Sacramento daily record-union., 1888-08-09
THE REQUEST" IA THE MAXWELL
CASE.

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THE REQUEST" IA THE MAXWELL
CASE.
A number Of our contemporaries have
expressed themselves with a great deal Of
vituperative heat in condemnation Of the
assurance Of the English Government
in asking a further stay of execution in
the Maxwell murder case. One of the
most ebullient Of these is prominent San
Francisco journal, which, in white heat
of rage, asks, What right has the Eng
lish Government TO prefer this request%
The answer is simple and would not be OBJ
scure to any one thinking calmly-it has
the same right to ask of the Governor of
Missouri respite for Maxwell that any
human being has to petition that or any
other fuuctionary for any purpose. 1t is
Just as well not to make ourselves ridicu-
lous in this matter, and to remember that
the preferment of request is vastly diff
ferent from the making of demand. The
English Government asks for sixty days
to look into the Maxwell case and see if
its subject has been afforded all the de-
fenses the law guarantees him. In itself
this is proper enough request, butt hap
pens that the English Government has
had a year or more in which to make this
inquiry; it had two months or more dur
ing the trial to examine into it; it had
six months while the case was before the
Supreme Court, and four months more
after final Judgment. 1t does not claim
that it had not knowledge Of the case all
this while, therefore the request ought to
be refused, for il is not denied that the
prisoner has received every benefit the
law accords him, nor is it claimed that
any unfairness or injustice marked his
trial.
But if the English Government should
claim, as the Governor of Missouri sug-
gests, the discovery of new evidence mate
rial to the determination of the question
of guilt or innocence, then precisely the
consideration should be given to its re-
quest that the importance of the revela-
tion would justify.
The sneers in which some of the press
have INDUCED because of the request pre-
ferred, and the hatred toward the English
Government manifested by others, are un-
becoming to us, and will not tend TO COM
mand respect for our sense of justice or the
finish Of our manners. If men will divest
themselves of prejudices in this matter
they will see that the Government of
England is manifesting precisely that So
hcitude for its subject all Americans are
desirous our own Government shall feel
for the rights and liberties of every citizen
of the republic-and which, by the way, it
has not recently done with that alacrity
that should distinguish it, thanks to the
slow-moving of the Democratic Admins
tration and its profound respect for formal
ity and diplomatic red tape.
But the American people are by their
own action estopped from complaining in
this Maxwell-Preller case. During the
administration of President Arthur citi-
zen of the United States-a doctor OF
much prominence at the South-poisoned
child, of which he was the guardian. in
England, in order to secure control
of 4 sum Of money coming to it.
He was tried in England in due form, ac-
corded all legal defenses, deprived of no
right or privilege, and was duly condemned
and ordered to execution. His friends in
the South induced the American Govern
ment to appeal for delay in order to en-
able it to inquire into the case the peti-
ton was granted and the request made
The English Court responded that all due
process of law had been employed all
legal requirements observed, all possible
defenses permitted, and that unless the
Government of the United States could
assure 1T that new matter material to the
question of gSilt or innocence could be
presented and would be, the execution
N"ANS paw VIC NcIG make
such showing, and the poisoner was very
properly hanged and we made no fuss y
aboutai
1t ie improbable that any journal CT per
son in England, because of that case. vi
tuper&sed agains. the United States for
preferring its request; nor was any angry
voice raised in all England asking "yYlat
right has the American Government 10
ask this thingf" Let us not give the
world reason to believe that we are less
civilized. iess ameaable to reason or less
courteous and Just than the English. We
believe Maxwell to be guilty. and so be-
lleving trEst that he swill be duly hanged
but We bekeve also that the Government
OF England is noteworthy of abuse for pre-
fering request precedent for which we
made, and which we ought to renew wher-
ever the life of citizen of the United
States abroad is put in jeopardy and oar
Government is asked to see that his rights
are not infringsd.