The Portland daily press., 1874-10-01
The Execution of Wagner.

10 ule Edtt0r OF the PTeSS:
AS fair journal, 1 am sure you will allow
your patrons to discuss both sides of the ques-
tion, if the writer does not unnecessarily take
up your space. Assuming that this is the case,
I desire to notice briefly an article in your last
weekly on the proposed execution of Wagner,
several statements in which 1 think are mere
assumptions, without particle of proof to sus-
tain them and calculated to convey an erron-
eous impression.
In the first place, do not understand that
the people, through their representatives, de-
cided against capital punishment at the last
session of the Legislature. The effort, stren-
uous and persevering, which was made to
sweep the law of capital punishment from the
statute book was voted down. The Talbot bill,
to establish that law on more sure and def
mite foundation, it is true shared the same fate,
leaving the matter just where it was before.
Whether majority of the people are in favor
of, or against this law, is not and cannot be
known, unless the law be referred to them for a
direct vote, inasmuch as no representatives
have as yet been chosen on any issue of this
kind.
Again, the statement that protection to
prison officers was the sole reason for re-
tanning the law as It is, is wholly an assump-
tion. l cannot believe that the atrociouS mur-
ders, the heartrendng butcheries of men and
women which have been enacted in this state
within the last two or three years, and the evil
dent necessity, the imperative duty of setting
up the strongest possible bulwark against the
repetition of such deeds, had no influence in
producing this result. And here let me ask,
what is the strongest possible bulwark against
rutfianism and murder? Mark the admission
OF the writer in the article referred to. 'sThe
shadow OF the gallows," be says. twas left to
fall in terrorem on such bloodthirsty prisoners
as might have miud to destroy their keep
ersp' This is an evident admission that the re-
straining power of the "gallows' far exceeds
that of any other punishment. And what can
did mind can doubt that this penalty is the
only one having any considerable terror in it to
restrain desperadoes aud protect human life.
The lull in the commission of murders the
present year, referred to, if it has any assign
able cause, points far more evidently, think,
to the summary execution by lynch law, of that
murderer who killed the sheriff and another
man, and expressed the wish that he had mur-
dered two more; and perhaps, also, to that
shadow of the gallows" which still fits before
the eyes of the lawless, than to any shock the
law had received the past year.
That the Governor is in duty bound to wait
for the action of another Legislature, before ex-
ecutIng the law on any of the murderers now
awaiting their ifate in prison, seems to me ut
terly groundless and absurd. The Legislature,
after special recommendation by the executive,
failed to render the law any more definite and
binding. What has he to do then but to exc
cute 1T as it is, according to his understanding
of its spirit and intention?
And is there anything in the case of Wagner
to commend him to the sympathy and clemen
cy of the executive? The negro Harris was ex-
ecuted for the murder, or for aiding in the
murder of two defenceless women. Was the
crime of Wagner any less appalling or afro
it stands With a vote of five councillors Of the
seven, we see not lhow the Governor can we'll
avoid executing it; and if the people are op-
posed to the law, let them speak out clearly
and strongly through their representatives, who
should, indeed, be chosen with some reference
to this question; or, better still, let the LIE gs-
la.ure refer this law to direct vote of the
people. ANTI-TRIsTAM.