Year: 1874

Guilty of ascertaining the guilt Of the accused


TO that degree of certainty that removes al


doubt, and thus all danger of condemning tc


the irrevocable penalty of death, party wse


may by possibility be innocent. ne proc


may be overwhelming, the moral con'icuoi
in the minds of the jury and the community
decided, and yet, where legal acumen car
create a doubt the effect of the proof is rem


dered nugatory, aud as the case upon loglca


grounds NAV forbid verdict OF manslaughtel


or murder in the second degree as much as OF
murder in the first, the alternative is nothing
but that of conviction for the penalty ofdeath,


or acquittal. Thus the most atroeions GRIM


inals as they stand in the eyes of the COM


munity, have the least punishment or none at
all, and go free, and that perniclous tendency
| to lawle dem oBs trations which has obtained
so much development in other sections, TO
the ruin of law and order and the general de-


generacy of public principle and morals, finds
| a door open for its introduction among us.
| The law is condemned instead of the law
breaker and influences are established in the
| community WHICH tSuu hoiS W h'> ~"


couragement and growth of crime, than to its
prevention. Human impulses it is the very
| object of the law to repress; but this practice
| takes off the letters and restraints from the
! impulses and passions of the masses. ard the
| principle of vengeance, or, TO pu! the face
upon it which its apologists would offer, the
principle of "natursl justice" as it stands in
| mems minds, is left to do duty in place OF that
law which is the fruit of the highest dispas-
stoned human wisdom. Upon this priRciple
individuals, as well as the mass, soon learn to
act, and crimes are multiplied in greater
ratio than pGhishmeEts, and the general sense
| of right and Justice, prevailing in the com
munity, is utterly demoralized. The nature
and tendency OF this practice has been abund-
antly demonstrated in other sections of our
country, and it is in no spirit of sectional
prejudice that we say that the growth OF the
cause of the rebellion had no more effective
adjunct than the prevalence of the spirit OF
| lawlessness which had so long dominated that
section and which where the public feeling
fell short Of the required point, was able to
establish a reign of terror which ensured the
desire result. 1t is a significant fact that the
first and only instance Of that pernicious prac-
tce of lawlessness among us-in the case of
the Houlton murderer-a practice so foreign
TO the former law abiding spirit of the people,


was followed Immediately by the commission
of two of the most atrocious murders ever
pc rpetrated in the State prompt exhibition
of its natural tendency and effect, and voice
of warning with which Providence has signal
| lied the first attempt among us, at putting
down the divine authority of established law,
by the introduction of the law which is 30 law
of human passion.


Unless Divine authority is null and human
wisdom an equal nullity, there is a remedy to
be devised for the evil first alluded to in one
way or another which shall be consistent with
the authority of law, and which shall make
the law adequate to its purposes. The nature
| of the evil points out the nature of the reme-
dy. The case as it stands in the minds of the
jury is this an atrocious murder, and proof
so convincing that they would not hesitate at
Imprisonment for life. and which creates in
their minds sense of the manifest impro-
prety and Of lamentable defect in the
prisoner should be set free; and yet, certain
possibilities, which make them shrink from
the penalty OF death, irrevocabls as it is. Now
in such case let them have the privilege OF
bri in q epacial var6ict bieh hol hov VIC
the effect to send the prisoner to State Prison
for life. Against his being subject to re-
trial in the event Of further convicting evil
dence being developed, q constitutional OBJ
lection may be alleged. But imprsonme ut
for life will certainly be far better, in refer
ence to the merits of the case, and the ends
of the law, OF justice and of public safety,
than letting him 60 scot free. There is as
sound a reason fer confining such a man as
confining an insane man. He has already
been confined in prison because there was
sufficient reason for believing him guilty, to
hold him for trial; let him now be confined for
life because there is sufficient reason for be-


lieving him dangerous to the public safety /;
the jury DeHeVlDg MN gullty, Dut nndlng the
required reason in the evidence, to make this
discrimination as to the punishment.


We would not apply this principle or meth
cd of dealing to lesser offences, but for the
crime which is of the highest magnitude,
which is the highest offence against justice,
and bears SO vitality upon the highest interests
and rights which the law has to protect, as
does that of murder, there seems a manifest
propriety in this provision, alike conducive
to the ends of justice, the safety Of the com.
munity, and as a support for ths authority
and controlling power of the law. l..


The alumni of Bowdoin College, residing
in Boston and its vicinity, had their annual re-
union at the Parker House, Wednesday even
ing. About forty were present. The Hon.
John c. Dodge, the President of the associa-
ti6n, occupied the chair. Speeches were
made by President Chamberlain, Professor
Packard, Edward L. Rand of Portland, JOS
eph B. Sanford OF Boston, George +. b. Jack
son of Portland and others. During the