Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1874-01-15


to dispose of the s2,SsO acres OF school
land, and the timber on the ten townships
reserved In the grant to the European and
North American Railroad. This railroad
grant included not far from 100 900 acres,
vaiued at more than $500 600, and Is nearly
ali still held by the road, although mort
gagged to secure the payment Of their
bonds. Ii Is OF the highest Importance to
the State, that SO much of these lands As
well as Of other immense tracts Of land
within the State now held by proprietors,
as Is suitable for settlement, should be
placed within the reach Of settlers on the
most favorable terms. 1t Is too late now
to correct the wastefui policy under which
the magnificent domain which the State
possessed half century since, has dlsap.
peared yet much may be done to remedy
evils that arise from the locking up OF
iai &c tracts OF settling lands which would
otherwise be improved.
Decisions favorable to the State have
been had in two Of the cases where the
European and North American Railroad
made certain claims on the State; but the
NEST important case, involving n claim on
the part OF that corporation to nearly all
the remaining lands held by the State, al
though argued last July, IL still held by
the court for advisement. Your attention
Is called to several important recommen-
dations made by the Land Agent, and
particularly to the importance of taking
measures to quiet" certain claims OF set
tlement OF our northeastern boundary.
SWEDISH IMMIGRATION.
The report of the Commissioner of I'm
migration presents a detailed account OF
the inception and progress Of the enter
prise Of founding a Swedish colony Ia
Aroostook; and announces that In Sep
teinber last all State aid to the Swetles
ceased, and that the colony of COO persons
Is now self-sustaining. The colony owes
the State a balance Of sic, a92 .16. on sup
pres. advanced to them. which Is to be
paid in work on highways as wanted.
There are at present no American citizens
aud consequently no municipal organiza-
ton in New sweden. and can be none for
two years, at the expiration of which time
a hundred and thirty-three Swedes who
have already taken the necessary prelimin-
airy steps. will become American citizens.
The Commissioner Is confident that the
colony will not only prosper, but also that
1t will attract still larger immigration
from Sweden; and the results fully Justify
the State expenditure now closed. He
recommends that the care OF the public
tfSft'ty sh .NtW 'NCltb, rs Ncit AS Ot the
road labor due the State. be transferred
to the Land Agent; and that the act estab-
fishing the Office of Commissioner Of Immi-
grafton. be repealed.
THE FISHERY COMMISSION.
The annual report of the Commissioners
OF Fisheries gives an interesting account
OF the progress of their work, in connec-
ton with that of United States Commis-
sioner Baird, in introducing and dissemin-
atins valuable species of fish into the
streams and lakes of this State. The ex-
pertinent of Restocking our fresh waters
with salmon, shad and alewives, has so
far progressed, and the difficulties in the
way have been so far obvated by the con-
struction of fish-ways over dams and the
rfmoval of other obstacles, that the Com
fnfssioners speak with entire confidence or
the complete success OF this important
movement 10 restore TO our lakes and
streams their former abundance of food
h>hes. In very short time now the prac-
teal results Of these efforts will be patent
to all. and If these shall come near the
coniident expectation Of those who have
The best means of information on this sub
Ject, we may regard the small investment
OF the State in this direction as peculiarly
fortunate and wise. The recommendation
OF the Commissioners should receive the
attention they SO well deserve.
THE LAW DEPARTMENT.
The report OF the Attorney General
gives detailed statement Of the extent of
the labors of this officer, as well as of the
several County Attorneys, in enforcing the
laws of the State against crime. The sug-
gestions contained in his report should
receive due consideration.
THE LAWS TO PUNISH MURDER.
In view of criticisms which have found
expression. not only in public journals,
but even in courts OF justice. l should fail
to discharge the duty imposed upon me, ii
did not direct your attention to the
anomalous provisions Of our statutes Tor
the punishment Of the crime of murder in
The hrst degree, since the legislation of
lS69. In contravention OF ~ill-settled
principles or government, this statute fails
TO preserve the wise distribution OF powers
contemplated by the trainers of the con-
stitution, in that 1t imposes upon the
executive department the duties and
responsibilities OF court of reyiew-a
junction clearly judicial rather than execu.
tive.
By this statute it is made the imperative
uuty oi Tie governor and council to care
ihiiy review the evidence and proceedings
III every case; and then to decide whether
the sentence of the court imposing the
punishment provided by law. shall stand,
or another penalty be substituted. Prac-
ucaliy, the determination OF this extra.
ordinary court of review-in which each
member is i; law unto himself,-is con-
trolled by majority of the council; for q
sense OF the impropriety OF one and the
same person acting both as Judge and
executiOner, has in every case that has
arisen under the law, restrained the execu-
tive from assuming the grave responsible
~ oil overriding the action of the council
when that body has voted in favor of COM
mutation. When the council have voted
otherwise, as they lave done in only
single case since the enactment OF the
statute of 1869, the executive has issued
his warrant, as then clearly required bv
law.
1t will be obs erved that the statute re-
quiIement to which your attention is call.
ell, is additional to, and even inconsistent
with the design Of the pardonins power
conferred upon the executive by the con-
stitutlOn. The latter is constitutional
prerogative. designed not as an ordinary
provision for revising the proceedings Of
the courts but simply as an exceptional re-
sort in extraordinary cases, over which it
was intended that neither the legislative
nor judicial department should have
control, and for the exercise of which the
executive department should be solely re-
spOnsible. But the former is q statute duty
imposed upon the executive department, re-
quiring "review" of every case, and al
most inviting the exercise of the pardOning
power as ii the legislature contemplated
that modification of sentence should be the
rule instead of the exception. As the con-
stitution makes ample provision for any ex-
isency demanding the Intervention OF the
pardOning power, it seems to me eminent
ly desirable that our statutes should estab-
lish such penalty for the crime of mur-
der as the law-making power expects to
have uniformly executed. TO incorporate
in them provision looking to the modifl-
cation after conviction and sentence OF the
penalty provided, is not only to create In
the administrators of the law more than q
suspicion that the punishment nominally
established was not designed to be execu-
ted, but also to deprive the law of that
wholesome influence over the evil-dispos-
ed, which comes from the conviction that
no one adjudged guilty can avoid the uni
- uprx1 ~ -