The Portland daily press., 1874-09-26
The Act of 1869.

To the Editor of the Press:
There seems to be misapprehension as to
the construction of the law of 1869 in re-
lation to capital punishment.
The law as It previously existed had been
construed differently by different executives,
and portion of it THAT which provides that
until execution, the convict should be sentenc-
ed to solitary Imprisonment had been entirely
disregarded.
The execution of Harris, while the Legisla-
ture was in session brought the whole matter to
its.attention, and the present law was enacted.
1t was intended by the trainers of the law
and then understood by the opponents of the
law that it restored capital punishment, which
previously had nominaly but not practically
existed.
The law certainly went as far as the Legisla.
ture could 60 in that direction. Under the
Constitution the Governor has "power, with
the advice and consent of the Council, to remit,
after conviction, all forfeitures and penalties
and to grant reprieves and pardons, except in
cases of impeachment"
The law provides for sending copy of the
record and evidence to the Governor, and then
proceeds: Upon receiving such record and
evidence, it shall be the duty of the Governor
and Council carefully to review the whole case,
and unless they think proper to pardon the
convict or commute his sentence, the Governor
shall, apon the expiration of one gear after the
day Of the sentence, aissue his aoarrant," &c.
The duty Of the Governor is imperative I'M
less the Council dvise and consent to pardon
or communication, to issue his warrant. The
power of pardOning and committing sentence
being vested by the Constitution in the Governor
and Council, cannot be taken away by the
Legislature. The law, therefore, goes as far as
it can, in making murder punishable by DEATH
The clause requiring an examination by the
Governor and Council had two fold object: 1.
To have the question of pardon or communication
acted upon; 2. To give the Governor and Coun.
Gil the best means attainable of ascertaining
the degree of enormity of the crime. 1t was
caused partly by the introduction of a bill to
define the different degrees of murder and pre-
scribe the punishment in all cases.
The law as adopted was opposed stenuously
by the opponents of capital punishment, and
was supported by those who favored the death
penalty. 1t was debated for over week, and
was fought inch by inch, by the opponents of
capital punishment. An amendment, purpos-
ing to abolish capital punishment, was intro
duced IN the House, debated at length and de-
feated by vote. of more than twoI to one, (95
to 49,
The bill was passed to be engrossed by vote
of 81 to 35, the opponents Of the death penalty
voting in the negative, reinforced by one man
whose bill had been rejected by the House.
The last attempt to defeat the bill was by
thekwaggish DIR. Brickett of Augusta, who had
opposed it throughout, and who, after Solemn
ly saying that as it; appeared that the "gal-
lows was to be set up again in Maine" and
that he should no longer offer opposition in de-
bate, but if the bill mast pass, he desired to
make it as perfect as possible, moved to amend
by providing that the sheriff should admins
ter choroform to the prisoner just before he
was swung off,"