Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-01-12

thought the principle right, and should vote
for it.
Mr.. STEVENS said that he supposed the
voting down of he proposition for the Argus,
was done on the part of many, on the ground
that it was an invidious distinction This
makes no such distinction, and this was one
of the reasons why he should vote for the
measure. He regarded it as a just proposition,
and one for the benefit of constituents.
Mr.. KNIGHT did not suppose that any par
ticnlar principle was involved in half dozen
of these latter discussions, and he wished to
refer to one matter for the purpose ofexplain-
ing upon this question of the Argus.
Several years ago the Journal and Age,
both dailies, representing each party, were
bad during the session of the Legislature.
Both gave precisely the same information to
the Legislature. They made up the records
of the House; and the question of politics, so
far as these Legislative Journals were con-
cerned, was never thought OF. The Age was
suspended and the journal was issued daily
containing the same information, and was
purchased by the Legislature as the two
others had been purchased, because it was the
cheapest way to bring the knowledge of what
had been done to members. Three or four
years ago some democrat moves that as the
republicans had the Journal, that the demo-
Gratis should have paper, and the Argus was
been brought up again this year, and he had
hoped that some one would refer to this whole
transaction. 1t was upon this ground that he
had voted to-day against furnishing the
Argus. The proprietors OF the Argus were
personal friends of his, but as he did not be-
lieve the Journal was voted to him because
he was republican, he did not believe
that question entered properly into this dis
cussion. We have got the Journal because
we need it, and democrats are as much bene-
flied by it as republicans. Another paper he
thought matter of courtesy, and more
papers than that is nonsense. In regard to
the matter of postage stamps, he thought if
the House kept on in this way that the people
would hear enough of its doings if special
word was not sent them.
Mr.. PALMER concurred in the remarks of
Mr.. Knight. He believed if there where any
gentleman who did know what his pay was
going to be when elected, he ought 10 have
found out.
Mr.. SpRAGUE felt constrained to vote
against the order. Members well knew what
their pay was to be- If they want to increase
the pay of the Legislature, let them get at it
in a direct way, and not through tricks and
schemes. He could furnish his constituents
with the documents that should be placed at
his disposal, and he thought other members
could do the same. He voted against the
proposition for the Argus for the same reason
that the gentleman from Portland, Mr..
Knight has given.
Mr.. KEEGAN again spoke in opposition to
the order.
The order was indefinitely postponed on
motion of Mr. CARLETON.
Bill an act relating to the Superior Court
for Cumberland county came up, and Mr..
FEssENDEN moved that it be put upon its
passage to be enacted.
Mr.. CARLETON quoted from the Constitu.
ton of the State to show that the Legislature
shall pass no er post facto law. This bill
| seeks to confirm the doings of this Court,
which has been progressing for one entire
year, trying criminal cases without jurisdic-
| ton. He considered it a serious question,
whether under the oath to support the Consti-
tuition that members have taken, this law,
| which is really er post facto =, can be passed.
He was perfectly willing that the law should
be enacted if right, but he could not sit
silently without suggesting to the House the
fact that we are directly called upon by this
bill to trample down this provision of the
| Constitution.
| Mr.. HUMPHREY knew something of the
| facts, and of the necessity of passing this
bill at this time. The bill has been intro
duced here for the purpose of re-enacting the
law of 1868, giving this court jurisdiction, if
| the law by accident has been repealed. In
the second place it is $50 far as it can be
| done), to affirm the doings of that court
during the past eleven months He knew
personally that the Judge of that court is
| very anxious to have this bill PASS, so that
| there may be no doubt about the matter: As
he understood it, an er post .facto law is a law
making an offence criminal, which was not
criminal when committed. He did not deem
| this an er post Jacto law at all.
| Mr.. WILSON of Thomaston wished to ask a
| question. 'Suppose that "a has been indict-
ed in court which has no jurisdiction, and
sent to prison for ten years? We are asked to
ratify his thus being sent off without any
legal trial?" He would like to pass this bill
in some proper way to legalize that court,
but he had serious doubts whether he should
vote to ratify the acts of Judge Goddard or
| Judge Lane, who had sent unlawfully some
poor devil down to Thomaston for the term OF
ten years, through justice had been dealt out.
Mr.. HUMPHREY replied that many acts had
been done, such as towns loaning their credit,
and the Legislature had ratified their doings.
Mr.. WILSON. That was dollars and cents,
but this is human liberty.
Mr. HUMPHREY continued, and said if the
Legislature undertakes to confirm matters
which they cannot under the Constitution, il
Court, and nobody is hurt by it. If this bill
passes to-day it by no means deprives any
one of their rights, for the matter can be car
ried forward, and a decision from the full
| Court had.
Mr.. WEBB thought the matter of the doings
of towns not german to the question. That
is a civil matter, and the er post facto law re.
ferred to in the Constitution, refers only to
criminal matters. Ii this Court has sent
persons to prison while having no jurisdiction
we certainly have no power TO make it legal.
He would like to pass the bill, because if we
exceed our power the Supreme Court would
consider it. He was ready to vote for the
bill.
Mr.. WALKER of Newport, thought the prin-
ciple OF ez post facto did not exactly apply to
this case. The idea he had of what is
> termed in the Constitution an ''ex post factc
law" is one which makes an act criminal af.
ter it has been committed, which was moi
criminal at the time il was committed. As
he understood the bill it was to cure any de.
fects in the proceedings of convicting those
who arc actually guilty of the offences charg
cd against them. lie was in favor of passing
the bill.