The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-11-17
The Death Penalty.

"Public Safety" takes issue with US on 'A'
subject of capital punishment ana a.So on 0.-
opinions resnecting its specific applicatloh u
"the Auburn murderer
Az to his incidental allusion to the general
,l,;oot NO have to say that his confession that
he advocates of capital punishment are less
,,oisv and demonstrative than those who would
abolish the death penalty, points to an excited
public conscience on the one side, and ON the
other to the apathy and diffidence which are
ant to characterize men who come to the res
enc of any of the relics of barbarism, He will
remember that all Southern man-owners
wanted was to be let alone. The aggressive
spirit of the Aboltionists they regarded as III
exceedingly bad taste. 1t is universal rule
that men who have anything OF importance 10
be accomplished aoiN make noise about 1t,
and, if it is lust and right, the world will hear
them.
It true that Massachusetts, has strangled
"a college professor" it is also true that in
earlier years Massachusetts drowned witches
and bored Quakers' tongues with red hot irons.
If in the intervening period there have been
times when all the world looked to the Old
Bay State for leadership in works of humanl-
ty aud justice, that time has passed. Ihere
are certain of the Western States that are now
far in advance and as for other States ana
other countries it will be found that soften
ing of the asperities of their criminal codes
has always followed eras of governmental re-
form The first thing the Spanish people did
after upsetting the throne of the Bourbons
was to tear down the scatfold.
Our correspondent is very much shocked
and surprised" at our temerity in criIicising
Gov. Chamberlain. In the article from which
"Public Safety" quotes We did venture to ex-
nress our surprise that the Governor had de-
cided to issue his warrant. The next day,
upon its appearing that the warrant could not
be obeyed, we promptly expressed the opinion
that Gov. Chamberlain merely wished to call
attention to the unsatis factory condition of the
law. To this opinion we still adhere, and our
respect for the Governor is unimpaired, though
we are at loss to understand why one may
not be Shocked and surprised" at the action
of gentleman who is reelected by 10000
majority.
So long as Harris is not to be hung We do
not care to enter the lists on the legal ques-
lions involved with gentlemen who, like our
correspondent, has special qualifications for
the discussion of such matters. 1t is enough
to say that the members of the legislature that
framed the statute that he quotes, did not re-
gard it as incumbent upon the Governor to
issue his warrant for the execution of all GRIM
inals who are sentenced to death, but left it to
his discretion to do so or not. The legislature
Of last wi ..ter was unanimously of the same
int II lox-
giving legislative construction to the law, had
1t not been announced by gentleman who had
conversed with the Governor that his opinion
was identical with that of the members.
1t makes no difference that Gov. Cony hung
Spencer. That was an extreme case, where a
criminal had not been incapacitated for doing
further mischief by the infiction of the penalty
neares to that of death in point of severity.
1t Is not, as our correspondent assumes, a mu-
tual impulse with criminals to kill their keep
ers, bnt on the other hand it is an act of such
desperation that law-maker would hardly be
bound to regard it as possible contingency.
This single case, presenting clear difference
In principle from all others that have come be-
fore the executive of the State for action, does
not In the slightest degree break the force of a
construction of the capital punishment law
contemporaneous with its passage and which
has prevailed ever since, and of usage that
has prevailed for thirty-two years. Besides, it
Is logical and legal corollary to the PROPOSE
tion of our correspondent that Gov. Chamber
lain must strangle the following persons -
Thomas Thorn, James Matthews, William E.
Smith, George Knight Joel c. Preble, Patrick
Griffin, William D. Blake, Lawrence Doyle,
Samuel Richardson, Mary Elliott, and Charles
II. Keenan-twelve men in all with Harris
Even "public safety" might feel trifie "shock-
ed and surprised" at seeing twelve persons
hanging by the neck-but why not twelve as
well as one q?