Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-29
CAPITAL PUNISHMENT.

issue Of the 10Th inst that it is improbable to
consider capital punishment upon any other
ground than that Of its e1pediency or necessity
But when he goes on 10 say that the burden
should be ON those who advocate such an extreme
J enalty to show the necessity aud expediency OF
it," we are not little surprised, seeing that the
facts of the case ae confessedly quite TO the con-
trary. For, capital Punishment being an existing
institution II is fer those who wish TO see 1t abol-
ished to show why it should no longer remain :
and if we are not mistaken, no small efforts have
been and are being made in this direction The
case then seems to be this and it is well to have
it clearly understood Capital punishment pre-
walls in almost all the States of the Union and it
still remains the statute books Of the State OF
Maine, where it has always been. The fact OF
its being there together with the fact of its being
the law of the vast majority of the States, calls
| from those who favor its adjustment for strong
rea ons why it should be taken off. Their reasons
"W' SAYS are at hand and inyincibe; and he at
once proceeds to demolish the one defence OF
capital punishment which he allows to it, and
which he asserts is the beginning and end OF the
argument in its favor. Now it is no difficult mat
ter when you are at liberty to erect your oppo-
nent's defences, to so set them up as to make it
easy work to knock them down again. We think
that "W" has been INDUCING somewhat in this
iattering but delusive warfare.
1.-The fear of DEATH" he says, sis instructive,
not rational" Allowing that it is SO, yet instinct
may still hinder one from rushing into risk OF
death. But we further calm that reason Will also
obey instinct and act as an additional safeguard
Suppose, however, passion does rise shove fear IN
certain instances, so that man has no dread oil
impending DEATH this does not invalidate another
fact that in great majority OF cases the pros
poet of death induces men to control their pas
sions 1t is no assumption to say that this is just
the effect produced by the fear Of death in many
mems minds. Before their passions rise beyond
the control of instinct and reason, instinct and
reason both suggest the consequences OF excess.
Because the fear Of death, therefore. does not In
all cases overbaance the passions, but in certain
instances has apparent effect at all, we are net
to assume that it does not act as preventative
in multitude Of cases which doubtless transpirt'
but which necessarily do not come under common
obsery alton. To illustrate: Consider the case
OF the nobler emotions occasionally eXemplified
of death. Thus one possessed with large meas
ure of self forgetfulness leaps into the water to
rescue drowning man, or rushes into burning
building to save the inmates at the imminent risk
| of his own life. Now are we to say that, because
| in this instance mans noble qualities in an act
of self-sacrfce overcome the fear of death, that
| therefore the fear Of death has no influence
with hundred others who are standing around
looking on and who, though experiencing similar
| emotions, do not venture to incur the same risk
According to avs" reasoning, we are to suppose
that the crowd generally who stand still and do
nothing just as ready to rush into the face OF
death as the man who does not stand still, but
who does rush in. In other words, we are to as
sumo that because the noblcr impulses Of the enc
man overcome all considerations of fear, that
therefore the fear of death acts constraining
motive on any Of the others, but that they are
every one prevented from doing what he does by
some other consideration. After this manner
| "W" argues in common with others. The cases
| of murders wherein the fear OF death has not
been sufficient to overcome mans passions are
nstanced to prove that fear has great influence
on any one Accordingly we are 10 suppose that
every man who has ever taken notion into his
head to kill somebody has never been deferred
from doing so by any considerations eff fear. The
truth is, however, that that which has no effect
upon one man in a particular instance, has had an
effect upon hundred other men who have la
bored under similar prov ocations to commit muir
der, but who have been prevented.
As to "W's" ironical reference to the efficiency
of punishment depending upon its severity, he
may as well say the same things against all severi-
ty and all punishment. He may as well recon-
mend that all crimes be judged and punished alike,
that is, not at all. Where there is punishment
there must be severity; and human law, so far as
it is able, aims at graduating the severity accord
ing to the otfense. To argue, again, as "W" does
| from the inhumanity of law which has character
lied certain ages and countries, for the abolish
ment of the death penalty under its present re-
strictions, is simply a device to arouse within
the breas's CT simple hearted people, a tumutuous
feeling, which is not calculated to improve their
powers Of discrimination and Judgment. 1t is ar
guing from the abuse of prerogaiye, for the
adjustment of 1t. That great many people suf-
fered death for Trivial offences in the time Of Hen
ry VIII, CT under the Reign of Terror, IS no ar
gument to prove that the death penalty for the
crime Of murder is relic of barbaiism. Again,
the abolition of Capital Funi. hment in certain
States may have been attended by no marked eff
fects either way or as "W" states in the case of
Wisconsin, there NAV have been decrease of
crime. This result however, may be attributable
t. other causes. Moreover it must be borne in
mind that these States surrounded by other
States where murder is still regarded as capital
offense, and where the extreme Nervousness Of the
crime Las not been lessencd in the estimation Of
the people by any change of the penalty. In fact
in the State itself where the death pcna'ty has
been abolished the people have been educated for
the most part to con.ider murder as capital of
tense, and to regard ii with CORE spending de-
gree of adherence. This latter consider alton
leads us in conclu son TO offer one reflection which
though not a new one ought, we think, to weigh
more with people than it appai emily docs when
handling this much mooted subject. Tne reason
why capital punishment has generally and always
prevailed, as the penalty for murder, and why
great many desire to see it main aimed, is because
it exhibits the State as yiIdicatng tie sacredncss