The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1864-01-08
WEBEzY PAPER BR4egB TO AGRICULTURE RelEG AND GENERAL INTELLIGENCE

should be sentenced to solitary confinement and
hard labor, in the State Prison, until the pun
ishment of death should be inflicted. which Is
forbidden to be executed. within year after
sentence or judgment. FROM that time 70 the
present, no criminal has been executed In Maine
under the laws Of the State.
o. To exempt . magistrate from the necessity OF
participating In the enforcement OF q law which
deprives human being Of life, must be CRATE
full to his humane sensibilities. II Is not, how
ever, q question Of what Is agreeable or painful.
In official duty, with which we nre called upon
to deal In this matter, but Il Is question Of
what that duty Is. BY none OF the ordinary
rules OF Interpretation applicable. to- statutes.
can any other conclusion DO arrived ut, than
that the purpose Of the modification OF the law
was to afford the capitally condemned criminal
year Of grace, after conviction and sentence,
as period for repentance and preparation TOR
the doom awaiting him. and likewise an oppo,-
tunity for procuring proofs, II such should ex-
list, tina, the conviction had been effected by
falsehood or mistake.
The duty imposed upon the Chief Magistrate.
by the terms Of the law, after the expiration OF
the year of grace, remains prescribed In the
same language as Il Mas before the introduction
of that modification. Prior to the change, the
Governor was required to fix the day aud issue
the warrant for the execution, the same duty Is
still imposed upon him In precisely the same
terms, except that no shall not do 80 till the
expiration OF q year after sentence. II my
thing more was needed to strengthen this con.
cluson, It Is to be found In the legislation OF
1910, prescribing by whom execution shall be
done upon criminals condemned to death, who
shall be present as witnesses, and other details,
nil of which legislation was reiterated and con-
firmed in the revision Of the public laws In
1857. The embarrassment In this matter: arises
not so much from any difficulties In the law, as
from the fact Of It's non.enforcement for twenty
years.
During this period the number Of felons con-
victed of capital offences has most dispropor-
tionately increased over the two previous de-
cades, there being q, this time In the State Pris-
on, under sentence Of death, no less than twelve
convicted murdercrs. One Of these has been
imprisoned about twenty years, and the others
for shorter terms In all these cases, the oinis
sion to commute their punishment leaves the
criminals subject to the extreme penalty OF the
aw. Deserving, as they doubtless were, OF its
inaiction, ut this late day to require the Chei
Magistrate of the State to issue the warrants
for their execution would be regarded as little
short of cold-blooded, yindictive murder. What
then shalt be done! rl.r ~"
The argument most relied on by the advocates
of the abolition of capital punishment, that the
safety of society would be ms well assured by
the Imprisonment as by the death Of the GRIM
inal, in consequence Of the increased certainty
of conviction and punishment resulting from It's
abolition, has been sgnally negatiyed by the
statistics of crime in this State.
The following Is an extract from mmuni.
cation made to me by the Attorney General Of
the State:
"Murder is alarmingly on the increase. Du-
ring the past year there have been three death
sentences two verdicts of guilty OF murder In
the first degree, In addition. which have not
come to sentence one indicted for murder,
died before trial one indicted for murder In
the second degree, admitted to bail one found
guilty of manslaughter on an indictment for
murder one other trial for murder (Which It
was admitted SOM one had committed), but the
jury disagreed !; and two in jail for murder, not
indicted :"
One of these convictions furnishes melan-
choly evidence that those to whose custody Is
committed the criminals condemned to death,
arc not safe from homicidal assault. warden
of the State Prison has fallena victim to brutal
violence. and though his life was not taken by
n criminal ut the time condemned to death, 1t
equally illustrates the fact, that were imprison-
ment the extreme penalty, the lives OF the OH :.
GERS would have no protection In the law, for It
has already inflicted its utmost vengeance. 1
submit, gentlemen, that this Is fearful record.
II is time that the complications which perplex
this subject should be unravellcd, and that the
measure of the punishment for tho crime OF
murder should be made certain.
With regard to those who have been convicted
In former years. and are now IN prison, their
year of grace having expired, communication
of their punishment to imprisonment for life,
would dispose Of the embarrassment growing
out of their numbers. and the delay to execute
crime was fresh in tho public mind, and the
Justice of the punishment would have been full
ly recognized. This much would dcyolve upon
the Executive. For other cases, let the Legs.
lsture fix day certain, after the expiration OF
the year of q, ace, on which execution shall be
done upon the criminal capitally convicted,
leaving no discretion In the Chief Magistrate,
but to issue the warrant for execution, unless
circumstances should demand his interference
as an act Of justice and mercy. a~. t..
SOLDIERS VOTING.
Tho Justice of extending to our citizen sol.
dicrs In the field an opportunity for exers Using
the right of suffrage In our elections has been
considerably discussed and generally conceded.
The experience of other States goes fully to
establish the fact that the votes OF the soldiers
may be so taken rs to preclude either fraud or
abuse upon the elective franchise. Because a
man for the time being becomes soldier In
defence OF oil that Is dear to the citizen. his In
terest for the welfare Of the State and nation
IA neither changed nor diminished but rather
augmented and intensified by his conservation
OF himself ut the peril Of his life to their ser.
vice. Why. then, should he not DO permitted,
wherever he may be, upon the happening or
an election at his home, to enjoy the consider:
alton of n citizen, and cast his ballotl And
why should he be denied the privilege OF help
ing to shape the policy OF the Government In
which his interest is certainly not less than that
of those remaining securely ut their tires,des
On the return OF the soldier to his home he
frds himself in possession Of all the political
rights his ever enjoyed. These do not become
changed even By three years absence,
To secure to him during this absence the cx-
ercise OF the highest OF these rights, was the
subject of favorable Recommendation In the an-
n,lal message of my predecessor. II did not
come up for action In the Legislature until a
late day. when II failed not for want OF friends
to the object, but because Of objection to the
particular form in which II was presented ana
In the great hurry incident to the closing days
az tho session, there was not time to mature the
requisite bill, and resolutions TO accomplish IT,
AS TO the precise mode by which the end Is to
be attained, the large amount OF legal learning
which your several bodies comprise viii dod6t.
less enable you to frame and adopt such rcsolu
lions and bin as will extend fully the right Of
suffrage TO the soldier In the field, rs will guard
we'll the elective franchise from abuse, and Mt
the same time meet all constitutional require
ments. SO may thousands Of our fel!ow.citi-
rens volunteering to leave home and friends
and the comforts of peaceful life to defend our
common rights, cannot doubt will be enabled
by YOU, sanctioned by the cooperation Of the
people, TO cast their votes for President Of the
United States In the election which Is to take
place IN November next
REC1PRocrrY TREATY.
In the course Of the present year expires the
|erm after which the 80 called Reciprocity