The Portland daily press., 1875-02-02
Is Punishment Uncertain i'm Maine?

Is Punishment Uncertain in Maine?
| Since 1886 there have been in Maine only
| two hangings under the law of the state.
| For nine tenths of the time during the last
| forty years it has been generally understood
| that men guilty of murder are TO be imprs-
oned for lie and not hanged. The moral
condition of the people and the general vigor
| and efficiency of the laws have been such,
| therefore, as obtain in state where the gal
| lows is cut down. The advocates of the death
penalty affirm that the discontinuance oil
capital punishment is part of general laxi-
| ty in the enforcement of the laws, so that a
state without gibbet may be expected to
present the unpleasant spectacle of commu-
| nifty easily tolerating vice and crime. They
| claim that the same morbid feeling that revolts
at the death penalty, revolts also at the idea OF
any punishment, however necessary it may be,
| and demands forbearance towards the GRIM
| inal though that forbearance be cruelty to the
| innocent and virtuous. They say that in
such state there is complete inversion OF
all natural feeling, and that as crime is pitied
and easily condoned, so virtue is correspond
ingly abased.
How nearly does this theory correspond with
| the facts as they are exhibited in the state of
| Maine? Is there here that moral relaxation
which ''ndicates," as the doctors say, the
| gallows as tonic? Assuredly not.
In the first place there is probably not
another state in the union where punish
ments, so far as they are useful or necessary,
are so unrelentingly inflicted. Whether the
crime be of high or low grade, the element
of mere sentiment or personal interest is
wholly excluded in the treatment OF its perpe-
traitor. Until the convict has served out his
sentence or his discipline has done its work
in effecting his cure, he is morally certain to
be held in duress. The anti-capital punish
ment governors who have been so much be-
rated have never in a single case been respon-
sibe for such general jail deliveries, through
the reckless use of the pardoning power, a.
| frequently take place in states where life is
publicly taken for the purpose OF impressing
the masses with an idea of its sanctity. The ex'
ecutive cemency may be too often invoked
| and granted even here, but as compared with
| New York and other capital punishment
states it is grudgingly exercised. The theory
and practice in Maine is, $50 as far with pun
ishment as it is useful and then stop" The
fate ofthe Bowdoinham bank robbers, who,
| it is understood, have offered large restitu-
! ton and have brought to bear upon the ex-
ecutive from time to time not only the pres
sure of influential and powerful friends but
also that OF the persons who were robbed,
shows the intelligent and Discriminating Sc
verify with which our laws are executed.
The ease with which convictions in capital
cases are obtained in Maine where the evil
dence is sufficient to warrant them, is striking
proof of the sternly repressiye temper OF the
people with respect to crime. Who can
point to a case where the lackadaisical,
nervless shrinking from the infiction of pen
alties, which is alleged to be characteristic OF
such communities as ours, has prevented a
! verdict against man whose guilt is clear
| What murderer in Maine, against whom
| there is evidence enough to convict him in
any civilized community, goes unwhipped oil
| Justice? In states where the death penalty is
enforced, ten clear cases of murder 60 wholly
unpunished because of the natural reluctance
| of Jurors to run the risk of horrible mistake,
| where one escapes from confinement to prey
anew on society in such state as this.
| In one word, is there such a state of things
| existing here, where certainty of punishment
is at its maximum, as to justify the revival OF
| barbarous punishment which is characters
I tic of the codes in force in those communities
where the execution of the laws is rendered
by that very punishment weak and uncertain
REVIVED Crispiaism appears to be de-
cided improvement on the order as originally
| constituted The only substantial good which
resulted from the former organization was the
overhauling of the calendars of the saint:
and the consequent knowledge of theological
history which was picked up. The amended
constitution recognizes that strikes are gen
orally injurious, and provides that instead o
having. the rates fixed by the society eacl
shops crew may act according to its owl
Judgment. The members are not to be com
pelled to subscribe funds for the support o
fellow-members on strikes. No crew, strik
ing without the approval Of the society, i
entitled to its protection. Provision is mad
for the appointment of special committees t
confer with similar committees of the bosses
with full power to agree upon such terms a
may seem just, and strikes are only to be re
sorted to in the last extremity. All thes
things are certainly improvements on the al
btrary plan formerly pursued.