MovieChat Forums > Lonesome Dove (1989) Discussion > Should Jake Spoon have been spared?

Should Jake Spoon have been spared?


When Augustus and Woodrow and the rest catch up with the outlaw gang Jake asks them to spare him. He said he hadn't killed anyone which was true. Although they didn't want to they hanged Jake.

There is a similar scene in The Virginian- http://www.imdb.com/title/tt0039082/?ref_=fn_al_tt_3

Sonny Tufts plays a character a lot like Jake. An excellent cowboy when he wants to work hard which is not often. A likeable rake he gets into trouble, owes money and decides to steal horses from the herd. He is caught stealing horses which was punishable by death.

The Virginian and the other drovers were faced with the grim reality of having to impose this sentence on their good friend.

I guess it wasn't practical to make exceptions in those days.

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Personally, I would have given him a pass, under the condition he never contacted the crew ever again and totally left the territory. Considering all they went through together over the years, I think that would be fair enough.

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People's thinking was so skewed and backward back then; McCrae and Call felt they had no choice but to hang Spoon, probably because as law enforcement officers, they were taught that from the beginning. And not like they could arrest Jake and the others and have a court date set.

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I agree with highway-patrolman, he should've been spared under the condition he left the territory. He wasn't likeable at all, but it was a cruel thing to swing'im like that, I swear...

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[deleted]

Jake voluntarily joined an outlaw band that he knew was going to commit crimes- they ASKED him if he was OK with robbing banks, and he said yes, providing there wasn't too much law around. He idly stood by while several murders were committed, and did nothing to either leave the scene or stop the crimes. This is a textbook example of "aiding and abetting". Thus, Jake is as guilty as the others, even if he didn't actively shoot anyone. Or, more simply, as Gus put it,"You know the rule, Jake- you ride with an outlaw, you die with an outlaw. I'm sorry you crossed the line." Every so often someone posts some silliness about Jake; the answer is a simple one. Jake needed to be hanged. Trying to second-guess this situation by applying 21st century sensitivities is a waste of time. Jake chose his path. And when push came to shove, Jake manned up and went out game.

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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I liked your reply until I came to this line-

"Every so often someone posts some silliness about Jake; the answer is a simple one."

It may have been a simple one but not easy. Look at the torment on Woodrow's face during the hanging.

You also failed to mention that Jake was horrified by the killings. Remember when he said something like "You just killed 2 men for a watch?!"

I do generally agree with your comments although I don't think there was any "silliness" in my thread.

Have you ever seen The Virginian?-

http://www.imdb.com/title/tt0039082/?ref_=nv_sr_3

Steve Andrews (Sonny Tufts) is a character very similar to Jake. He gets into trouble, into debt and sides with rustler Trampas to steal horses from the herd. He is caught and asks The Virginian to let him go. He offers to leave the territory immediately.

Steve and 2 of his rustler pals meet the same fate as Jake. And like Jake he died well. Steve and Jake faced their sentence like men.

I don't know about you but I wish they could have been spared. I understand, however, why this was not an option.

I think you and I are on the same page Captain.

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Dan was going to shoot Jake if he decided to back out and leave. He felt he had no choice but to stay with them.

Yes, no time to apply 21st Century sensibilities. Like I said, people's thinking was skewed and backward back then. Unless your name was Sigmond Freud or Albert Einstein, you didn't spend much time thinking or reflecting on things. Main priority of 90% of the population then was staying warm and fed!

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By dismissing the 19th century's thinking as "skewed and backward", you do precisely what must not be done by modern observers- you impose the standards and values of the 21st century upon people with completely different values, presuppositions and beliefs. It may shock you to learn this, but 21st century Western people haven't cornered the market on correct and right thinking. The people of 100 years from now will no doubt chuckle at some of our fondly held sacred cows, and dismiss US as skewed and backward.
In much of the West, the concept of Law and Order could not apply. Often, the inhabitants of the Frontier West had to choose BETWEEN law and order. The law might dictate that the Suggs brothers and Jake should be put on trial for their misdeeds. Fine, but how would Gus and call accomplish this? Where, for example, could Call and Gus take them for a trial? Any town marshal would be unable to arrest them, because the alleged crimes occurred outside of town jurisdiction. A federal marshal would also have no jurisdiction, unless the crime occurred on federal land (Gunsmoke got this totally wrong). unless the crime scene was part of an organized county, no sheriff would be available to make an arrest, either. Men like Gus and Call, being self-sufficient and capable, would choose to fill the gap and administer rough-and-ready justice; extra-legal, perhaps, but decisive and just, nonetheless. in other words, in the absence of law, order was imposed by extra-legal means.
Now concerning Jake's desire to leave the Suggs brothers and their crime spree, I ask you- what do you suppose Call or Gus would have done in like circumstances? I can tell you. There would have been a flurry of gunshots, dead outlaws lying on the ground, and one lone ex-ranger would have ridden away. Gus and Call both had a rock-solid moral code that could not tolerate even being in the same vicinity as the Suggs brothers. Jake had no such solid core. Jake wanted to leave after he agreed to join the Suggs brothers in criminal activity. He bit off more than he could chew and wanted out, but that doesn't get him off the hook, he aided and abetted the crimes, and was guilty, in both a moral and legal sense.

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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I agree its hard to question 19th century actions by 21st century standards. Jake's hanging seems to be the most controversial issue in Lonesome Dove, at least on this board.

I mean from a universal stand point did Jake deserve to die? Probably not. I don't necessarily think that not being enough of a badass to fight his way out of a situation like that is worthy of a hanging. Essentially after so long he was a prisoner, only staying with that gang because they'd kill him if he tried to leave. I don't think anyone can argue that Jake would have done these things on his own, probably even the younger Suggs brothers wouldn't have. On the other hand he rode with them in the first place knowing they were going to commit crimes, even though he was horrified by what they ultimately did. I think Jake deserved a stretch in prison, but not to die. Its pretty safe to say America's legal system had not evolved into a more develop one at that time. But I don't fault Augustus and Call for hanging him, because as they pointed out, a judge would have hanged him too unless of course they lied for them as there would have been no witnesses to testify that he was ever with the Suggses, and Call and Augustus had to strong a sense of justice to do that.

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[deleted]

Gus assaulted the Barkeep and fired his pistol recklessly in a public place because he felt disrespected.


Yeah this was probably overboard, nobody said they were perfect. Call didn't seem to approve of it though, he told Gus he was lucky he didn't get thrown in jail, course the guy was rude and nobody likes a rude bartender.


Call almost beats a man to death because he lost his temper.

The man assaulted two of Call's men to the point where they were knocked out, and was whipping a third with a quirt trying to steal a horse. I'd say the attack was justified. Probably would have done no good to call the authorites or the sheriff, as the man he attacked was an army scout and the sheriff's department was unlikely to want any part of the Army.

They weren't in any hurry to hang Jake when he was on the run for killing a man.

Well, he had just come back at that point and Jake told them it was an accident (which it was), I guess at that point they were still willing to give him the benefit of the doubt. It was obvious later on they were fed up with him after he let Lorena get stolen and just went back to card playing, and then went along with five brutal murders. It just really proves that Call and Gus were capable of giving people the benefit of the doubt to a point, but Jake kept screwing up and they finally said enough was enough.

Barlow was a criminal from Mexico but they had no plans on deporting him.


You mean Bolivar? This is an interesting point but its sort of hard to judge since there was nothing ever specified that Bolivar did. Just that he was a bandit.

Deets was a runaway slave but Call and Gus overlooked that.

I hardly think anyone would fault them for this. They obviously cared for Deets a lot, he'd been with them for a long time. For them to protect him from slavery is a far cry from any sort of failing. Any decent person would.

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I agree with this. Jake did cross the line, with the aiding and abetting. It wasn't just about stealing horses; it was about allowing those murders to take place. Both Call and Gus would have stopped that, or died trying.

The thing is, Jake did not have the inner bravery, the outer skill, or the moral center that Gus and Call had. What Jake had was basically a reputation; and the shot that got him that reputation was more or less a fluke of incredible luck. His reputation was made better by the fact that he was a former Texas Ranger, and that his Ranger companions were Gus and Call, whose reputations were spot on.

Jake was not reliable, or a good judge of character. Jake would take the easy way any time he could.

That's fine if he's just gambling in a whorehouse. It's not fine if he's riding around with a bunch of bloodthirsty killers and too weak-kneed to stand up to them.

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I agree as slavery was wrong, yet harboring slaves was still a crime. Why wouldn't anyone fault them? The South was full of Slave ownership and very legal at the time.

I'm not trying to sound right its just my opinion.


No, actually it wasn't. Lonesome Dove took place in the late 1870's, years after the Emancipation Proclamation had been issued. So actually slavery was no longer legal and therefore harboring slaves was no longer illegal.

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[deleted]

Call didn't know the other two Cowboys were assaulted, All he saw was Newt getting quirted and he went Berserk. Even Newt knew what the Captain was doing was wrong and that's when Gus intervened. Call would have killed the Army Scout and that is not justification for a few horse whips. The US Calvary was within the law to requisition horses from the public. The Army would have paid for the horse, therefore it wasn't stealing. There was no Sheriff in that scene so I can't comment on your hypothetical thought.

Again wrong, even the army can't lawfully deprive people of any property without due process or a court order. That you pay for it doesn't matter, you can't force people to sell something they don't want to or its still stealing. And actually Call did know the other two cowboys had been knocked out, or at least in the novel he did he saw Dish and the other guy on the ground, so he was defending them from an assault. The only thing he did wrong was to keep beating him after he was subdued and Gus intervened.

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[deleted]

The only thing he did wrong was to keep beating him after he was subdued and Gus intervened.


I think we're meant to understand that Call was so blinded by rage that he couldn't stop; and the cause was that he saw Newt being attacked. I think he knew Newt was his son. Gus knew too. And he knew better than to try to just walk up to Call. He had to get him with the rope and pull him off, and even then he kept his pistol handy in case he had to whack Call over the head with it.

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I just finished the movie for the first time last night. It looked to me that they were startled that Jake kicked his horse and hung himself. Part of me thinks they were just going to scare him. That thought is supported by the looks on their faces.

I might be wrong (probably am). But that's my take on it.

Come with me if you want to live.

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Their looks reflected their grief at the loss of their friend, not surprise at his kicking the horse himself. They were emphatically NOT just trying to scare him, they were intent on hanging him. They weren't happy at the thought, but Jake "crossed the line", and they couldn't let him off the hook.

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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not surprise at his kicking the horse himself.


You said "his" kicking the horse. I love you for that. An educated man.

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"Every so often someone posts some silliness about Jake; the answer is a simple one."

"Their looks reflected their grief at the loss of their friend, not surprise at his [sic] kicking the horse himself."

You are a jackass Captain_Augustus_McCrae. You have an I.Q. of some 2 digit number. You should change your username because Augustus McCrae was smart. You are unworthy of using his name or his photo.

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I disagree. But I do have to wonder what level of IQ is needed to pick out your username.

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I'm not being a bleeding heart liberal, but think it's ridiculous that Jake was hanged by his own friends because he was caught with the wrong group. Suggs held him at gunpoint! But Gus and Call felt they had no choice and had to abide by a certain code of honor just because they used to be Texas Rangers and there was no time for a courtroom or rational decision if they found somebody in the wrong place at the wrong time. It's obvious they regretted it!

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[deleted]

Did I hear a dog barking?

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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I'm reminded of the proverb "He who walks with the wise grows wise, but a companion of fools suffers harm."

I do think Jake deserved justice for the brutal murders he went along with. He knew perfectly well the kind of men he was aligning himself with and it cost him. It's sad because we like Jake. Jake isn't all bad and he isn't all good. He's got both admirable and questionable/immoral qualities.

It did always give me pause that Call and Gus executed Suggs because of his killing and thievery when they were horse thieves themselves. I suppose they justify it because as Pea said, they were just stealing them back from the Mexicans who had stolen them from someone else. However, their primary reason for the hangings seemed to be the murders, while the horse-thieving was more of an after-thought.

Someone called the Captain's morality into question by citing the fight with the Army Scout. I'm wondering if that person is a parent. If I saw someone hurting my kid, you can bet I'd go into a blind rage, too.

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" Suggs held him at gunpoint!"

Jake also had a gun, which he used to help kill sodbusters instead of the men he was riding with. Men who he fell in with willingly, knowing they were dangerous outlaws.

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Gus summed it up pretty well I thought with the "A man who will go along with 5 killings is taking his leaving pretty slow".

~Sig~
Proud member of the Facebook Let Me In group, DoYouLikeMe.proboards, abbyandowen.webs.com

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Ah, I was going to quote the same. Couldn't agree more. He was a Ranger. He could have taken them on with a plan, but he didn't. Like Gus once said, Jake always needed take care of - not the other way around.

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I agree with Captain_Augustus. Keep in mind the background of the Rangers.

The are accustomed to being judge, jury, and executioner. It wasn't strictly legal, but it was often the only way to do things on the frontier.

1) Livestock stealing: To Gus and Woodrow stealing livestock form Mexican ranchers was not stealing under the law. Since they crossed an international boundary to steal them in Mexico they were not committing a crime under any U.S. legal jurisdiction, except crossing the border without a passport and customs clearance. Such depredations appear to have been common in the border country of the old west. The cowboys in Apache County and later Cochise County, south eastern Arizona Territory gathered herds this way. Local town people criticized them and the U. S. Army would have arrested them had they caught them crossing the border, However, local butchers bought cattle from them and the Army not only bought cattle, but also horses and mules

2) The fracas in Ogalala: keep in mind that the officer in charge of the detail did not arrest, detain, or even question Woodrow. He didn't even go to local law enforcement. He followed the advice of the Rangers, gathered his soldiers and rode away. He knew which side the law would come down on.

The actual legalities were not very different from today. The legal authority with the proper jurisdiction would likely have disapproved of their behavior, but the jurisdiction would get confusing. Where and when were they under town law, county ordinance, or federal jurisdiction?

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Nice post. I also agree that Jake's hanging was justice. He was essentially an accessory to several brutal murders, and he knew better. Jake was weak. I think both Call and Gus wished Jake had not been with those men; but that was not in their control.

I don't think they hanged him simply for horse theft; it was the killings.

I think the reason horse theft was a hanging offense in those days was based on the importance of the horse(s) to their owners. People needed them to work their farms -- horses were transportation; often to safety. Having your horse often could mean the difference between surviving and dying. Earning your living, getting places, = serious stuff.

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Maybe it was just me, but I got the impression in that scene, Gus was going to hang all the others, leaving Jake last and then 'pardon' him at the last minute. Figuring to put a real scare into him, making him think he was about to die. That was his intention, but Jake spurred the horse and that was that.

I have never read the book, so I have no idea how this was conveyed there... it just seemed that Gus really regretted that Jake spurred the horse and hung himself.

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The book is perhaps clearer on this issue than the film. In the book, Newt asks Deets, The Captain and Gus aren't going to hang Jake, are they? Deets says yes, adding, The captain would hang YOU if you stole a horse. So there is no question the rangers intended to hang Jake.

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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Jake was a wonderful and complex character but his weakness was always going to be his undoing.

I agree with Call: You ride with an outlaw, and you die with an outlaw.

Jake fully knew he was riding with outlaws and killers, he just didn't think he'd get caught. He deserved his fate but also showed his best self in his final few seconds. It's better than nothing.

Jake could be likable but he was not a good man -- he was weak and able to be easily led into darkness, and I thought the miniseries and book showed that very well. I also loved Urich in the part and thought he was perfect casting.

~~~~~~~~~~~~~~~~~~~~~~~
I keep thinking I'm a grownup, but I'm not.

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I also loved Urich in the part and thought he was perfect casting.


I don't think there has ever been a better cast for ALL the parts.

Angelica Houston as Claire, I can't imagine anyone else for that part. Danny Glover as Deets, again... he was perfect. Steve Buscemi.. nailed it! Barry Corbin, perfect again! Wes Studdi! And dozens of other supporting cast... I don't think I have ever known of a mini-series that did a better job casting. Absolutely Epic!

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OOps! Wes Studi was not in Lonesome Dove.

"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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Oops! You are correct! Well, this omission might be the ONLY flaw with LD casting!

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Jake did cross the line. It wasn't just about stealing horses; it was about allowing those murders to take place. Both Call and Gus would have stopped that, or died trying.


That sums it up. In today's world, the guy who drives the getaway car in a murder gets the same sentence as the one who did the actual killing. Jake was clearly an accessory to murdering the sodbusters. You damn well better believe he deserved to hang.

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Twice the outlaws threatened Jake's life if he tried to leave. He was outnumbered.

In real life he would have been spared or at least been given a trial.

Gus having to hang his friend made for good Hollywood drama.

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Twice the outlaws threatened Jake's life if he tried to leave. He was outnumbered.


Jake was weak. His reputation as a Texas Ranger rested on one lucky shot in the past. He was not reliable; he was not confident; he was needy; he was selfish and fearful; his moral backbone needed serious reinforcement.

Both Gus and Call were in situations where they were outnumbered, and came out the victor. That's because Gus and Call were both dangerous, capable men. Jake was not. The Suggs brothers and Frog as well would have been dead long before if they had tried those shenanigans in the company of either Gus or Call.

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^ this


"It ain't dying I'm talking about, it's LIVING!"
Captain Augustus McCrae

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He needed to be hanged .. You ride with an outlaw , you die with an outlaw .. In some cases today that still stands .

"A man that wouldn't cheat for a poke don't want one bad enough".



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[deleted]

I think Jake was a very interesting character. He clearly had a moral compass but not always had the spine to admit responsibility. When he shot the dentist, he fled straight to Londsome Dove to be protected by Call and Gus. When he got there though, he did admit to being in the wrong "but I DID kill him... bad luck all round". I think be thought he would always be protected by Gus and Call no matter what, which was a shock when they hung him. The first time I read the book I was hoping they were just trying to scare him, and at the last moment let him go. The fact they didn't shocked me. I think this was used to highlight that Gus and Call were very different beasts to Jake, no matter how much they loved each other.

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I think Jake was a very interesting character. He clearly had a moral compass but not always had the spine to admit responsibility. When he shot the dentist, he fled straight to Londsome Dove to be protected by Call and Gus. When he got there though, he did admit to being in the wrong "but I DID kill him... bad luck all round". I think be thought he would always be protected by Gus and Call no matter what, which was a shock when they hung him. The first time I read the book I was hoping they were just trying to scare him, and at the last moment let him go. The fact they didn't shocked me. I think this was used to highlight that Gus and Call were very different beasts to Jake, no matter how much they loved each other.


It really comes down to what Gus said -- Jake crossed the line. Gus and Call did not WANT to hang Jake; they didn't get any satisfaction out of it. But Jake had a moral responsibility to prevent the Suggs brothers and Frog from committing their truly awful crimes. They were sadists and murderers. They were thoroughly bad men; and Jake did nothing to stop them. He was afraid of them. Jake was weak; and he did not stand up and do the right thing. People were murdered in Jake's presence and he allowed it; made no real effort to stop it. Neither Gus nor Call would have just stood by and let innocent people be murdered.

Jake should have never taken up with cutthroats like the Suggs brothers. He became guilty. He was an accessory to murder. His hanging was justice; though it sorrowed Gus and Call to have to be the ones to mete it out.

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I doubt Jake's passivity, or sins of omission if you will, would ground criminal liability as an accomplice or accessory to murder. He signed up to rob a bank, whose robbery was never attempted. He did not sign up to kill farmers, and he lent no meaningful assistance to the commission of Suggs' murders. Even if he were convicted of any such offense, a court would be likely to sentence him to something less than the maximum, ie not the death penalty. It would be a curious moral view that held his actions to deserve a punishment more severe than the law would impose. We are not debarred from making a moral judgment about a past event according to the lights of the present day - for example it is, I would suggest, allowed for us now to say that the whipping of slaves was an immoral action in the mid-nineteenth century (or before), even if it was widely condoned at the time. So the most reasonable answer to the original question is surely: yes. The various admirable qualities of Call and Gus, undoubted though they be, are not relevant to this. Of course in terms of pure drama, it was right that he not be spared, it makes for a particularly strong scene.

I beseech ye in the bowels of Christ, think that ye may be mistaken.

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If I'm understanding your post correctly, you're providing an example of acceptable past behavior (whipping slaves) with unacceptable current behavior (it's immoral and not right to whip a person in that situation).

But, of course, the present is not the past. Currently, horse theft is not a capital crime; but it was in the time period Lonesome Dove is set in. We have to look at events in the novel and movie from the perspective that it is taking place in the Old West. Based on that, Jake was guilty. A code of behavior was expected of him, particularly as he was a former ranger. He failed.

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Let me suggest that with the phrases 'acceptable past behavior' and 'unacceptable current behavior' there is some risk of equivocation; it would perhaps be clearer to talk of 'behavior regarded in the past as acceptable ' and 'behavior regarded in the present day as unacceptable'.

You express the view that if we make moral judgments about actions that are supposed to take place in the 1870s those judgments must be in accordance with the moral lights of the 1870s. But actually, one has a choice. If you restrict your moral horizon in this matter to one illuminated solely by historic lights, that is your choice. Similarly, I may elect not to be constrained in such a fashion. As I said before, we are not debarred from making a moral judgment about a past event according to the lights of the present day. I wonder if you might be tempted to take a different view in a slightly more concrete case nonetheless exemplifying the same principle. (This could be considered a separation by space rather than time, although some would describe it as a separation by time warp. But I digress.) Suppose there was a culture in which young girls were routinely sexually mutilated before they were capable of any informed consent, or even against their strongly expressed will. Would you say that, such practices being in accordance with the moral lights of that society, it is incumbent on us to regard the practitioners in those lights alone (so we must uphold their actions as moral) rather than judging them by the lights of our society? Perhaps you would, or perhaps not... I find I do not have to think very long about this issue.

Notoriously the terrain of retrospective judgments can be tricky. Many people have denounced someone like Thomas Jefferson for his slave ownership (albeit ownership with a troubled conscience), and it does lessen my admiration for him, but rightly or wrongly I find myself making some kind of allowance, and I find it impossible not to admire him anyway.

By the way, in a different thread I noted that although horse theft in the US might have remained a capital offense in the statutes in the 1870s, there is some reason to believe that in practice no-one was lawfully executed for it after 1851.

I beseech ye in the bowels of Christ, think that ye may be mistaken.

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