The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1891-01-08
Capital Punishment.

Inero is at the present time a strong,
and. as some think, constantly strength
ening feeling in the public mind adverse to
the infliction of capital punishment. The
evidence of this is seen in the difficulty
which is found, in this as well as in other
states, in obtaining jurymen who do not
hesitate, for conscientious reasons, to sit
in capital cases. 1t is seen in the infre-
quency with which convictions are obtained
of murder in the first degree. even in cases
which appear quite clear to the public mind.
1t is seen in the change already effected in
the law of New York, by which death by
electrical shock has been substituted for the
rope and the scaffold. It is seen in the
various propositions which are made for the
substitution of still other modes of putting
criminals to death, some of which have al
ready been discussed in these columns.
More than all, it is seen in the compare
lively small number of crimes which are
now lawfully punishable by death. The
chief objection brought against the argu-
mentS in favor of the abolition of capital
punishment for crime is that a life prisoner
has the resort to the clemency of the par
dOning power, and sooner or later he will
again be free man. The Advertiser is not
advocating the total abolition of capital
punishment. Yet to the thinking man are
suggested some methods by which the par
doning power might be hedged about in
such cases. and this objection might be less
ened or wholly eliminated. AS the law of
our commonwealth now stands. the pardon
ing power for criminals of all grades is
vested solely in the governor and the eX-
ecutive council. The suggestion has been
made, and it is not wholly without force,
that were imprisonment for life substituted
for capital punishment the pardoning power
in such cases might be made by law more
difficult of operation. 1t might be provided
that resolution passed by both houses of
the general court should be necessary to Sc
cure pardon, in addition to the favorable
action of the governor and council. It
might be provided that this resolution. to
be effective, shall pass by a majority of
two thirds of both houses. 1t might be
provided that person convicted of murder
and sentenced to life Imprisonment shall be
regarded as legally dead and his estate adj
miniStered upon and divided among his
heirs or confscated to the state. 1t might
be provided that all political rights shall be
forever forfeited by the criminal even al
though pardon should ever be granted.
There should. of course, be limitations Of
these provisions, but in one contingency
and only one. If, by the discovery of new
evidence and rehearing of the case, it
shall be proven beyond doubt that the
conviction was an error and that the con-
vict is an innocent man. the law should of
course be so framed that the broadcast
recOmpense for the terrible injury done him
may be given. Such contingency as this
seldom can arise. Still it should be pro-
vided for. and the possibility of the hanging
of an innocent man is one of the strongest
arguments brought by the advocates of the
abolition of capital punishment in favor of
the measure which they so strenuously
urge.-BOstOn Advertiser.