The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-03-11
Capital Punishment.
theFditor of the i,res.;

Maine, feel an interest IN the discussiohs
connected with the proposed restoration oil
the old method of Capital Punishment. am
ahumble citizen; and in wishing to express
my opinions frankly and simply, have no mo-
tive but that of the promotion OF truth ahd
the general good. The present method seems
to me preferable to the former; - more
consonant with truth and right, and more
beneficial in its results. | shall be brief In
my statements, because know your columns
are already crowded with other important
things.
/. The first objection 10 the old method of
taking life as punishment, ian objection
which believe is universally concedeGi is, that
it is difficult and almost impossible, to obtain
convictions under that system. The reason
of this is, that the evidence, attaching to the
commission Of high crimes, Is generally CIR
cumstontidl evidence. And that important
and indispensable form Of evidence fails TO
have its appropriate weight on the minds of
jurors, in all cases, in particular, where the
punishment is death. The reason of this
failure is, that the punishment, in being an
absolute extinction Of human life, cannot be
recalled or modified, so as to accommodate
itself, in any future time, to any possible error
of judgment. An innocent man dies. 1t is
true, it was an error of judgment on the part
of the jurors, nevertheless, a heavy weight of
sorrow rests upon their hearts, If not upon
their consciences. A weight, which they do
not wish to bear.
2. Another view of the subject. Capital
Punishment, even admitting it to have benef-
cial results in some cases, is, Notwithstanding,
source of great evils and crimes. Such is
the opinion of many observant and rejecting
men and the evils are thought greatly to
overbalance the good. One evil is, that
public execution, conducted on the old method,
assemblies together vast numbers of people,
including all classes Of society, and women as
well as men. And the event, in general is
not one of solemnity; but of unnatural and
violent excitement,-of noise, profanity indie
corum, quarrels, intoxication and other evils.
The human mind loses its balance and reels
under the excitement. Ifthere are any persons
present, as is generally the case, who have
tendency to insanity, the insane tendency is
apt to be brought to the surface and to be-
come controlling. Men become mad and are
known to commit murder with the dead man
hanging before them. If any persons have
doubts on this point, they will find facts and
illustrations in the history of Capital Punish
ments and with philosophical explanations, in
the writings OF Gall, Spurzheim, and others.
But there is another evil of nearly an oppo-
all oh Of or 4
hard hearts are found to become, in the pres
ence Of such executions, harder and more in
sensible. As philosophical problem it may
be difficult perhaps to explain this but such
Il. l,4a-.@-~li----.-s--~ .--l -
casion, instead of enhancing, tends to diminish
their estimate of the value of human life, so
that there is a foundation for the opinion
widely entertained, that, if we wish to in
crease the number Of murderers. we can do
it no more effectually than by allowing them
to witness public executions.
3. But it may be said that we intend to make
our executions private. And il privacy is good
secresy may be better. Atany rate, there shall
be only few present, and those by invitation
and OF the better sort. What then becomes
OF the great argument for Capital Punishment,
namely, the Example? How are the masses
to be benefited? How are the wicked to be
reclaimed? And, besides, human nature has
been outraged, and always will be outraged,
bya death Of violence inflicted in secresy.
When man dies by violence, the human soul
demands publicity. If human being en-
dowed with the elements ola common nature.
is TO be put to DEATH the people will demand
TO see him die, however injurious it may be
to themselves - and flor the reason, that.
though sinner, he is still a man. And they
are right. The necessity of the secresy of Cap
ital Punishment is great argument against
tits sentence of contemplation, ats hand
writing on the wall" The people are Jealous.
And the system of secret Capital Punishment
reminds them of the days of the Inquisition.
4. Look at the subject in another aspect
Those, who favor the existing law, which has
been the law for thirty years and against
which no petitions are known to have been
offered, are charged with having pity for MUIR
derers, and with not having proper feeling
Tor the good and protection Of society. an
swer. Ii the charge has a foundation. If we
truly have pity for murderers, mot for their
crimes, but for their erring and perverted
souls,) our first duty is to thank our heavenly
Father for it. All wicked men are to be
pitied. To pity the wicked and to try TO re-
claim and save them, is the great characters
tic and the browning eminency of Christianity.
Christ had pity on his murderers and prayed
for them.
We are charged, also, with not having
proper feeling for the good and protection of
society. answer. Is hanging the only pro-
lection, except in those supposabe extreme
cases, which are provided for in the present
law2 But the Governor, we are told, does
not wish TO take the responsibility. He is un-
willing to order the refractory and ncorrigi-
BILE prisoner, and whom he believes to be dan
gerous to the State, TO the extreme punish
ment OF death, which the State assigns to such
persons. But who is fitted to take the respon-
sibility, If not the man who is fitted to be
Governor? 1t is for this purpose that we
make Governors, that they may execute the
laws, and within the limits of the law take all
the responsibility which the law imposes.
But how much is the responsibility which is
required! How much has the legislature, in
its wise and noble attempt to reconcile pro-
lection to the State with pity for the wretched
criminal, asked of him in, this respect. He
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