Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-03-02
MAINE LEGISLATURE.
Senate.

SATURDAY, Feb. IS.
Senate met according to adjournment.
Prayer by Rev Mr.. MCCuLLEY of Hal
lowell.
The journal of yesterdays proceedings was
read and approved.
Papers from the House disposed of in con-
currence.
On motion Of Mr.. BRANDON, it was
Ordered, That the Hon. Horace Harmon be
excused from further attendance as Senator
at this session, after Tuesday next, March 3,
| and the Secretary make up his pay for the
session.
On motion of Mr.. BURGESS, it was
Ordered, That the Senate hold a session
this day at 2 l,2 o'clock, p. NJ, and. on and
after Monday, March 2, the senate hold two
sessions daily, the morning session to COM
mence at 8 o'clock, A. NJ, and the afternoon
session at l2 z. NJ,
Subsequently the order was amended by
striking out Monday" and inserting "Tues-
day, and inserting "the Senate hold its af-
ternoon session Monday, commencing at 7
o'clock, p. M.
An act to incorporate the Missolonskee &
Kennebec Railroad Co., came from the House
amended, and given passage.
The Senate receded from its former vote
referring the bill to the next legislature, and
it was once read.
Mr. WEBSTER moved that its further con-
sderation be assigned for Tuesday next.
Mr. PALMER of Somerset hoped it would be
considered now.
Mr.. LoTHRoP understood that the Senator
from Kennebec webb who was interested
in the bill, was absent on account of the sick
ness of his father, who was not expected to
live. As he would probably be absent several
days, he hoped there would be no delay.
Mr.. PALMER of Penobscot stated that he
should vote against the bill if it was consid-
cred row. He favored postponement in or
der that the matter might be considered.
Mr.. PALMER of Somerset remarked that the
only link to be filed in the line from Canada
to Wiscassett, is the short link from West
Watervi!le to Augusta. The road would be
built by foreign aid, if chartered.
Mr.. FOSTER called for the yeas and nays,
which call he subsequently withdrew.
Bret remarks were made by Messrs. Bur-
CESS, Emery and Abbot, and the bill was as
signed for Tuesday next.
Bill an act to more particularly define the
offence of murder, came up on its first read
ing.
Mr.. BURGESS inquired if this was the bill
the Judiciary Committee were to report, if the
one to abolish the death penalty was lost?
Mr.. EMERY explained that the bill simply
defined the offence of murder.
Mr.. FOSTER inquired if manslaughter did
not cover the case?
Mr. EMERY replied that the bill introduced
feature of the provocation of great wrong.
Mr.. FOSTER was of the opinion that the
criminal would, in every case, find that the
provocation of a great wrong would excuse
his crime.
Mr.. CUTLER moved the indefinite postpone
ment of of the bill. .
Mr.. EMERY replied.
Mr.. FOSTER thought the bill was one of the
greatest inducements to crime ever reported.
1t was premium on crime.
Mr.. CUTLER was Of the opinion that by this
bill we expressly say to the criminal that he
can take life at pleasure.
Mr.. EMERY moved to table. Lost, Q to 8.
The Senate, by a vote Of II to 4, voted to
indefinitely postpone the bill.
Bill an act concerning proceedings in capi-
tai cases came up on its passage to be en-
crossed.
Mr.. CUTLER thought the title to the bill was
well calculated to deceive. 1t should be en-
titled bill an act to erect the gallows in Maine.
The title was msnOmer. lie was unalter-
ably opposed to the passage of the bill. He
had twice voted in favor of the abolition of
the death penalty. The present measure was
uncalled for, and in his judgment there was
no necessity for such law. lie believed
there could be no good reason why the bill
should be passed. We have laws on the
statute book, under the operations and execu-
ton Of which, the people have had their rights
and privileges securely guarded. He looked
upon the passage of the bill as a step back
ward in progress, a step towards barbarism,
step in opposition to the spirit and genius of
our institutions, which he supposed to be
based on the grand ideas of christian civiliza-
ton, which prevail in our country and in the
civilized world. He hoped that Senators
would consider this matter carefully and give
it due reflection before they acted upon
measure of so much importance. lie regard
ed many of its provisions as being almost in
human, and that 10 good would be gained by
the passage of the bill. He moved its indefi.
mite p0stponemcnt.
Mr.. EMERY explained the action of the
Committee. He remarked that he had also
voted twice, like the Senator, (Mr. Cutler,
for the abolition of the death penalty. In
some of the views he had expressed, he agreed
with him but took issue with him in
some respects. This bill did not erect
the gallows which was already erected
and had been twice used within dozen
years. The bill was simply matter of de-
tail, as to how the gallows shoHld be used.
Much TO his regret the bill to abolish the
death penalty had failed to find a passage in
the House, and that branch stands by its ac-
ton. The people had expressed themselves
decidedly and strongly in favor of hanging,
and he for one, proposed to bow in obedience
to their will. Two or three times the past
year their will had been defeated. 1t she uld
now be respected. The present law on the
statute book is a disgrace and an anomaly.
1t puts it upon the Governor and Council to
revise the sentence of the court. This bill
provides the details. 1t provides for post.
ponement of sentence one year. This bill
gives time for reflection. 1t is not hardship
nor is it a harsh provision. He explained