Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1874-10-01
THURSDAY. OCTOBER !, Is7a.
CAPITAL Punishment.

Ihe Legislature of last Winter would
neither abolish capital punishment. nor
vote to inilict l.. The law was left in its
present anomalous condition a. law.
which requires the Court to sentence to
death persons convicted of certain crimes.
but takes away from the Court the power
To execute Its sentence
The matter was extensively discussed,
and the Legislature was urged by the
Governor and the Judiciary Committee to
do one thing or the other.-to abolish
hanging, or 10 hang. The Legislature
would do neither.
The refusal of the Executive Council TO
commute Wsgner's sentence, will renew
the agitation the coming Winter. tmay
be that when the Legislature is brought
face TO face with the stern fact that a man
Is to be hung up by the neck, it will take
some action. What that action will be, is
somewhat doubtful, but we believe il will
be toward the abolition OF the death pen.
alty.
The recent action of the Executive Couu-
Gil has been attacked by the Press, and as
vigorously defended by the Wing, but BY
both rather upon the ground of sentiment
than of law. The Press is an ardent OPP
ponent Of capital punishment. and severely
condemns the judgment, and the heart OF
the i've Councillors who voted nay. The
Wig appears 10 favor the death penalty
and think. the five were men of good
Judgment. and firm purpose.
Section :, of Chap. 1876, OF the Revised
Statutes, enacts imperatively that the Gov
crnor ShaU issue the death warrant. "un-
less the Governor and Council think proper
TO pardOn the convict, or commute the
sentence" This latter action is not in
tended to be dependent on the sentimental
whims OF the Executive. nor upon its
views of the propriety of capital punish.
mcnf. Capital punishment is the law of
the land. and it is the imperative duty of
the Executive 10 inflict it. whenever he
sees no special reason calling for the inter-
vention Of the psrdoning or committing
power.
The Statute intended that hanging
shodld be the rule, and committing the ex-
ception. There must be some special thisg
in the case, different from the generality
OF such csses->ome special thing about
the prisoner himself-or the trial-or the
evilence-or the JUROR something else
that shall cause the Executive to interfere
with the decision OF the Court and its
solemn sentence. IL must be something
In the particular case itself. that almost
imperatiyely calls upon the Governor and
Council TO exercise its prerogative The
Statute says they shall carefully review
the whole case. which is certified 10 them,
and unless in hat,-in the case--ihey find
something TO convince them that il is out
Of the common course, aud should be
specially excepted from the operation of
the law, then the law must take its course.
Apply this construction to the Wagner
case. what appears in that case to call for
Executive intervention? Wagner was
thoroughly defended by as keen. and able
lawyer As the State affords. He had
fair trial, before an unexceptional jury, be-
fore most careful judge, and Was con-
Victed. There Nothing J.. w~.-.-'s
personal character 10 call for Executive
clsmency.
Why should an exception be made in his
case: The five Councillors could see
nothing, nor can We, opposed to capital
punishment as we are. Our wonder is,
what was found in this case by the two
Councillors who voted to commute, to
justify their action.
1t is alleged that previous Governors
and Councillors since lsG9, have construed
the Statute just the reverse. Ifthat be So
the previous Governors and Councillors
must have been influenced more by re-
iG"tauce TO hang, than by the plain words
of the Statute. II is time that proper
construction be made, and we think Gov ..
Dingley's Council have made it.
Mt. Desert is not the only Summer
resort where fcyers have Dreyailed owing