Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-26
ner-of seat in the Senate. His name

pctitors stick" he has hard chance to
beat them. West Virginia is troubled
with the rivalry of the democratic .candi-
da,cs for senator. which promises to make
the struggle there long and exciting. In
Wisconsin Mr.. Carpenter was renominat-
ed in the republican caucus Frdry even
ing, receiving forty Of the fiGty-nine votes
east. There seems to be no doubt Of his
re-eltction.
From the six States yet to elect there
VIII probably pq four republican, and Two
democratic senators elected. If this beso
tho twenty-five senators elected 10 seats
on the 4th of March next will be divided
politically into eleven republicans, thirteen
democrats and one independents a repub-
lean loss Of six members, the loss being
in Connecticut, Indiana, Pennsylvania,
Tennessee, Virginia and West Virginia.
This will still leave TIE republicans with
more than twenty majority in the Senate.
THE DEATH PENALTY ~ MAINE.
The brutalzing spectacle of public execution
at Augusta on the 2nd of January, 1885, led
thoughtful and intelligent people to inquire what
species of philosophy it was that kept upon our
statute book penal law the practical enforcement
of which was attended with such demoralizing and
disg1aceful scenes. 1t led them to consider fit was
necessary for the prevention of crime and the pro
lection Of society that we should still adhere to
- u. AL to -,
balterous age and in the barbarous idea Of ven
geance and retaliation, and which is essentially
barbarous in its nature and effects. They began
TO inquire if we had not progressed to that stage
of civilization and enlightenment that we can con
troll the cyii-dsposed in our midst by means ofthe
efectual restrain, Of prison walls and the reform
atory influence Of education and labor Accord
ingly a determined effort was made during that
and the following yeai, under the leadership of
prominent members of the society of Friends, TO
secure the unqualified abolition of the death PEN
atty in Maine. In the year 1896 an elaborate re-
port was M de to the Legislature upon this sub
ject, by Tobias burlington chairman of the COM
mittee to whom tie question had been referred,
comprising complete exposition of the philosophy
Of puuishments and taking strong grounds in IA
vor OF the repeal of the existing statute. 1t was
discovered. however, that under the constitution
as it then Stood the aboshing of the death penal
ty would render murder bailabe offence, and
fual action upon the matter was not taken untll
the following winter, an amendment TO the const!-
tuition having been adopted in tie mean time. Bat
those who were unable to answer the arguments
and facts adduced 10 favsr Of the repeal the law
were also unable TO overcome their preiudces
and still desired to retain the law an exceptional
resort in extreme cases" Il was significant
fact. however, that the most jealous advocates of
capital punishment, in this same legislature OF
1885,, unanimously voted that executions should
10 longer be public, but should take place in the
prison yard at Thomaston Asserting and insist
ing that there then was nothing like the taking Of
human life as an example to teuily the eyil-iis-
posed, thst il was an impressive moral exhibition,
the recollection Of which would always stay the
hand of violence, they roted that it was at the
same time so demora'zing and pernicious in it;
influence that these same eyil-disposed persons
should not be permitted 10 witness it all, but that
the officers of the sovereign State, representing the
overst allowing majesty of the law, should take the
strangle them in secrecy and private
The result Of this agitation was the uncertain and
oquivccal enactment of 1887, which continued the
law of the State for thiry-two years. 1t was re-
garded at the time at least by the supporters of
law as practical abolition of the death penalty,
and in this faith the public sentiment remained
qnitt for twenty seven years. Indeed, but for the
solitary and exceptional resort to it in 1861 in the
extraordinary case Of Spencer, the death penalty
would have become "outlawed" in the public mind,
when Gev. Chamberlain discovered an "extreme
case" in that of Clifton Harris. About this time,
too, either from the demoralzing influences of
war, or from the operation Of other causes mys.
FERROUS as those which precede epidemics, homi-
cides apparently increased in frequency and num-
ber Superficial reasoncrs clamored for more
rigid enforcement Of the death penalty, but the
strangling of Harris measurably appeased this
class of philosophers, and the agitation of 1869,
simply resulted in another equivocal statute, the
design of which was to leave the matter wholly in
the discretion Of the Governor and council. Cn-
der this, as under the former law the practical re-
suit has been the abolition Of the death penalty.
But it was the design of the constitution that
we should have government of laws and not
men. The law Of 1869 is admitted on all hands
to be discied.table anomaly which should no
longer he permitted TO stand. The proposed exc
cGtion OF the sent snces pronounced upon Wagner
and Gordon, has again brought the Legislature
face to face with this important question, and it is
to be hoped that it will now be determined and
settled in accordance with the civilization of the
age and the true theory of punishment.
1t is Improbable to consider capital punishment
upon any other ground than that of it, expediency
or necessity. If ii can be shown that it is benef-
cent to society," that the whole it is productive
of more good than evil, let it be established
and enforced. The burden, however
should be on those who advocate such
an extreme penalty, to show the necessity
and expediency If it. But the opponents Of it
will confidently assume the task Of showing that
1t not only does no good but that it is in itself
positive evil. lis alleged terror as an example is
the Alpha and Omega Of the argument in favor Of
it; but if those who constantly urge it will con
slider the matter in the light of reason, examine
its history, with the statistics bearing upon IT,
they cannot fail to be convinced that their argu-
ant "a 10. u, r. Al.