The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-10-31

task was accomplished not one victim has
been offered to the majesty OF offended law,
not one of the hundreds of thousands of reb-
els whose lives were justly forfeited has been
called upon to pay the penalty of his crime.
Many years have passed since any execution
for treason took place in England even. The
course of France has been similarly mild 1t
is only weak and effete governments like those
OF Spain and Austria, or such as like Russia
retain tlnge of barbarism in their institutions,
which still hold to the rule of vengeance. In
putting these men to death Canada will COM
iiiC an act which the whole world will inter-
pref as the evidence of weakness and OF
fear
But there are other reasons why unusuai Sc
verify in this case will be especially unbecom-
ing and unwise. In the first place an occasion
is too fresh in the recollection Of all the world
when the very courts which now show an al
most blood thirsty eagerness to convict the
Fenians, exhibited the most callous indiffer-
ence to the enormity of a similar offence which
did not touch themselves. The execution of
the Fenian prisoners following so soon after
their conduct in relation to the st. Adams
murderers, would affix an indelible stain up
on the Canadian courts, and warrant the con-
clusion that Justice with them means simply
vengeance for injuries they have themselves
suffered, with utter disregard of whatever they
may have allowed to be inflicted upon others.
There are also many circumstances connect
ed with the prisoners themselves which should
lead to mildness and caution in disposing Of
them. The full report of the legal proceed
ings is published in the Toronto papers. The
crime charged against these men is that be-
ing subjects or citizens of foreign State Of
peace with Her Majesty, they levied war, or
engaged in acts of hostility against Her Majes-
ty. To this crime the laws attach the same
penalty as that against high treason, the pen
atty of death. Now what are the facts? Take
the case of the Rev. John McMahan, the Cath
Ole priest sentenced ON Friday. The indict-
ment charged him with levying war, &C., to do
which it would seem that he must have been
armed and have committed some act of vio-
lence or hostility. Yet there is not the slight
est evidence to show that he was at any time
armed or that he was guilty of any act of vio-
lence. 1t was proved against him that he was
seen in conversation with the Fenian leaders,
that he dressed the wounds of those who were
injured, both Fe,sidns and Canadians, that he
shrived dying Fenian, and that at one time
he ordered certain knapsacks of clothing
which had been thrown down to be picked up
and carried along, because the boys might
want them" For this he is to suffer DEATH
His defence was that he had no hostile object
in going to Canada; that being on his way to
Montreal on private business, he was stopped
by the Fenians, and carried off with them to
attend to the wounded and to afford the min
istrations of the church to such as might fall.
When we consider the immense Importance
which those of the Roman Catholic faith at
tach to the offices of the priest in their last
hours, such story does not seem by any
means improbable. But the judge charged
the jury that his being with the Fenians at
all, for even such purpose, was virtually aid
ing and abetting them, since it gave them en-
enlargement to believe that dying in such
cause they might receive the consultations of
influence against their expedition he was
guilty Of aiding it, with much more to the
same effect, involving theory of completely in
criminal actions which if generally carried
out would bear rather severely on by-standers.
1t is of course impossible to tell into what ex
cesses of severity the Canadians may be driven
by the panic which the follies of the Fenians
have produced among them. From every part
of the provinces the telegraph is bearing mes
sages begging the Government to show no
mercy. But if taking counsel only of their
fears and their resentment they proceed to the
execution Of the death penalty they will most
assuredly see cause to deeply regret it. 1t is
very possible that these men merit death, that
under the laws their lives are justly forfeited
The State of Virginia had an unquestionable
right in law to hang John Brown; but if she
and her Governor could have known all the
results which were to spring from that act of
fear and vengeance, certainly his gallows
would never have been built The Canadian
authorities win do well to heed the lesson
The temperate remonstrance addressed to them
by Mr.. Seward through Sir Frederick Brace
contains some suggestions which should not
be wholly without effect. The influence of
the Home Government, also, is likely to oper-
ate as a check upon their rashness. 1t is GER
tainly to be hoped that through one or anoth
er of these causes they may be brought to a
calmer judgment, that better connsels may
prevail and the many bitter and dangerous an
imosities which would be awakened by undue
harshness in this matter may be still allowed
to slumber. t = 1aWebe :. lsbHr