The Portland daily press., 1864-03-18
History OF the Recent State Law Relating
to Capital Punishment.


to Capital Punishment.
In his message to the Legislature Gov. Co.
ny suggested that the present law OF the state
in relation to Capital Punishment, requiring
one years delay after sentence before eXeeu-
ton eau take place, was doubtless intended to
give time for repentance on the part Of the
culprit and for the correction Of errors should
any be developed during this delay. We took
occasion to suggest that the Governor labored
under mistake Ia this matter, and we stated
what we had understood TO be the reasons
which operated to secure the present form OF
the law. We find in the last number of the
Maine Farmer, from the pen of the editor, an
elaborate article on this subject, in which the
origia of the law is stated substantially as we
have already stated it. 1t is from DIR. Holmes
OF Winthrop, who was a member OF the Leg
islature that enacted the law, and we think al
SO of the special committee that reported the
bill. DR.. Holmes says:
In answer TO long continued and repeated
petitions OF a majority of the people, some
twenty or more years ago, the subject OF abol-
ishing capital punishment was taken into con-
sideration by the Legislature OF that period
1t was louad; in order 10 answer the prayers
of the petitioners and completely abolish
the death penalty, it would become necessary
TO change one OF the articles OF our constitu-
ton which says all persons, before convic-
ton, shall be baabIe, except for capital often
ces where the proof is evident or the presump-
lion great" If this were done, il would at
once render some crimes, murder, for instance,
q bailable offence. This would not be very
safe operation. The most ardent advocate for
the abolition of the death penalty would not
like to see a ferocious, heartiess murderer
stalking abroad in freedom among us, because
he has money enough to satisfy the require
ments of bail and 90 unwhipped Of justice
through the influence Of the almighty dollar.
So the present system was devised, viz:
that on conviction, the culprit be sentenced TO
be hung after one year-the day of execution
to be determined By the Governor and Coun-
Gil, and the criminal to be sent, in the interim,
to the State prison. Although the law pro-
vides that the Governor aud Council shall or
der the time for the execution Of the criminal,
we knop, for we were. at the time of the dis
cussion aud passage of the act, in a position
where we had a vote to give on the question,
that it was not intended for them to take any
action in the case, unless extraordinary and
positive circumstances demanded it. 1t was
the intention to do away with the penalty so
far as it would be safe to do SO. The idea was,
TO keep the community free from the presence
and safe from the murderer's hand, but TO let
him live with the sword of justice suspended
over him, ready to drop If any uncommon &C.
currence or circumstance should make it abb
solutely necessary.
Under this arrangement, although murders
have been committed among u.s. and the muir
derers convicted, none have been hung, and
yet society has been relieved of the presence
of the villains and rendered as safe from any
danger of their repeating the crime as if they
had been actually hung and buried, as was
-a-.Aa ia aldan time. We advocated this sys-
tam al the time of Is adoption, We advocate
it now. We respectfully ask II it has not
worked well? We are aware that the great
argument for return to the system to meet
illegal murder with legal murder, is, that muir
ders have increased in consequence OF thus
virtually abrogating the gallows. With all
due respect and Difference to the high author
ity, by whom this statement is made, we deny
the truth of that assertion. Murders have
taken place-not because there has been no
hanging-not because we have no gallows nor
gibbet standing forth in public as a terror for
evil doors. We eau bring statistics and his
torical facts to prove that the gdliows never
had any terrors for such nnds-that when
aud where there was the most hanging then
and there murders and other capital crimes
multplied-that where moral instruction and
training increased the supposed necessity for
the gallows decreased. If, therefore, there is
an actual increase OF crime among us, it is
owing more to the neglect Of and lack OF that
moral and religious training ia the commune
ty than to the lack of gibbets.
But don't we have schools In almost every
corner of the State, where the young are
taughtp Yes, we have done well in providing
for these invaluable institutions. but somehow
or other, OF late years, these very schools have
spent more Of their energies on the brains
than on the hearts Of the pupils There's
the rub
intellectual culture, instead OF moral and
religious training, has been the order of the
day, aud hence it is not strange, it, in the
midst Of all the light and knowledge we boast
OF we should occasionally be startled and
panied by the cry Of murder among us.