Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1869-01-08

iorehant 50 explicitly brought to the attention al
the legislature Neither my own views OF ths
death penalty nor the present state OF public
opinion, whatever they may be. affect IN the
least my duty 90 execute the existing laws
Whether ihoEe has been any recent change OF
public sentiment on this subject have no mean,
u knosing. The only legitimate aud deliberate
expression OF public Opinloa u recent date is
the action Of the last Legislature. which havin,
before them the announcement Of nv views ot
duty In this matter, and voting directly 90, tho
bail to abolish capital punishment. ref,isssi 90 10
abolish q by vote Of hearty two 60 one. To my
mind, am free % say. this amounted To a reAi.
hrmation Of existing law. II the Legislature
upon mature consideration deemed IL uuwis. "a
abolish capiial punishment, II would be an e1-
,raordinary presumption IN the 70 take the re-
sPonsibillty Of a6olishing it myself
CAPfTIL PUNISHMENT
have heretofore advised that the death penal
" be either ensured or abolished Not that the
law Leaves Il doubtful whether II is the Govern
OF duty 10 execute the sentence to sll-which
would be a manifest Absur,iity-but that IN fail
ing 10 aK a limit within which the warrant shall
De issued. 1t has len chance for the Executive
TO defer II Indefinitely, and thus precedent had
been established too strong To be set aside with
out bringing odiUm upon any Executive who
should DO bis duty. Nov that this prece lent has
Il u. Cases might arise where few would say
that death was no: the only adequate penalty
yet = might 10 desirable 20 delay the execution.
while testing some particular theory Ia the
case oil Doyle, for instance, nothing hut the earn
est esn'ictlon Of his counsel that another party
vast guilty one, saved him from execution.
Ihf surely IS not case for Communication. II
Dsie Is innocent he should be sat at liberty. and
cyfy possible reparation b. made hln II guilty
/ htAoaid suffer the extreme penalty OF the law
/ I'm too II you abolish the death penalty. vou
dinot discriminate between single high crime
II an accumulation % such crimes Take the
| pTe cited case Of rape. The punishment i
| tpTtsnnHicnt for life. II the offender SEES no
| Eher penalty before him hc has a powerful mo-
| fe 20 disposc OF the principal witness against
pm lie has everything % gain aud nothing 10
Pc by adding the crime Of murder
However TIC experience VI suffering may have
l!tctei my personal sympathics the corlsilera
lion % the public safety convtnoes me that this
= not the time TO soften penalties Too much
criiae Is abroad, and emOolcncl by the milIness
AMI uncertainty Of punishment Most Of our
States retain the death penalty
ne 40 not wish TO invite crane here by the i'm
PUhity u iAas ~ Ind elsewhere. Itis urgel TINT
NC should be morciill. But to whom! [ ask
10 The yo.aior OF al sanctit.cs-iho assassin Of
al deienselcsRessihe piti.ess spo,,er OF the peace
AID order " society Or 10 the innoceut, the
s'''i' the peaceful and wcll-io.ng. who rely upon
,he protection Of the State which thcy serve and
i.ora Mercy Is indeed heavenly grace hut
X Should not he shown 20 crime. Il j, the crime
All not the man, At sAich the law strikes II
: not - prevent that man alone from repeating
lls offence, but In prevent other. frou 50 doing.
u thr wretch Who facilitates crime secs the sure
Ini sharp penalty before him lao may take better
'oHnscs. TINS IS OercifG! T. him, To his intenI-
Il Victims and TO society in general
AMI what convlnces me the more tha, We
mould retain Cur present penalty, il the fact Of
Nhirh have had abunitht evidence, anil mus,
'Iii1ui'h You 20 keep ever IN view, that the
,amc parties Who are 10 fierce Tor mitigating the
icH,h penalty 10 imprisonment for lie. arc equal
, disseminated with ,hi-, and arc quite ns
rrepres'ibls IN the demand thu, these criminal,
hAil b" absolutely Partionei and sct az liberty,
or the reason THAI they have been ~ long In
'r-,pa. witness the Thorne case, where the yir-
'rtce 81 abuse because free pardon wAs not
.rAnlcl 10 the murderer q his friend and bcue-
Acisr. With this friends wife A. 4 parAmour and
cconpiice, was almost equal to tnat which the
Iriucs Of Harms the rayi-her of his murdered
M lying victims, are compared with the crime
1 the stubborn Executive m not withboidin,, the
nsl penalty If the laas
Ihis shows whittier these things teud--to the
59i'i'an u all penalty the consequent contefnp,
~ iA~-tac breaking down Of every safeguard
I AucTty resort 20 personal vengeance
De utter decentralization & -o,icty-and = ami
crsai reign u terror IL is that, rather than
he calm y'uljcAti1n 81 a riyhteuu. Jaw by lust
sna.ty, which should properly be called going
hek % the dark ages Therefore Il - that
Gem Il not WIS., to listen when weakness usurp-
be name OF mercy ani pleads for the inpunity
I crime.
PRomErroST LI4UoR Ian.
Legislation upon what man shall eat Or
rnk, Is certainly pretty strong assertion Of
STATE rights over those 81 the individual
gi every g0O4 citizen = III admit that drunken
es- Is an eva, d-saou.r u manhood a dis
irber u society, anil Ietriment 70 the State
stands out from other vices IN being the ex-
ting cause Of much q the costly litigation and
-imiual proceeding before the courts. and in
ry.ng men - crimes which they would no,
herwise commit Hence u Is the duty Of the
tate 10 restrain inca from 1t, and protect the
iuoceut from : icpreIntions; and the duty OF
BE- Ini!yiua! 20 yield some q his personal rights
" the general good. Oar State has accordingly /
4aeiei The present prOh.hiiyry Jaw - ia its !
igmcn; an adequate means o. this end, and
hrTe'rr i bias been executed t appears 90 have
scu effective.
Since the repeal OK thr Con-'s5ulsry Act there
l-s MT appear 10 have been much effort q make
sr % the ordinary means Of Enforcing the bro /.
0liory aud kindred laws. In some localities .
o friends and guardians Of goOi order nave
'he their duty, auI the trsulc ia Intoxicating
Hors - eiiectuAiIy suppressed. But f1r the
Ost part there seems 90 have been reaction
yla tar severe measures u the pTeyiou. wear.
u also willingness on the part of some 10 let
e reaction DO rs worst. IN order 10 give urgency
tIe movement for more stringent legislation.
-re l-e.y what measures o. al. pt 90 secure the
ore general execution % this i,g a. question
which the wisest and beet viii l.fer. IL may
p-.-'sfI 90 restore the late Cas.tlbu'ary -v.-
GO, hIi experience i1guI n that much mt iga.
yrcti1uah.r. Il wn- essentially repugnaut tl
e deep settled notions of municipal rights 4,
BE- an independent; aud abnormal power Va tie
I'D sysie.n 10 Afforded peculiar liabilities q,
use sUI iuiiscreti.ns i1 it- exercise 81.
ouil be able ~ provide some means which
lu'i more command the con-eu, ami co-0pera-
81. #.N HN... ~. B .- Cd. III D..