The Portland daily press., 1869-03-04

PORTLAND, Feb. 27, 1859.
To the Editor Of the Press:
Are there not two distinct questions in
volved in the one of Capital Punishment now
agitating the public mind?
First, have human governments or authori-
ties the right under any circumstances to ex-
ecute sentence of death upon their subjects
or fellow creatures.
Secondly, is it necessary considering the
state of society and civilization existing in
the State of Maine, with our laws in full
force and the machinery of our civil govern
ment untouched, to punish murder by taking
the life of the murderer.
The first question evidently involves that
of military executions. We all remember
during the early part of the late war the re-
luctance of our military authorities to estab
lish the precedent, of punishment by DEATH
For long time no one received such SEN
tence, and afterward our good President, in
the kindness of his heart, pardoned those
who were sentenced, although he 50 firmly
adhered to his decision in regard TO the exc
cution of Gordon the slave trader. But as
the war went on, and conscripts and substi
tutes took the place Of the original volun
teers, military offences, by the laws of wal
punishable with death, increased, until leni-
ency seemed no longer advisable. The prec-
sdent was established and executions became
frequent.
Although this is one of the most sicken-
ing aspects of our great struggle, what wish
to call attention to is this. Under the cir
cumstances what other punishment would
have been effective.
Imprisonment for life would have had few
terrors in view of the immediate dangers o
the battle field. Indeed, it would have beer
gladly accepted by many, with the vel
founded confidence that the return of peace
would set them at liberty. But men were
wanted for the field and not for the shackles
The faithless and cowardly must be punished
and the army made to feelthe.stern necessity o
the time which demanded that every man
should do his duty. You may say that thi;
is not the normal condition of society, and
this is true-but military executions are Legal
executions, established by precedent and ne
cessity. The instances referred to, BY the
Hon. Mr.. Morris, in his address before the
House recently, of the execution OF Mum'oro, I,
by order of Gen. Butler at New Orleans, anu
of the action of the famous Vigilance Com
mittee in California fully illustrate this prin-
c;nle The necessity of executing the death
nenaltv when owing to pee lliar or desperate
circumstances, other punishment would be
ineffective. beg leave to call attention TO
another instance. 1t was my lot to spend
several months at Andersonville. In that
little isolated world of our own where 80 900
men were imprisoned-men gathered by the
fierce fortunes of war, from all parts of the
country, many of them the most desperate OF
characters, with the natural brutal instincts
aroused by want aud hunger, and with no OF,
ganization for the maintenance OF justice
and order-murder and violence for time
had full sway.
Money had its value here as in the outside
world. Blankets and food still greater val
ue. To rob man of his blanket was con-
sidered among the prisoners, crime scarcely
less than murder.
The desperadoes Tor raiders as they were
calied) organized in gangs, strong enough to
overpower and intimidate the organizations
gathered for protection against them. Men
were robbed and even killed in broad day
light, with hundreds looking on who were
powerless to assist or defend their comrades,