The Portland daily press., 1865-05-25
Capital Punishment for Traitors.

=, On this subject the Boston Unipersaiist, a
paper opposed to capital punishment in all or
binary cases, thus speaks
We have ever opposed the statute INJECTING
the penalty of death for crime. We have
based our opposition on this principle: Self
defence, always iustihable, alone can justify
the death-penalty but self defence does not
require sucI, a resort. In tho oaAo ~ the NAL
den murderer, for example, the plea of self
defence, or self-protection, as reason why
Green should be executed, is absurd. Within
prison-walls, with reasonable precautions,
what harm could he do? If he can there be
secured from doing further harm, then the in
Fiction of death is needless; and if needless,
it is barbarous. Penalties for crime, other
than such as the safety of the community de-
mand, are, for that reason, an assumption OF
power not rightfully within the function of
Lawmakers. 1t is not their function to pun
ish SIN; or even to punish for the sake OF ex-
ample. Their sole duty is to protect the COM
munity. If hanging is needed for this end,
then they should make provision for such a
penalty; if not needed for this end, then they
have no right to institute such a penalty
God Furnishes; lawmakers protect the COM
munity. -
With the greatest criminal in the land in
our grasp. we still reiteI ate @the doctrine
nothing but selEprotectlon can Justify the
death penalty. If Jefferson Davis in the PEN
itentiary, earning his living in the sweat Of
his brow, Is really secure; If the possibilities
OF his escape, of his doing further harm to
mankind, are as few as the possibilities of fur
Their harm in the case of Green, we say, at
once,-it is unjust to hang him; unjust be-,
cause it is needless; unjust because human
government has no rightful power to infict
penalties one iota beyond what the safety of
the public REQUIRES Eswa
But has not the rebellion produced pecul-
lar class of criminals? Are they common
murderers, as easily taken care of, as easily
kept from doing harm, as the wretches con-
victed in our State tribunals? To put the
question direct: Is it certain, is it possible,
even, that any penitentiary in the land can
hold Jefferson Davis? Incarcerate Green.
and not one man in the republic would desire
to interfere for his rescue. Incarcerate Jeffer-
son Davis, and there are at least hundred
thousand in the South who would interfere
for his rescue--would plot, commit perjury,
and murder by wholesale, to secure his es-
cape. If so, what does the always conceded
right Of self-defense say as to the Justice of
the penalty of death for him 1t is the duty
of the government to place every dangerous
man where he can do the community no
harm. II the prison answers the end, then
consign him to the prison. II not, then place
him where public safety can be secured, even
though 1t be needful to erect the gallows.
We hold, however, that 1t Is the duty Of the
Executive to enforce the laws. Even in cases
where we are opposed to the statute, we still
hold that while law, the statute should be
put into operation. The Executive has no
right to elect what laws he will, and what he
will not enforce. So far as the Magistrate is
concerned, he has no option. He must 20 by
the letter of the law, and take no counsel
from his personal convictions. It is the duty
of Governor Andrew to order the execution
Of Green, unless official reasons call upon
him to hesitate. President johnson has his
duty also defined 1t is written in the Consti-
tuition and the laws. He must do his duty
We hope he viii. ssssa5 a.t IS 75's