The Republican journal., 1875-03-11
From the Lewiston journal
The Wagner-Gordon Case.


1t is certainly surprising that SO many
persons still persist in misunderstanding
the clear and explicit requirements of the
law OF This State relating to witul murder,
as it has existed since 1869 To illustrate
this confusion, we may mention the fact
that the Journal has received communi-
cation from a gentleman who would teel
himself nsulted if he should not be char
acterized rs intelligent, who wishes us to
call upon the governor to save Wagner
and Gordon from execution and at the
same time adds that if these prisoners are
hung the responsibility will be on the
Chief Magistrate. On the other hand we
have before us a copy of an exchange
which excitedly calls upon the governor
TO have sufficient backbone" to execute
these conyicts, and which adds that the
Governor is supposed to be opposed to
capital punishment, but If he does not
hang Wagner and Gordon he will merit
public execratiOn.
1t may be news to these "intelligent'
gentlemen, but the tact is that it is the
law of this State and not the Governor
that makes death the penalty for willul
murder, 1t is probably true that the Gov
ernOr, il he We're a member OF the Legis-
lature, would vote to substitute imprison-
ment for life for the death penalty; but
whether such are his views or not, cannot
affect one way or the other the question
as to the punishment OF Gordon and Wag-
ner, or in any manner change the duty of
the executive. The court and jury have
declared both these Convicts guilty of will
tul murder and the court has sentenced
them to be hung The Governor has pre-
sented the cases of both convicts to his
council, and has said to the council that if
they would advise and consent to commu-
tatlon to Imprisonment for life, he should
concur in such advice--tOr the Governor
cannot commute 2t1}leSS ddCiSed bY the conn.,
eli 50 10 ia. The council have refused to
advise communication, and the Governor,
as he is peremptorily required by the law,
has issued 4 warrant OF execution. Under
the advice OF a justice Of the Supreme
Court that an important constitutional
question affecting the rights OF the con-
Yicts, has been raised, the Governor, with
advice Of council, has postponed the exc
cution till March the 26th II it should
appear that the court needs more time to
determine the constitutional question, as
matter OF right and propriety the coun-
Gil would advise such further postpone
ment of the execution as may be neces-
sary for this purpose. If the court shall
sustain the point raised by the prisoners
council, then it will be decided that no
one has the authority to issue warrant
for execution of the convicts, and both
will continue in imprisonment tor life
But if the court OF final resort shall over
rule the point, then the Sheriff Of Knox
County will execute the warrant which is
in his hands.
This is the whole of the case of Gordon
and Wagner, and the governor has no
more responsibility for their fate than has
any private citizen. If the courts decide
that the law requiring the execution OF the
death penalty is constitutional, the govern
OF has no power to avert the penalty
which the law has imposed on the two
convicts. If the court decides that the
law is unconstitutional, the governor has
no power to order them to be executed
VIII therefore those ''intelligent'' gentle
men who are calling on the governor on
the one hand to have mercy" and save
Gordon and Wagner, and On the other
hand to have back bone" to execute them
please remember that the government OF
this State is one of laws, and not OF men ;
and that the punishment for wilful mur.
der is dependent on the DEGREES of the
Legislature, and not on the .'mercyn or
"back-bone' of any governor.