Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1864-01-15


st the laws prescribing the punishm mt OF cap
!. tai offences, u provision that persons col
! yicted thereof should be sentenced t. soiiai
c confinement and bard labor, in the Sta
q Prison, until the punishment OF death slIeul
;, be inflicted which is forbidden to be execute
- within year after the sentence or judgmen
it From that time to tie present. no Grimm
0 has been executed ia Maine under the law
c of the State.
To exempt magistrate from the neccssit
t OF participating In the enforcement OF
law which deprvcs a human Being of ltie
, must he grateful to hJs humane scnsihilitlts
{ Ii is not, h 0wcscr, a question OF what !
, agreeable or painful, In othcih duty, Will
which we are called upon to deal in thl
matter but it is a question OF what that dat.
, is. BY none Of the ordinary rules OF inter
probation applicable 10 statutes, can any 9th
err conclusion be arrived at, thtn that tn
purpose of the modification Of the law wa
to aIfIrd the capitally condemned criminal :
year of grace, after conviction and sentence
as period for repentance aud preparation
for the doom awaiting him, and likewise ar
opportunity for procuring proofs, il sucl
should exist, that the conviction had been
The duty imposed en- the Chief Magistrate
/ by the terms OF the law, after the expiration
Of tho year OF grace, remains prescrlhei in
/ the same language MS it WIS before the intro
/ ductiJn of that IN ,dificatibn. Prior to the
change. the Governor was repaired t. fix
the day and issue the warrant TOR the ex'cI-
ton, the same duty IS still Impose upon him
IN precisely the SANE terms, except tina: IT,
stall not d. SO till the expiration Of y'ay
alter sentence. II anything more were ncet-
Ell to strengthen tais Conclusion. it IS q b.
foun in tie legislation Of lSio. prescribing
hy whom execution shall he done upoa cria-
inals condemned to d5ath Tho Shalt be pres
ent Is witnesses, ana other details, al o.
which legislation WAS rc, Grated and e atirm
ed in the revision OF tie public 'ams IA lN31
The embar rassmtnt in this IN ttter arises II /
81 much fr 5m any diff suiti,s IN the law, rs
from tic fact Oi its rou-eufJrccmclt Tor
tsetty years.
Duiing this period the number Of fclnns
convicted Of capital of'uces, la. most dis
praportioaateiy increased over the tw1 pre-
yt5Is decades, there being at this tim IN the
State Prison, under sentence Vt death, ~
less than twelve convicted muTle ers. Oae
of these has been Imprisoned about twenty
wears, and others for shorter terms. In all
these cases. the omission tn commute their
punishment, leIv,s the criminals subject to
the extreme penalty Of the law, Deserving,
As they doubtless were, OF It's inlictlpn, at
this late day, - require the Chief MagIstrate
Of the State to issue the warrants FIR their
execution, would c :gtrdcI as iIttlc short
+ cJ!l 81 . led, yiadictne murder. What
then shall be done?
The argument most relied on by tn, adso
Gates Of the abolition Of capitii punishment
that the safety OF society would bt as well
assured by the imprisonment as by the death
of the criminal, in cons quencc the in
creased certainty OF conviction ana punish
ishmcnt resulting from its abolition, has been
signally negatiyed by the statistics OF crime
in this State.
The following isan extract from c1mma-
nication made to me by the Attorney Gcner-
al Of this State
i" Murl i. alarminsly on tic Increase
During the past year ttc.s have bsan tire
death sentences Two ycrdie;s OF guilty OF
murder in the first degree III addition wH.cI
have not come to sentence one in iietei t1r
murler, died before trial one ia.ictsi for
murder in the second gree. n limited -
BAIL one faHl guilty fox mtns!ta., hter cn
au inaictmaj.t or murder; on other trI.,
, for nuri r (Which it was admitted S'4ta 0t.e
/ had conmitteil. but thu jury disagree! AMI
+ two are IN Jail i,r murder ii; III iictcd
Oae Of those convictions furnishes me.an-
cduly evidence that those 20 waC~c custody
IS committed the criminals eond muei I
death, are not SAFE from hom;eidal assault.
4 warden Of the State PRISON has alien a
+ victim to brutal violence aud though Ii.
+ lie was not taken by 4 criminal az the timt
condemned to death, it equally illustrate
the fact, that were inprls 3anIeHt tho cHtr 'IGs
penalty, the lives Of the Officers would haY,
20 protection in the law, lr it has alre. L
INFLICTED its utmost yeur anee. submit
gentlemen, that this IS u fearful record. /
is time that the complications which lerple:
this subject should be uurageiic!, All! thl
the measure OF the punishment tr the erin
Of murder. SHOULD hc male certain.
With re. .rd 10 those who haze b en- ca
yicicd in former years, and are nlw in pris
on, their year OF grace having expired, c1m
muta lion OF their punishment TO impris IA
ment for life, would dispose of the cmo.rras
III mt growing out Of their numbers, and Il
delay to execute. the law upon them whe
! the knowledge Of sher crime was fresh in tn
public mind, aid t.ic justice of the ranlsh
ment would have been fully recognized. -
This much would devolye upon the Executive
For other cases,sict the legislature fix a ia
certain, after the expiration Of the year {
gra5 e, on waieh execution shall be done W
on The criminal ctpitally convicted, leivin
no discretion in u Chief Magistrate, but t
issue the warrans for execution, unless Gil
cnmstauces shoIJ demand his int rfcrenc
! as an act Of asetk ami mercy.
soixrERs' VOTING.
. The justice Of extending to our citizen so
} diers in the field an opportunity FOR exerci
ing the ri mt of suffrage in our elections h
been considerably discussed and geaeraIl
! conceded. The experienee of other Stat
: goes fully to establish tue fact that tie vot,
E of the soldiers may DO 81 taken as to pr
!, clude either fraud or abuse upon the elvcts
E franc Because znan Tor the time b
n ing becomes saldEr in defence of all til,
is dear toxbe citizsa, his interest in the We
4 fare of tI6 state animation is neither chan;
. ed nor diminished bu, ratl,s, uusm ,ntei AL
t Intensified by his eprsecration Of himself
\ the peril Of his ia h. their service VII,
then. should he ~ fba psr.nittsd, wharev,
q he NAV be, upon4ke happening of an eie
$ ton at home, to enjoy the consideration of
a citizen, and cast his billot? And WI
J, should he be denied the privilege of helpir
: to shape the policy OF the government
r which his interest Is certainly not less tina
i that OF thos, remaining securely at their FIR
!, sides ? On the return Of the soldier to Ii