THE EXECUTION OF ALLAN MAIR.
ON Wednesday week, an old man—eighty-four was his age—was hanged at Stirling for murder. A scene of unusual horror had been looked for, but the reality seems to have exceeded all antici- pation. The morbid impulse which had impelled him to his crime, stimulated by his coming doom, found vent in imprecations on all who had borne witness against him, and sustained him to bear in his own person, with something like triumph, the commensurate violence of the law. For many a day in Stirling, the dying curses of old ALLAN MAIR will serve, when recounted, to gratify the common appetite for tales of terror ; children will listen to them, and enact his wizard-like gesticulations in their unwatched play ; and his words fixing themseves, perhaps even at this moment, upon some minds prone to dwell upon them with an indescribable fascination, may yet bring forth the fearful fruit for which in his prophetic fury he so sublimely prayed.
" A more shocking spectacle has not been witnessed in Stir- ling." And for what object has it been enacted ? To deter from murder men of eighty-four, by holding up to them the prospect of death? Revenge being put out of the question, this is the only necessity that can be assigned; since in this case, for all other purposes the capital sentence would have been sufficient, it being impossible that a reprieve, the motive to which would have been obvious, could have operated so as to present to younger men a prospect of like indulgence. In order, then, that this " bloody instruction " might be held up to prevent the repe- tition of a case which has perhaps never had a parallel, and which, under any circumstances, can scarcely be expected to recur, the demoralizing spectacle has been presented ; and no experience of the many sad aberrations of extreme old age, no wish to suffer the last flickerings of human infirmity to die out in decent obscurity under the hand of God, could operate to counteract the imperative necessity Was it impossible that the slightest modification could take place ?—that he could have been permitted to wear out his few remaining months as a convict or a lunatic ? Alas, no ; society would at once have been plunged in danger! There was but one means of protection from the desperate temptation which immunity in this case would have held out to other octogenarians!
Society is right to protect itself. To be sure, it may be said by the people of other nations, looking on, free from a panic terror of a senile war, that if a man of eighty-four, after leading an average life, suddenly commits murder, there can be no doubt of his in- sanity ; while, on the other hand, if he has long shown indications of malignity, it was the duty of his more vigorous fellow-creatures to put him out of harm's way ; and that these considerations should have prompted us to mercy. But such constructions would in- volve a world of care : savages, in extinguishing the lives of those whom age has rendered troublesome, have taught us a simpler lesson.
And yet, in justice to the public, it must be urged that this act of barbarism was neither called for by vindictiveness on their part nor suffered to take place through their indifference. It will go forth to foreigners as an instance of national debasement, but the disgrace of the proceeding rests only with a few—perhaps, indeed, only with a single individual. "After the trial, the utmost effort was made, by the authorities of the town, to obtain a remission of the sentence ; and a petition was forwarded to the Secretary of State : but the answer returned was, that the law must take its course.'" Now, although, in the present stage of opinion, when the majo- rity seem still determined to act upon sentiment and to shut their eyes to all recorded facts, it would be improper for any Govern- ment in ordinary instances to interpose against the law, there can be no question that a strong impression as to the injurious tendency of public hangings is rapidly gaining ground, and that it is the bu- siness of a Minister to defer to this feeling in those extreme cases where there appears to be anything like a public manifesta- tion in its favour. He cannot be expected to oppose the popular will; but, if he is desirous of promoting an amelioration of it, he will eagerly avail himself of such opportunities to direct the ad- vancing tide. To one who has the progress of humanity at heart, there can be no wish stronger than that of seeing the fancied ne- cessity for these exhibitions gradually disappear : and how is this to be achieved, but by venturing in the most favourable cases an experiment on the side of mercy, to be followed up as the results may warrant, until, all cases having come to be included, the long- cherished opinion of the value of human sacrifices shall be shown in this country, as it has already been shown in others, to be an error, founded only on the animal impulses of a darker age.
But to the mind of Sir JAMES GRAHAM there appears no glimmer- ing hope of such a consummation. The gallows is founded on an eternal necessity of human nature ; and it must therefore be vain, in any stage of society, to experimentalize with a view of ascertain- ing if its value have diminished. In his belief it never can diminish : mankind may advance, milder principles and better knowledge of the duties which men owe to their depraved fellow beings may come to be received ; but, amidst the bright perspective, the gallows still looms to the end of time, and even in that far-off plain where the lion is lying with the lamb, it is only by its awful shadow they are kept in peace.
The case of ALLAN MAIR is not the only one, by many, which has recently occurred to show the Roman sternness of Sir JAMES GRAHAM ; and, if we remember rightly, not many months have passed since a female underwent the same fate in spite of the most earnest remonstrances of the local authorities. While be remains in office, therefore, the advocates of such inflictions may sleep doubtless and secure that no tampering will be permitted with " the law," and that, unregardful of sex or age, it will duly "take its course."
And yet—where is the case into which doubt will not creep?— there is an exception to Sir James's firmness. It is not, however, of sufficient importance to alarm the timid: the common offender need never hope from it that in his case death may be commuted even to perpetual imprisonment. If those feelings of tenderness which are said to lurk in every bosom, and which SHAKSPERE in his vast knowledge has not denied even to Lady Macbeth, must still hold one weak corner of his heart, let us rejoice that it does not take a direction in favour of the vulgar ; and that although the law, speaking in its gentlest tone, must be set aside and contemned when it is directed towards "distinguished" officers such as Lieu- tenant Masao, in the full possession of health and manhood to defend themselves, it will still with unmitigated severity "take its course" upon unpolished and dangerous offenders like the gray- haired and imbecile ALLAN MALE !
Previous page
