The Portland daily press., 1869-02-25

Thursday Morning, February 25, 1869.
Remark. of MIR. Morri. Of Portland.
IN HOUSE OF REPRESENTATIVES, Feb. 10th.
on bill to abolish the Death Penalty
PORTLAND.

L
IN HOUSE OF REPRESENTATIVES, Feb. 10th
on bill to abolish the Death Penalty.
! In the discussion of question so impor
tant as that of abolishing the death penalty
it should be our endeavor to lay aside all feel
| ings OF passion and prejudice, and to honest
| ly and candidly weigh the reasons which NAV
| be urged for or against its continuance. 1t i
not sufficient to quote in its support its hoary
| antiquity, nor even its universally, for these
| have often been claimed in support of the
most fearful crimes and abuses nor, on the
other hand. to fiippantly denounce 1t as a rel.
ic of barbarism, as something which has
come down to us from the dark ages, and un-
becoming the civilization and progress of the
present day. The question needs to be care
fully considered, the principles discussed, and
the decision honestly and fearlessly made.
In examining the claims this has upon our
support, let us first inquire into its history
1t is very common mistake TO suppose that
it is part of the old Mosaic law given by
Moses to the children of Israel. Such is not
the case. 1t was a covenant made by God
with the whole human race, tn the person of
Noah and his family, at the time they left the
ark. Sixteen hundred years experience from
creation to the flood, has shown the necessity
for such law. The first born of the chill
dren of men was murderer, and there must
have been a fearfnl increase of that crime
during that period of unrestrained violence
and passion which eliminated in the destruc-
tion of the race.
The result Of this experiment was conclu-
sive proof of the inability OF man, by his cwn
unaided power, TO govern himself, and this
new chapter in the history OF the race opens
with solemn covenant, made by God with
Noah and his sons, that "whoso sheddeth
mans blood, by man shall his blood be shed.'
rrhic MO nxr fort Al.
Jews; they were not then in existence; nor
for any particular tribe or nation. 1t was
not part of system OF types and shadows
which was to be introduced and pass away
with the introduction of new dispensation,
but it was universal; it was a law given by
the highest authority, and under the most
impressive circumstances, for that and all
coming time.
As we have already said, its antiquity and
universally are not sufficient authority of
themselves to sustain this position; and yet
they are not to be lightly passed by in endeav-
orlng to ascertain what is fundamental in the
law upon this subject. They cannot be salts
factorily accounted for ON any other principle
than the Divine origin we have claimed for
this law. Capital punishment was eyery-
where; it antedates all history but that of
revelation it has been the rule and practice
OF all kindreds, tribes and nations. There
has ever been deep, strong feeling in the
human mind that this crime of all others
must have its atonement, and that atonement
must be blood for blood. Aristotle reckoned
This punishment as among the universal ''un-
written laws" These laws were regarded as
OF great antiquity; no man knows their ORR
gin.
mot now, nor yesterday, but evermore
Live these; no memory tracks their BIRTH"
With this brief history of the origin of the
law, we ask especial attention to the princi-
pie on which it is founded. This is clearly
set forth in the covenant in these words
For in the image of God made he man. 1t
rests ON the sacredness of human life, not
In the sense in which it is generally under
stood-the value of life to the individual him
self, to his family, or to society at large, or
the great wrUng which would be done to
them by depriving him of it-but higher
principle, one going back beyond all these,
lies at the foundation of this law. This COW
enant regards murder as a crime committed
against God; assailing man made in his own
image, is an assault upon that most familiar
form of his appearing here upon the earth
upon that temple which is the abode of ths
spirit. "For ye know not" says the Apos
tie, Eye are the temple of God, and the spirit
of God dwelleth in YOU"
Let us keep in view, then, that the law fol
capital punishment had its origin in direc
command from God; that the principles in
volved are, primarily, atonement for the
| wrong done in assailing the Divine image il
the human form, and secondarily, the safety
purity and higher interests of society; thai
| this command has never been modified. sus
pended or repealed; that the Divine image i:
as sacred now as when this law was promul
gated; and that the human nature Of those
| early times, which required such restraints a.
| as this finds its counterpart in the human ma
ture of the present day.
Let us next consider the adaptation cf thi:
penalty to the objects to be accomplished
| There is in the minds of men natural and
universal dread of death. You may trace il
in the care with which they guard against its
approaches, in their efforts to dismiss it as an
unwelcome intruder upon their thoughts, an6
| in the curious awe with which they stand il
its presence. They may be living life O
poverty, toll and suffering, yet how cheerfully
they continue to bear the evils of this pres
| ent existence, in their shrinking from tha
which leads them through the portals of an
other life; how joyfully, and with what 6
feeling of relief the prisoner receives the
communication of his sentence from the pen
atty of death to life long service within the
| gloomy prison walls.
| A few illustrations will aid US in a better
Il
When California was admitted as a State in
1850, 1t contained one quarter of million oI
| as daring, reckless and dangerous people as
| were ever gathered together; outlaws from
all parts of the world were gathered there; in
San Francisco incendiarism, robbery an(
murder increased to such an extent that tn,
| public became impressed with the idea tha
the courts were the protectors and refuge o
| rogues instead of being terror to evil doers
There were such terrible abuses in the gov
ernment, that in 1866, Mr.. King established
the Bulletin, in which he severely criticised
their acts, and the character of one Casey
who had served term in the New York
State Prison, was then member Of the
Board of Supervisors, and exerted power
full and controlling influence in the politica
faction OF his party; he was charged will
selling nominations and furnishing bullie
and ballot box suffers to secure their cleo
tion, and procuring the passage of fraudalen
bills through the board of which he was
member. Casey murdered Mr. King in tn,
street, and gave himself up to the authoritie
but it was well understood that he would es
cape the punishment due for his crime. Th,
vigilance committee which had been previ
ously organized, now came into active opera
ton; they guarded the prison for four day
when with a formidable force they demanded
Casey and Charles Cory, gambler, who hat
murdered the United States Marshal; the
were surrendered by the sheriff, tried beforI
the committee and hanged in front of thei
rooms; four persons were executed during
| the administration of this committee, anC
| one committed suicide while his case was be-
| ing investigated; the result was security fol
life and property in that city, and the way
was prepared for city government that was
not in league with robbers and assassins.
am no apologist for mob law; but whether
| the action of that committee was right OF
wrong, does not enter into this discussion
| The point make is, what would have beer
the result, if instead of being executed, CASEY
and Cory had been sentenced by that com
mittee to imprisonment for life? 1t woult
have been regarded as farce, and bloodsheC
and crime would have continued to run rio
| as before.
1t was but few years ago that the sav,
| trade with all its horrors was IN full blast;
was in opposition to the laws OF civilized nat
ions. Christianity uttered its protest public sci
timent was against it, and treaties were mad
for its suppression. But still the hellish wor
went on, and with shame we confess that ou
| people were the most prominent and actiy
in this business. New York and Havan
were the great centres of the slave trade ii
America and the world. The metropolis 0
puritan New England was not innocent O
this crime, and our own State not withou
participants. Our authorities were SO lax i
enforcing the law that it was engaged in a
most with impunity, but with the advent {
Lincoln's administration there came chang
one Gordon was arrested for slave tradin.
was tried, convicted, and hanged. 1t was i
the memory of all present, how strong th