The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-01-06
Letter from Augusta.
REPORT OF THE ATTORNEY GENERAL.

AUGUSTA, Jan, 5, 1869.
To the Editor of the Press: -.-. 80
The forthcoming report of Attorney General
Frye for the official year ending October 31st,
1868, will form pamphlet of twenty pages.
Mr.. Frye begins by calling attention to the
suggestion of your County Attorney, Mr.
Webb, that it would be well, in all but few
Of the mere atrocious offences, to provide
for penalties by 'afixing maximum of pun
ishment leaving the minimum in the discre-
ton of the court, and approves of the sugges-
ton for the reason that really there is every
grade of guilt in the same class of offences.
He thinks the Legislature should authorize
the court, before verdict, to appoint commits
sioners to admit to bail all persons confined in
Jail for bailable offences; for the reason that
justices of the peace in many cases do not ex-
anime the sureties offered with due care and
sometimes carelessly and even knowingly ac.
cept insufficient bail.
1t seems to Mr.. Frye highly proper that ju.
risdiction should be conferred upon Judges of
municipal courts and tr ial justices, in cases of
embezzlement, where the property embezzled
is OF less value than twenty dollars
The law prohibiting the sale of intoxicating
liquors is again exciting much attention and
discussion, and demands are being made for
additional legislation, but in Mr.. Fryes opin-
ion no amendments to the law are necessary
or wise. And vet it is painfully evident that
the law does not do its perfect work; but
not because of defects or weakness in the law.
The law will not enforce itself, and the motive
power is wanting. Therefore" says the At
torney General, II was and am now in favor of
State Constabulary' preferring however
that its duty should be the enforcement of all
criminal law. Whether or not such a meas.
ure would endanger the law itself, is a cues.
ton for the consideration of its friends. lam
entirely satisfied, if it cannot be enforced. it
ought to be repealed. trust that in this di.
rection there will be no bas,y legislation, and
at the same time no timidity about enactipy
healthy laws"
The issuing of warrant, con inues Mr.,
Frye, for The execution ct Clifton Harris by
the Governor, has excited much comment, and
the position taken by His Excellency has been
somewhat severely assailed. have no hest
tation i'll giving my opinion that the Governor
is right, ana that strict observance of the
Oaths he has taken required of him this action
For thirty years Governors and Attorney Gen.
erals have asked the Legislature 10 consider
tins law, and for thirty years the Legislature
has neglected to take any action These le-
quests, complaints and constant discussions
show, IT nothing else, that a question of life
and death is involved in doubt That doubt
the legislature can, and in my Judgment
ought at once to remove. While | fully sus.
tain the position of the Governor, do not
think that justice requires the execution of
Harris. 10 use a coiumon expression she
turned States evidence" and fine record does
not exhibit an instance where an accom-
plice taking this course, has paid The
tull panalty of the violated law.
Again, it seems to me that some eonsdera-
ton, in determining this question, should be
given tc the birth, the early lite and training,
and the circumstances of this man. Knight
born in New England, educated in our schools,
a man intelligent, successful in business, in
the full maturity of his powers, murders the
wife Of his bosom, designedly, deliberately, and
escapes the extrt me penalty, while this Harris,
born on Southern plantation, educated only
as to his brutal instincts, compelled Into igno-
rance and degradation, and a subserv .ency to
a white man by force of law ITSELF almost in
his legal infancy influenced by white COM
p m on, commits murder and is executed.
The proposition does not commend itself to my
sense of justice.
The report contains the usual abstracts from
the reports OF the county attorneys and coun-
ty treasurer, and shows that in 1868 there were
forty-three sentences 10 State prison: sixty
two to county Jail, nine to reform school. one
to death, and seventy-eleht fines. The num-
Der of liquor cases disposed of in the Supreme
Court was fifty-nine, and the fines collected
rom them amount to $4,536 DAMON.