The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-01-26
A Few More s'Howls''-A Little Mors
sssickIy Sentimentnlism."

EOV, chamberlain sbduuo thGAS 10 hO |
doubt whatever about that. James Fitz James |
TODD not firmer when he defed Roderick Dhu |
and his hos:s, OF Assistant Adjutant' General |
and pseudo Secretary of War Thomas, when |
1.-THE ewes of Delaware" were upon him. Gov. |
Geary has not felt himself Inundated in con-
Guiding to pardon Hester Vaughn in ooeoi-
ence to the demands of public sentiment ana
his own humane instincts. The people OF
Maine do not ask for the pardon OF the oiack,
uninstrueted brute who is doomed to be stran-
gled on Friday, February fifth. They desire
that he shall be kept safely shut up for the re-
mainder of his natural life, and that the harm
he has done shall not be hundi ed times in
creased by the poisoning of the moral atmos-
phere by another erection of the gallows-by
the stencil that arises from the scaffold But
Gov. Chamberlain is 'frm." "Do you think"
sneeringly ask his friends, ''that Chamberlain
is q man to heed the sickly sentimentalists
whose howls rend the air whenever the gal
lows is mentisned?" "Do ysu suppose that
he cares for the newspaper scribblers?" "Do
you suppose that he can be induced to change
his mind?" Nay, marry, we do not. We long
since ceased to anticipate from him conces-
sions either to bowls, scribblers, or to the die
tates of justice and humanity in this special
regard. Gov Geary, of Pennsylvania, has in
this QUE matter proved himself the Drawer,
worthier, more magnanimous soldier.
But there is a power whose jurisdiction
transcends that of the Supreme Executive in
dealing with Harris's case. The idea that a
repeal of the capital punishment provisions of
L.
never were and were never intended 20 be cap
ital punishment provisions) and special legs-
lation for saving the necks of persons now
under sentence of death, would be in the ma
ture of "ex post actO legislation" is too ridicu-
ious to deserve a moments consideration. The
LAWYERS who hold that the Legislature is pow
erless to stand between Harris and death find
IL easier to State than to defend their position.
Let this matter be understood; let somebody
who knows point TO the principle OF constitu-
tional law which restricts the power of the SUI
preme legislative authority in this way; let it
be shopn that it is not competent for the Leg
lature to mitigate The severity of penalties al
ready incurred for crimes already partly expi'
ated, or even to throw open the doors of the
prison and jiails and let all the criminals go
free, il it will. 1t is no new doctrine that rem
edial statutes may be retroactive. 1t is plain
ly the right and the duty of the Legislature to
inter yene in Harriss case, and we believe it
will. 1t is rumored taat the judiciary COM
nittee of the House is opposed to the abOli-
ton of the death penalty, and that a sub-com-
mittee is patching up law changing the pres
ent one but preserving that which gives it its
medieval character. We know that one of the
ablest members of that committee is ON the
right side, and tits to be hoped that others are
but however this may be, tae judiciary COM
mttee is not the Legislature or even the
House. The State must sonlJloe be rescued
from impending disgrace ea.
Reforms are opposed chiefly by interectons.
When they suggested, conservatives bonn
bard them with old proverbs, perverted texts
of scripture from which every trace OF the
Christian spirit has been eliminated, and With
felicitously unhappy (if the paradox maybe
permitted) phrases "Sickly sentimentalsu"
is now fighting the battle almost alone agains,
the ars~-AAnts brought by the opponents OF
capital punishment. Now let us see what kind
of fight it can make. Perhaps it ought to be
mentioned, however, that John Stuart Mil
NoSo NOhASoNSAo
tends the death penalty on the ground that il
is more merciful to the criminal than impris
onment for life. But demurrer will be suffi
o'ots CIV the purposes of meeting him here
ior auulleting 1Q' he moment the truth of his
ABSURD declaration, the oppanepts of stranpu.
iation say that such barbarity IS to be denre.
Gated chiefly on the ground that it brutalizes
the society that permits it; that it DESTROYS the
respect for tho sanctity of human life which
is so necessary In well-ordered community,
that instead of restraining others from the
commission of crime il rather minds
But the facts about the sickly sentimentalist
are these: 81 Ifl. lafrf - e.
Our Anglo-Saxon forefathers, who had no
sickly sentimentalism about them, used to
hang men for petty larceny. The consequence
was that where one murder is committed now,
ten were committed then. VT .--
Keeping even pace with the advance of civ
ilization in England, and marking its progress
perhaps more accurately than any other one
circumstance, has been gradual diminution
OF the number of offenses classed as capital.-
With such diminution comes a corresponding
decrease in the number of homicides.
nS 0iOOia'o VI HTc SlChly sentlme0-
talists almost to a man. They regard the gal
lows as disgrace to free State. Yet these
European Liberals constitute a class of men
deserving perhaps more consideration than
any other in the world, for they stand in the
very foremost files of time" in all matters of
progress and reform.
The sickly sentimentalists of Spain pro.
ceeded Immediately after overthrowing the
Bourbons to overthrow the gallows Indeed
the two things were really one transaction.
The King of Belgium is sickly sentiment
talist, and refuses to sign death warrants.
Maine was the first State in the world to
heed the suggestions of the sckly sentiment
talists. This was in 1874. One or two Execu-
tives since that time have undertaken to multi
~ law that was intended to abolish capital
punishment. Since then Wisconsin. Micbi-
gan and Rhode Island have been given over to
the sentimentalists with the best results. In
New York half way measure produced un-
fortunate results, and the old penalty has been
restored. In Illinois no man can be hanged
without the concurrence of the Jury, which
amounts to practical abolition of the penal
ty.
So the sickly sentimentalists are getting on
very well, the interjections of their opponents
to the contrary Notwithstanding.