Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-15
MAINE LEGISLATURE.
Senate.
THURSDAY, Jan. |.

THURSDAY, Jan. Ia.
Senate met according to adjournment.
Prayer offered by Rev. Mr.. CPJoHN Of
Augusta.
The journal of yesterdays proceedings was
read and approved.
PAPERS from the House disposed Of in concur
renee.
Communications were received from Hon. Geo.
G.. Stacy, Secretary of state, transmitting the an
nual reports of the Trustees, President and other
officers of the Maine State College of Agriculture
and the Mechanic Arts, which were referred to
the Committee on Agriculture, and the reports of
the Director. and officers of the American Asylum
for the Deaf and Dumb also the report of the
Commissioner on Claims of Settlers or Propretors
Lands in Aroostook, which was referred to the
Committee on State Lands and State Roads
Petition of Alexander Martin ct ais. to build and
maintain wharf in tide waters at Rockport Har-
bor with bill, came from the House, referred to
the Committee on Interior Waters.
/ On motion Of Mr.. CUSHING, the Senate nom
concurred with the House, and the petition was
referred to the Committee on Commerce.
The order relating TO the reprieve of Louis ii.
+. Wagner, which was given a passage in the
House, came up, and on motion Of Mr.. Emery of
Hancock, the order was tabled.
Subsequently the order was taken up, the pend
ing motion being the adoption of House amend
mcnt, postponing the day Of execution to the third
Friday OF March, which was carried.
On motion Of Mr.. HASKELL, the yeas and nays
were ordered on the passage of the order.
Mr.. EMERY desired to say one word before the
vote was taken. The order had received a pas
sage in the House by large majority. Before
action was taken by the Senate he desired that
the matter should be examined carefully and
thoughtfully. The Senate could here exercise its
constitutional functions of caution.
lie entertained certain objections to the passage
of the ORDER which, to his mind, had great weight
Ii WAS known that he was opposed to capital pun
ishment, and when that question properly came
before the Senate, he should vote against it.
He had two obj actions to offer, which he thought
went to the root of the matter. lie believed that
the certainty of punishment would restrain crime
more than the severity of punishment. Wagner
had been tried, convicted, sentenced, and the case
had been reviewed by the Governor and Council.
| The wa rant for his execution had been issued.
| |, has all been dene fairly and mpartally. Now
for the legislature to interfere IN Wagners behalf
in the manner proposed, established dangerous
precedent. lie hoped it would not 80 forth from
this chamber that the certainty Of punishment for
| crime was to be broken down, by the Senate OF
Maine, by its interference with the course of JUS
| tice IN any particular case.
| He had another objection which to him was OF
| greater weight. We sent here to perform
certain constitutional duties. We are invested
| with certain powers and those are to enact laws.
We are not sent here to pardon criminals, nor are
we sent here to interfere with the rights or pre-
| negatives of the Executive. The Governor is in
| vested with full power to pardon reprieve. As
| Senators at this board, we have right under
the constitution 10 exercise any such jurisdiction
as is proposed II would be just as competent for
| the Senate 10 pray for a new trial Asprivate cit