would bring down upon him an ignominious punishment, and a lasting disgrace. It is necessary to the peace and security of society that something should be done on this subject immediately. The preservation of life, and the safety of the person from wanton and unlawful aggression, are among the leading objects in the establishment of all well ordered Governments. Outrage begets outrage, and man is so constituted that he will resort to the strong arm of force for vengeance, unless the laws are adequate to his protection, and unless he can obtain prompt and ample redress from them, for every violation of his personal rights. Public opinion demands at your hands some decisive action in relation to this growing evil in the country. The sooner an attempt is made to arrest its progress, the greater will be the probabilitv that success may attend the effort--It is now discountenanced and condemned by public sentiment. Its prevalence has but made it more odious, its attitude of boldness and defiance has but enhanced the desire for its eradication. It is true, that as a general principle, the policy of having the punishment disproportioned to the offence, is a bad one; it produces a sympathy for the offender, that causes his crime to be forgotten, and serves frequently to screen him from all punishment. As to this offence, however, scarcely any degree of punishment would beget a feeling of sympathy, it being obvious to all that some higher penalty than the mildness of our laws usually sanction for the perpetration of crime, is absolutely necessary to put this offence completely down in the community.

   "The management of the Penitentiary at this time is such as the friends of humanity would approve, whilst at the same time, it is of a character alike profitable to the keeper and to the State. Under the regulations now established and the state of discipline to which its inmates are subjected, it promises fair to be productive of those beneficial results that were anticipated by the benevolence of its original founders. Its concerns are conducted with system, order and regularity, and its finances are in a prosperous condition. Instead of being a heavy annual tax on the Treasury, as it once was, it now yields a revenue; from being once a dark abode of pollution, where the guilty, in place of being reformed, were hardened in guilt and infamy, by constant association with each other, it is now an Institution in every way creditable to the character of an enlightened and benevolent State. And it is with pleasure that I avail myself of the present occasion to express my undiminished confidence in the vigilance and care with which its interests are conducted, and my approbation of the humanity with which its unfortunate inmates are habitually treated."--Governor [James Clark], Dec. 5, 1837 message to the Senate and House of Representatives of Kentucky.

[JOURNAL OF THE SENATE OF THE COMMONWEALTH OF KENTUCY, BEGIN AND HELD IN THE TOWN OF FRANKFORT, ON MONDAY, THE FOURTH DAY OF DECEMBER, IN THE YEAR OF OUR LORD, 1837, AND OF THE COMMONWEALTH THE FORTY SIXTH. FRANKFORT, KY. A.G. HODGES, PUBLIC PRINTER. 1837. Pgs. 17, 18]

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