The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-11-13
Harris To be Executed.


The rumor in regard to the proposed execu-
ton of Harris, the Auburn murderer, proves
to be true. The Rockland Free Press says
that the Governor has issued his warrant for
the execution which is to take place on Friday,
the 4th day of December. There is, however,
difficulty about the warrant which is direct
ed to Sheriff Laughton who has disappeared,
and there is a question whether his deputies
would be able to act as executioners. For the
credit of the State it is to he hoped that this
difficulty is real one. Gov. Chamberlain
should at least have waited till the meeting of
the Legislature before issuing his warrant. We
trust that the explanation of the whole matter
is that Gen. Chamberla had in mind the va
cancy in the Office OF sheriff, and that he hop
ed BY the course he had taken to call attention
to the practical construction that mag be Civ
en- to the barbarous law of the State, without
placing any life in jeopardy. The is no
doubt that the Legislature upon reassembling
will promptly attend to a matter which has
been forced upon the attention of members in
this very disagreeable way.
That Gov. Chamberlain does not really mean
to strangle Harris is evident when one consid-
ers how the law reads. We quote from the
Revised Statutes, Chap. 1876, 81:
When any person is convicted of a crime
punishable with death and sentenced therefor,
ne SldH at the same time be sentenced to solitdTu
confinement and hard labor in the State prisoi,
TIL such punishment is inflicted; but he shall
not be executed within one year from the day
the sentence OF death was passed, nor until
the whole record of such proceedings or case
is certified by the clerk of sad court under the
seal thereof, to the supreme executive author |
ity OF the State, and warrant is issued by |
said exec utive authority under the great seal |
OF this State, directed to the sheriff of the colln-
W acherein the State prison is situated, COM |
mandiDg him to carry said sentence of death |
into execution.
The next section which prescri5es the meth
cd of carrying the sentence into effect speaks
OF the sheriff of the county and no other person
as the executioner.
lis plain from these provisions of the law
lnat harris neck will remain unstretched I'M
I'll somebody hunts up Sheriff Laughton or
his successor Is appointed. 1t is plain, too. |
that the Portland Advertiser is all out of the |
way when it says that the Governor was con- |
strained by the law "either to issue his war |
rant or to commute the penalty to imprison-
ment for life" By the terms of the law the |
sentence is already committed to imprison-
ment for life unless the Governor takes some
action clearly not anticipated by the trainers
% the law The law was expressly designed
10 mold the death penalty in terrorem over the
criminal for its supposed moral effect, 1t
makes not the slightest difference that the
Governor took the advice of the Council. The
supreme executive power" of this State is ex-
pressly defined by the first section of article
NTH OF the Constitution to be the Gorernor
hot aa;o IL |
bity.
my once within the last twenty two years
n"a 'ne uea'h penalty been inflicted in Maine
ny oea'e authority The exception was that
Oh spencer VINO was executed in 1854 for the
murder OF the warden of the State nrison
Why revive punishment which co,,oT,so'
Chamberlain in his first message saws .ewor1a
be regarded as outlawed" were it not for tbis
solitary endorsement under circumstances
clearly exceptional?
FILLIBUsTERrNG AGAIN.-The fillibuster has |
no more business in American than the politi>>l
cal assassin, and it is extremely ANNOYING to |
lind men educated in the school of Lonez and |
walker, starting up every now and then with
purpose to follow in their footsteps or ho,,
PLY, to share their fate. Of all the conntr;na
in the world the United States ought to he
able to regulate its domestic and foreion az
fairs by legitimate and civilized methods If |
there is anything but reportorial moonshine in |
the rumors of a raid from New York and other |
American cities upon Cuba, it is to be hoped
that the government will show the same
promptness in checking it that it did in stop
ping the Fenian invasion of Canada, which
was IN all respects more commendable en-
terprlse. The rumors iu regard to this arma-
ia LOT tne conquest of Cuba have walked up
1ne spanish Minister at Washington, and Mr..
Seward has written, at the instance of that of.
fetal it is understood, that the United States
will recognize those authorities in Cuba that
are recognized by the new government in
Spain. He also declares that no expedition
inimical to the peace of Cuba shall leave our
shores unmolested.