Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-03-11

of Minot' KimbaiI, Lewis of Liberty, Libby. Lord
Main, Martin, May, Mayo, McDonghl, MGkown,
Ray, Reed, Sargent Sawyer, sherman of Camden,
sherman of Isleboro, Smith of Saco, smith OF
Parsonsfeld, Spaulding, stone, Stover, Toby,
ARsEST--Allin, Ames. Bartlett Bearce of 1ur-
ner Bean, Berry of Buxton. Bird, Blake, Bradford.
Campbell, Chamberlain, Cotton, Cousm Daggett,
Gannett Gates, Gould, Ham, Hammond of West
brook, Harding, Jordan OF Bruins wick Lewis Of
Pttston Mason, Mct,lvery, Mears Moulton, Phil
lips. Powers, Pray Purinton, Riggs, skinner SIN til
of Warren, Sturgls, Thompson IhuIlough. Was
Wilson of Bradford, Wilson OF Thomaston-H.
So the resolve was refused passage.
Bill an act to abolish capitol punishment
was taken from the table motion of Mr.
FARwELL, the question being on the adoption
of Senate amendment to strike out the second
section, which provides for the commutcmch
OF the sentence of all persons now under sen
tence of death to that of imprisonment for life
Mr.. BAKER said the reason of this is that
it requires the exercise of the pardonlnG
power which is conferred by the Constitution
on the Governor exclusively. and the lcgis-
lature has no right to order him to commut,
sentences. The section had been inadvcr
tcntly put in.
Senate amendment to strike out was adopted
MIR. FARwELL withdrew amendment b,
and offered to amend by adding at the end OF
section |, except where murder is commit
| ted by person who is at the time under SEN
tencc of imprisonment for life
The amendment was adopted.
Mr.. NosE said that the House might fully
understand the bearing of the amendment OF
| the gentleman from Augusta Mr.. Farwcll.)
| he would state the inevitable inference, winch
| was that every man who votes for this amend
mcnt votes to enforce capital punishment, adj
mis the principle that We have the right to
| takn cer 4
| the que stion is shall we hang the criminal ioI
| the first offence or the second-it is great
! concession. coming from gentleman who has
| heretofore favored abolition OF capital pun
ishmt nt--this House, he apprehended. would
| be satisfied with one capital crime, and not
wait for the second offence before the execu-
| ton Of the sentence-tor one he had too mucl
regard for human life to leave the bill thus
amended.
Mr.. tARwELL did not know but that the
gentleman from Winterport thought that
amendment fairly represented, hut lie mir
| Farwell) submitted that no other gentle
| man in the House would come to that
| conclusion. In legislating upon this ques-
| ton il is the purpose of the Legislature It
legislate for the protection OF society. and he
| submitted that when a man takes the life OF q
| fellow being and is confined within the gran
| uc walls OF the State Prison for life if society
| is not protected from the further rage OF that
| citizen. Is ii not the purpose OF this Lcglsla-
| ture to inttict punishment except ST Tar as i,
| is necessary that society may be protected
against the wrong doing of the party who la
been confined within the prison walls! Doe
the State gain anything after putting that man
out of society into solitary confinement l.!
sending him into the presence OF his God:
He submitted that when society is protected
it has done as much as ii is its duty to do.
Next to that is to protect the men in charg,
of the prison. and if man submits TO the
discipline and does not seek to violate TIA
rights of others, then he is in no danger OF
further penalty. When society has protected
itself we have committed him to imprison-
mcnt for life, and if he further violates til,
law and assaults his keepers, then those men
must be protected are, and further
confinement is no protection to them. I'm
prisonment protects the communicative sub
>eQucnt penalty attached 10 the second act
protects the people in the State Prison WHO
have him in charge.
The amendment having been adopted, the
question REQUIRED to passing the bill to be en-
crossed. and on this question the yeas and
nays were ordered and being taken resulted
in refusing the bill passage as follows;
YEAs-Messrs Adams of Biddeford, Alexander,
Baker; Barker, Barton Bean, Berry Of Damarls-
Wnn, Cole Cox, Crockett, Gushing, Darling, D.
Wis, bennett, Farwel Foss, Cot, Grafanl Green,
Halves, Kinks Hume, Humphrey, Huosey X cyan.
Lamsou, Leighton Libby, Lord, Main, Martin,
Mills. Mildram Palmer Pierce Pinmmer Sargent
sawyer, skinner smith of iiodgdon, Smith %
l-itchfeld, Spaulding, Stickney, ToDey Twitchell,
Waterhouse, Whitney-J6.
Bedrce of Lewiston, Bearce of Turner Bird, Bliss,
Boyd, Boothby, Drawn, Brown Burnham, Cham
Holden. COOtOrth, ID Dearborn
Douglass, Dunning, Duncan, Folsom Foster OF
Argyle, Gould, Greenlief, Ham, Hammond ofWest-
brook Hartman, Holbrook, Holman, Irish Jones,
Jordan OF Minot, Jordan of Bruins wick, kmball,
Lane Lewis of Liberty Lewis Of Pittston, May,
MAYO, McDouga Mctiilvery, Mckown McLain,
Means Milliken, Newcomb, Nickerson, Patten,
Peavey, Pike, Powers, Ray, Reed, sherman of
Camden, sherman of Islesboro', Smith of saco,
stoyer Thurlough, Vose, Warren, WATSON, White,
Wilder, Wilson of Thomaston1, ioung-63.
ABsENT-Messrs. Allan, Ames, Berry of BuX-
ton, Bradford, Campbell, Cotton, Cousins, Cannot
Gates, Harding, Mason, Mears, Mouton, Phillips.
r5w EF s~ @e
Bradiord-2i,
On motion of Mr.. SrIcKNEY, bill an act to
increase the compensation of members Of the
Legislature was taken from the table.
Mr. HUME moved the indefinite postpone
ment of the bill He thought men could be
found patriotic enough to serve the State at
the present pay.
Mr. STICKNEY went on the principle that
men working for others should be compenSa-
ted fairly and in accordance with what it is
worth. He did not know but what the gentle
man from Cherrytield got all his services are
worth, but he was of the decided opinion that
his (Mr Stckney's) services are worth more,
and his constituents are willing to pay more.
He considered the compensation entirely in
adequate, under all the circumstances. The
present pay was fixed when the commodities
of life were cheap; but times have changed
and the pay is now no longer adequate. Gen
tlemen whv live in the immediate vicinity of
Augusta, or upon the line OF railroads, can
come here and yet spend half of III" time at
home and he knew il to be an adequate com-
pensaton to them, but for those who live one
or two hundred miles away to come here and
leave their business in other hands, and pay
their board while waiting for gentlemen to 20
home, the compensation is not adequate.
There are plenty of men willing to come tor
this or less compensation who have taxes
to grind but we don't want such representa-
tiv"s, and somebody makes sacrifice for the
good of his constituents. He held that no