Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-02-19

if we can delegate our legislative power 70 the
people on this subject, we can on all subjects,
and we,might as well resign and go home
Independent of this he was opposed to the
principle of the thing. The people have sent
us up here to make laws and use our best
Judgment His constituents did not restrict
him, and he proposed to exercise his own
best Judgment according to his conscience
He believed the tide of popular sentiment 10
be rising higher and higher upon tins SUBJECT
and sweeping on with more and more power
every day, until it shall sweep away this last
remnant of barbarism in the State-not only
in this State and country, but other countries.
He would not discuss the main question, but
he was opposed to having it referred to the
people. He was for taking the responsibilities
which his constituents had placed upon him,
and settle this question one way or the other.
Mr., VosE thought there was one serious
objection to the amendment. If the matter
is deferred until Sept. we are III a fair way
to relieve one human being OF life now In
State prison. and under sentence of death.
He suggested that the matter be referred to
the people at the March election, and by their
act instruct the representatives what course
to take in the matter. There would be ample
time as the Legislature will probably hold till
after the 18th of next month or the LIST OF
April perhaps. This would settle the matter
forever. He moved that the question lie on
the table with the hope that the House in that
vote would decide whether the suggestion he
made would be favorably received.
Mr.. GUSHING replied to Mr.. BAKER.
Mr. SMITH of Litchtield thought the matter
could be settled by the House to-day. The
gentleman from Winterport had suggested
that it be sent to the people in March.
His little district was composed OF nine hun
dred and if their voices should come back as
H. Al, h,,v,
sentative should vote for the death penalty, he
should be inclined to sit here and vote to
abolish that penalty and then resign and go
home. He hoped the main question would be
taken and by passing it submit it to the peo-
pie, for he would not by his vote have the
blood of any victim upon his head.
Mr. ADAMS of Biddeford, hoped the motion
to table would not prevail. He thought the
House settled in their convictions. Prece-
dents show that the vote on question submit
ted to the people has been very small. The
people having confidence in their representa-
tives send us here to exercise our own judg-
ments, and lie thought the responsibility was
not to be shirked.
Mr.. ToBEY was ready to vote upon the
question to-day and take the responsibility,
but still if this question is to come up here
year after year to be fought upon this hoor,
and if by submitting a resolve to the people
next September would settle the matter, SO
that legislatures hereafter would feel that it
was settled, he would be in favor of it.
Mr.. HALVES opposed the motion to lay on
the table.
Mr.. STONE had no wish to discuss the ques-
ton, nor did he know what the temperament
Of the House might be, but he knew the mat
ter received thorough discussion at the last
session and was settled for that time. 1t is
here again. 1t is an important question, but
he was willing to meet it now. 1t 1t is to be
discussed from year to year so be 1t; ana II
we are to have q discussion at this time, let
us have a full and impartial one and both
sides of the story told. If it was to go to the
people he submitted to the gentleman from
Winterport whether it can possibly receive
satisfactory vote in the coming spring. He
had no objection to its going to the people,
but he thought it should be put off to longer
time than the spring election, as it would be
too short time in which to give the people
notice.
Mr.. CHASE Of VIM, said he looked upon
the action of the last legislature as Sinking
the responsibility upon the Governor. We
are now placed in the same position, and as
one opposed to this relic of barbarism he felt
called upon to &C. in this matter this winter.
This matter of submitting questions to the
people he knew something about, and he knew
that fair expression was never got on any
question, for they take but little interest in
them. The matter had received great con-
sideration, and he thought the legislature as
well prepared to act upon II now as week
hence. He intended to use his vote and in
fiuence to eradicate from the statute this law,
and he thought he should be sustained by a
majority of his constituents, if not by MAJOR
ity by the intelligence of his district.
Mr.. VosE Withdrew his motion to table, the
question then recurring on the amendment
offered by Mr.. Gushing. ~
Mr.. FARwELL opposed the amendment
briefly. He had not the slightest faith in SUBJ
uniting this question to the people as settle
ment. He cited the ''c0nstabulary question"
in support OF his argument that il would not
settle the matter.
Mr.. TwITcuELL opposed the amendment
He hoped the legislature would meet the qucs-
ton without auy shrinking OF responsibilities,
and wipe from the statute what has been SO
justly termed this relic of barbarism.
Mr.. DEARBORN was perfectly willing that
the matter should go to the people. 1t is an
important question and are we ready to de-
eide it to-day? Are we ready to remove the
safeguards from society that hitherto have
protected it in some respect against the crimes
of those who have had a disposition to commit
them? He was not ready to act upon this ques-
tlON, anu uc wis dStOulsueu dt tlc spirit
ifested by some of the leading gentlemen of
the House, who not only tell us that they are
ready to meet this question regardless OF the
wishes of their constituents, but they say they
are anxious to meet it now. He was repre-
sentative Of his constituents, and he wished to
act as they think proper, and he hoped the
amendment would prevail giving the people
the right to decide matter of such magnitude
as he considered this TO be. The gentlemen
opposing this amendment know well that
when this question is submitted to the people
that they will rise in their might and by their
vote they will say, "Let us have this penalty
still remain upon our statutes" He was sat
isfied that his constituents were in favor of
capital punishment and he declared himself
as opposed to any amelioration Of the present
penalty for the crime of murder.
Mr.. HUME was not afraid to meet the re-
sponsibility, yet he felt that the people should
be heard in the matter, and favored the
amendment. He declared himself as opposed
to capital punishment.
The amendment was rejected.
The question then required on indefinite
postponement.
Mr.. BAKER thought the desire OF the House
was IN sattla tho uuastiou tO-dav He fhouuht