The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-03-11


eye for an eye "a tooth for TOOTH The
criminal has killed man,-let him be killed
in his turn, and the account thus fairly set
tied and balanced between them. / answer.
than the Infinite, is an impossibility. Abso-
lutte justice implies perfect knowledge of all
the facts in the case, of all the motives in the
case, Of all the temptations which led to the
criminal deed, of the secret as well as open In
juries of the other party, Of the important IN
cidents and influences of parentage and early
education, of normal and abnormal conditions
of mind Bossuet, in one OF his fuperal Ora
tions, begins by exclaiming, "Goa only IS
oreat" Certain it is, that God only is great
enough to understand all the deep and hidden
influences, which must furnish the basis Of
absolute justice. And hence it is, that true
statesmen, legislators, and sociologists, in the
discussions and establishment of Criminal
Codes, have almost unanimously taken the
ground, that the true object OF such Codes is
the protection of society, rather than abso-
Lutte justice, which both reason and the Scrip
lures leave to that higher Power, which alone
"knoweth all things"
And besides, if the doctrine of the old times
was, a "tooth for tooth,"-in other words,
an exact punitive repayment both in kind and
degree the doctrine of the later and better
Dispensation, il, that severity should be tenn
pered with love, and that there is no justice
where there is no mercy.
@. And further, let those who are in favor
of restoration OF the old Barbaric mode. re-
member and seriously consider the sad fact,
that the system of Capital Punishment, in its
unmodihed and unrestricted form, has always
been perverted in the most dreadful manner.
The friends of the Gallows ought to be read
ers OF history The history of Capital Punish
ment. whether by the galows, or the scyme-
tar, or the guillotine, or by being thrown to
wild beasts, or in any other way, has but lit
tie and almost no relation to justice. 1t is
form of punishment which strikes at human
ty, both the good and the bad, almost with
out discrimination, because it renders furious
and maddens to a partial insanity the red
hand that wieds it. Place this dreadful in
strument in the hands Of those of whom bet
ter things might be expected; and in times
of great party excitement, in times Of reyolu-
ton, in seasons of war, especially civil war,
nobody can tell where the blow will fall. 1t
strikes all classes ana conditions. The inno-
cent and the guilty bleed together. 1t leaves
Barrabbas and it crucifes Jesus. This is not
Imagination, but fact. Read the code of ORA
co, and the death of Socrates. Read Josephus
and the scenes which attended the overthrow
of Jerusalem. Read the history of Sylla and
Marius, of the Roman Triumvirate, and of the
terrible events of the French Revolution, not
its battle-6elds on the confines Of the Repub
lie, but its guillotne in the centre of its civil
ization. ! might refer to the reign of Henry
VIII. of England, to the days of the Fronde
in France, the terrible scenes of the Inquisi-
ton, the bloody history of the South Ameri-
can Republics, the one dark page in the his
tory of the Puritans of Massachusetts. The
enumeration is endless. Capital Punishment,
except when modified as it has been by the
true and generous wisdom of the State Of
Maine, is not an instrument of protection and
justice, but of terrible wrongs and Of bloody
despotism.
Z. This is but the beginning of what may
be said on this subject; but we leave it now
with single word further. 1t is this. The
Spp9ssSa to caRta Pp Jds in i; I'D I'D
a freak of the fancy, but a conviction of the
judgement 1t has its origin in the teach
ings of history, in the progress of ideas, in a
higher Christian civilization. And we hope,
therefore, it will be understood, that, with
our present views and with all respect to those
who think differently, it is impossible tor us
to abandonit.
We feel, however, that we have some ground
Of complaint. Many of Of us, and probably a
large majority, voted at the last election with
the Republican or rather the Union party, on
the understanding, that many questions which
have divided us, should be subordinated to the
one great object ofrestoring our divided Re-
public. The question OF the restoration oft
Gallows has been thrust upon us unexpect-
eddy. We had no notice, which was avala-
BILE at the ballot-box. Our votes, our thoughts,
our feelings,-all were demanded for the ma
tional contest; and We thought Of nothing else.
Not a member Of the Legislature was chosen
to it, with any known and public reference to
the restoration of the GalIows. Whether it
would be right TO attempt to restore the old
method of Capital Punishment under such
circumstances,-in opposition to the convic-
tions of large numbers ofthe people, including
whole denominations Of Christians, without
public discussions in the presence OF the mass
es and without an appeal to the ballot-box,-
We leave to the candid members of the Legis-
lature to judge. MAINE.
An Interesting Occasion.