Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-12
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THE 6ALLOW0.


I'm Maine.
That the taking of human life is crime of
great enormity. and one that deserves the
severest punishment is not denied by any.
But the taking of the life of A, because A has
taken BIS life is not punishment, but revenge,
whether done by an individual or a State
The State may punish, but it may not kill.
Men commit homicides when all the worst
elements of their being are aroused, and often
under keen sense of great wrong and injus-
tice done them. But we do not, the Law does
not excuse them, on that account, however
clearly shown But the State. when it takes
a human life, does it calmly and deliberately,
because its victim has done the same act.
which he had no right to do except in self
defense, which is rarely, if ever, necessary
for the individual, and never necessary for
the State because the State has other means
of defence. And as the citizen is not excused
under the law, until he shows affirmatively
that he has exhausted every other means of
defence, so the State must be held to the
same rule. and cannot be justified in taking
a human life until it has exhausted every
other means in its power for the punishment
of the guilty and the protection of the nno-
cent. And this must be sho~n affirmatively.
1t must be held to the same rule that it holds
the individual. There must be no guess work
here 1t is dealing with human life. We do not
allow A to say when ut upon his trial for the
killing of b, that he thought the taking of
life necessary to his safety; but we say to
him, he must show that il ,rds necessary So
the State may not say that the taking of life
may prevent crime, may protect a communi-
~ from crime and violence but it must show
that it does protect, and is necessary to that
end and to no other, or its taking of life will
be murder-murder for revenge alone That
the death penalty prevents crime has not been
shown. 1t cannot be shown. The history OF
the gallows in all countries refutes such an
assumption. If It proves anything affirma-
lively, it is this: That in all countries
and ayes where its has been
the most frequent, there has been
the largest amount of crime. In
all foreign States. where the death pen
atty has been abolished. capital offences have
largely decreased. The same is true, in our
own country. Take the States of Massa
chusetts, Vermont, New Hampshire, and
Connecticut, States where the gibbet is most
frequently used, and we will find the percent
age of homicides largely in excess of what is
found in Maine. Rhode Island. Wisconsin and
Michigan, States where the death penalty has
been abolished-in some of them for a gen.
Grafton. Such is the teaching of history
everywhere. Look at Massachusetts. In
1880 she had thirty homicides, an average of
two and a half per month. She indicted
twenty-five. The others have not been
reached. And yet the gibbet, as a reforma-
tory institution has been set up in every
county in that ancient commonwealth.
Contrast this with Michigan, State with
nearly or quite as much population. where
the death penalty has been abolished for a
generatiOn.-Not one homicide in 1880. An
attempt being made to reverse the settled
policy of Maine, and throw it back into this
cruel and barbarous practice. | protest
against it. 1t is not called for. There is not
a single petition at the State House asking
for such legislation. The law officer of the
State does not recommend it. The Govern
or in his annual message does not recommend
it. l do not believe a prayer has gone
up from one loving, christian heart in all
our COmmonw ealth for the restoration of the
death penalty.
And why do l SO believe? Because such
legislation flies in the face of the Christian
spirit of the age, which demands that the
DarDarlsmS ana crueItleS OF the past De crusn-
ed out, and that for man, beast, and bird,
there be insugurated more humane rule.
That in the home, in the school, and in all
refurmatory Institutions. the lash, the thumb
screw, and all cruel infections shall give
place to the spirit and intent Of the gospel of
Christ. | protest, because such legislation
will be an admission that there has been no
advance made in 1900 wears; that the gallows
on which Jewish hate and Roman cruelty
slew the Son of God. is the best means yet
devised by human reason, for the punishment
Of the guilty, the restraining of the vicious,
and reformation of the race. | protest, be-
cause, the history Of the death penalty shows,
that great numbers of innocent men have
been made its victims and cruelty murdered;
because its restoration would make such
results possible and probable; because the
State has no right to enact a law which my
be used or can be used by the wicked to
DESTROY the life of the innocent; and in any
way, even the most remote, put in peril one
innocent human life. TT