The Portland daily press., 1875-02-08
Augusta Correspondence.
The WorL of the constitutional Commls-
sion-Capital Punishment-A "tanai"S
Topic-Indian Ideas of LeSislation'

AUGUSTA, Feb. 6, 1870
The Constitutional Commission has neariy
completed the ,work it was called to do Inc
gentlemen composing the board nave '"oiAou
most industriously. 1t is evident TO any ono
who has been present during any conslderapie
portion of their deliberations, that 1t wouiu oe
impossible for any legislative committee 10 ue
vote the attention to this important WORK WHICH
the Commission have given 1t. Inc repor's
ent to the papers are but mere records OF the top
cs considered, but give no idea of the thorough
discussion and examination which have been
given to every proposition. AS has been s'a'eu'
there is some outside talk to the effect that tne
report of the Commission should be referrea W
the next Legislature on the ground the people
desire more time to examine SO important mat
ters. The people will hardly appreciate Tue
implication of dullness of comprehension con-
tained in the suggestion. They will douptiess
be as well prepared to vote upon the proposeo
amendments next September as a year after'
doubtless better since in 1876 their attention
will be largely engrossed by the more exci1ihs
subject of a national election. The questioh oi
the manner of submitting the proposed amend
ments has been discussed by the Commisslon'
The most practical mode seems to be tnat en-,
ployed in New York last year, viz: TO nave all
of the amendments submitted printed on slip
of paper or ballot. If the voter desires to vote
for all of the propositions he deposits the baiiol
as printed, but if he desires to vote against any
of them he merely draws mark over tnem'
and if he opposes all, he erases all.
The debates in the Commission the past few
days have been very animated, and were de-
voted almost exclusively to the relation between
the Legislature and corporations, particular
reference being had to such railroad corpora
tons as claim to be exempt from taxation by
virtue of sections in their charters which
are held BY many to be contracts. Probably
nearly half of the time Of the Commission has
been devoted to this subject and exempting
corporations from taxation under certain con-
ditions. Messrs, Talbot and Libby have taken
the grounds that the authority OF the people py
their legislatures is supreme; that charters can
hardly be construed to be contracts; and that
the legislative power should have the right to
alter. amend or annul at will. On the other
hand, Messrs. Madigan and Pike hold that
these charters with their declarations partake
of the nature of contracts, and that it would at
last be breach of good faith to SO amend the
constitution as to authorize the Legislature
hereafter to amend privileges granted by previ-
GUS legislatures, and under which the railroad
corporations have invested large sums of money.
Tue contest has been on an amendment to the
constitution which would carry cut these diff
ferent views. Messrs. Talbot and Libbey would
declare the authority Of the state supreme, and
have all existing corporations subject to any
general laws which the Legislature may, at
any time, enact. DR.. Robins rather held to
this doctrine, also Mr. Gilbert and Gen. KIM
ball. The President and Messrs, Haines and
Rust, judging from their remarks, held rather
to the views of Messrs. Madigan and Pike,
though they did not apparently press the point
so emphatically. OF course, with the board
about equally divided, it was difficult to fix
upon provision to which all could subscribe.
A great many propositions were drawn, a score
of substitutes and two score OF amendments
offered, and long, earnest debates occurred with
exciting passages, and here and there sharp
retort, all the sharper because between friends
purely intellectual contest were Messrs. Talbot
and Pike, gentlemen who have appreciated and
measured each others ability for twenty five
years. Each skilled in the use of his intellec-
tuali weapons, and knowing well whatever
weakness the other had, and how to take him
at such point, and all the while warm per-
sonal friends, a contest between the two men is
we'll worth witnessing, and no place for an un-
skilled party to interfere. The result Of this
protracted consultation will be found in the
last section, numbered fourteen, in the proceed
ings of that body published elsewhere On the
whole, it is considered more of vict ory for
Mr.. Talbot's party, though by no means what
he and Mr.. Libby would have had. All of the
members voted for it except Mr.. Gilbert
Judge Kent complained that as a Judge il
would give him some trouble to define what il
really intended with reference to corporations
chartered before such a constitutional pro-
vision should go into effect.
In the lebate Friday on the provision to
abolish the Executive Council, Mr.. Gilbert de-
sired to amend by substituting the Senate. He
thought if either body was to be discontinued
to save expense, it could best be the Senate.
He supported his proposition by argument to
prove that the Senate was not necessary in leg
islation.
The standing theme Of legislative conversa-
ton is the capital punishment question. To be
sure there are periodical and ephemeral topics;
the clawy crustacean known as the lobster has
been subject of a great many feeling points
the senseess and consequently intensified
wars over the division of towns, and the con.
f1icts between those gentlemen who are ambi-
tious to extend abuses, and those who are emu.
lous only to prevent them. These themes are
transitory. When the dozen or more of men,
bers meet for an hours rest and converse, the
death penalty is the subject upon which every
one has opinions and can hurl arguments pro
and con, venerable with age and as Intellectual
through long and excessive use as a axe
worn to the eye. Nevertheless these steeless
weapons are brandished and welded with as
much apparent satisfaction as if they were
new Damascus blades Both parties are conf.
dent of success, and it is evident the opponents
of the death penalty will come nearer to hav-
ing majority in both Houses than ever before.
The Indians have been here this session in
greater numbers than for many years previous.
They came from the Penobscot tribe, part of
them desire to have all special laws relative to
their elections abolished. The "red man" is no
more part of the present Maine Indian. Those
who have been here are good appearing men,
talk English fuently, read, write, and some of
them wear the latest style of stove pipe hats
and other fashionable clothing. One of them
in his speech to the committee demanded ere
publican government as good for all men, In
dian as well as white" Why not, then, fund
their property so as to take care of the old and
paupers, declare the balance American citizens
with the right to vote, and no longer falsisy our
theory of government by admitting that per.
son twenty-one years of age, who can read aud
write, is an exception simply because his ances-
tor didn't take kindly to civilization? Joseph
Nicholet Il believe that's his name) has been
about here several days. He discusses the cap
ital punishment questions affecting civilization,
reads the morning paper, sits at the hotel table
between two senators and has mastered all the
mysteries of reported by - Committee,
read three times, passed to be engrossed," etc.
Joe believes in encouraging home industry.
Addressing Senator Atwood the other day, he
said: ''Senator, you report bill no killum moose
for five years?" Yes. "You report bill no kill
um deer five years?" No. "very wel," says
Joe, make 'um law no killum deer for five