The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1864-03-18
Capital Punishment.

tive committee to whom was reierred that
portion of the Governors message recon-
mending law to fix day certain Tor tho
execution Of persons convicted Of capital
crimes, have held several meetings to give
the friends and opponents of the measure OPP
portunity for discussion. After long and
careful elaboration, this committee stands
more than two to one in favor OF reporting
a bill making it pcrcmptory on the Governor
to order the execution Of condemned muir
derer ut the expiration of ono year after SEN
tence, unless he thinks there is sufficient rea-
son to commute his punishment. We have
no doubt but that their decision meets the
hearty approval Of thrce-fourths Of the pco-
pie Of this State. "
Yet the proposed measure has had strong
opponents who have brought much ability to
its discussion. Prof. Upham Of Bowdoin
College seems to be. the chief objector to the
Governors Recommendation, and while he
has brought great learning to bear in stating
his objections, to our mind he and his col
leagues have failed to establish rs fact that
capital punishment for capital crimes is
wrong, that Imprisonment is sufficient rene
dy for such crimes, or that the safety of the
community docs not impcra,iycly demand the
adoption Of the Governors proposition.
The first great error in the arguments OF
the opponents of capital punishment seems
to be that they would legislate for society as
it ought to be, rather than as it is. They
also admit the forcc Of analogy only when it
can DO applied avorably to their theory, and
the goodness Of their hearts overfows in pity
for the criminal, to the forgetiulncss Of the
victim, in whose person every individual Of
tho body polite is injured. But the incon-
sistcncy docs not end here, for while they say
that executions are barbarisms, not allowed
by the divine mercy Of Christ's teachings,
they also assert that imprisonment for life is
mucl, moro terrible punishment for the cul-
prit than death! II death is the only evil
to be avoided, and society Is protected by fear
Of the punishment which is more terrible
than the fear Of execution land the fear must
be greater in order to be an equal prcycn-
tirc), should Imprisonment itself fail, per-
haps certain degree Of torture might be
added with equal consistency.
The statement has been ma6c by our con-
temporary Of the Portland Press, that invicw
Of the fact that tho religious sentiment of
the present day is utterly opposed to capital
punishment, (what superior advantage he
has for knowing, is to US unknown) tho Leg
islaturc should dismiss tho subject before
them. Tho lions Advocate in its last issue
well says. that "the punishment OF death for
the wilful murder Of fellow being is en-
joined both by the human conscience and the
Word Of God. No subsequent command
has annulled the original Divine injunction,
and in tho changing circumstances OF human
history the protection OF society has demand
cd tho infection Of the death penalty for the
crime Of deliberate murder. The benign in
nucnces of religion and higher civilization
have tended to remove the needless seventies
connected with the inliction of tho fearful
penalty but the removal Of tho punishment
itself has generally been tho dictate oil sen.
tlnental pity that would make martyr OF
the criminal, and leave society a prey to the
malignant passions of the robbcr and assas'
sin. The fullest experience Of our own and
other communities proves that the prospect
of life imprisonment in tho darkest cell ever
constructed by human hands, will not deter
the murderer from his career OF crime; and
when to this immunity from punishment is
added that false sentiment which would hold
every criminal merely rs an crring brother
and the victim Of circumstances, we may well
fear the result Of the general prevalence OF
such morbid pity and false philanthropy.
Human life should DO held too sacred to
be trihed with, yet tho dcfenceless assurcdly
ought to have their lives protected agains
the violence Of the outlaw or the snarcs OF
the secret murderer. That is n misplaced
pity which would shield the assassin and leave
his intended victim without protection I; and
experiment has shown that no pun
ishmcnt save that appointed by Divine wis
dom will afford the protection which society |
requires. Almost all human governments
from the loves. TO the highest-whether
taught by nature or revelation, have held the
common sentiment, and Incorporated it into
their system of civii law, that tho murderer
should be put to death and to designate as
barbarous that which has thus received tho
sanction Of both divine and human law. is
the dictate Of presumption rather than OF wis
dom and humanity"
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