Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-02-16
.arn 10 be ennrossei Was a,ain laid on tho table

soldier sailor OF the late war shall be dlsfr2n-
chi,ed on account of pauperism, was taken from
the table, the question being on his motion to re-
consider the vote whereby the bill was passed to
be engrossed
The vote was rcconsidercd, and Mr. CLEAvrs
moved the indefinite postponement of the bill.
Mr.. POWERS explained the reasons that induce d
the committee to report the bill. He said that in
the opinion Of the committee the law sought 10 BE-
repealed is Unconstitutional
Mr.. CLFAvEs advocated his motion TO indefinite
" postpone Ii was for allowing the matter TO
90 10 the courts for decision on its sttution-
atty.
MIR. Rowe advocated the motion to Indefinitely
postpone. lie regretted that AIRY man should bt
disiranchi-cd, hut i'll justice to towns demanded
the repeal OF the law. lie gave an instance where
Injustice had been done 10 town through the
law.
Mr.. POWERS was in favor Of stating 10 the
tight direction il the matter ~ an amendment to
the constitution, To enable these men 10 vote.
Mr.. CLEAvFS further advocated his motion.
Mr.. TALBOT states the circumstances under
which the matter came before the judiciary Com
mittee. He opposed the law on the ground that
it was unconstitutional. and because 1t was not
consistent with the paper laws.
Mr. BASS thought the proper way to dispose of
the natter was to take 1t tothe courts. lie would
not by his vote di>iranchisc soldier.
The bill was laii on the table, pending the mo-
ton to indefinitely postpone.
Bill an act TO abolish the death penalty and to
IeSUIafe Tue manner oil apply lnS I9tuOu III tci-
tain cases came up by special assignment. Sec
lions and abolish the death penalty, providing
III It's stead imprisonment at hard labor Tor lie.
Section 8 prov dcs that any person sentenced to
imprisonment for HE, who shall desire pardon,
NAV present written request to the Supreme
court asking that application may he made to the
Governor in his behalf, therein setting forth the
grounds on which nj, afl licauon Is based and the
facts he expects To prove IN support OF same sec
zion provides that il upon the examination
e IN Il Gft 10
ion that new and material evidence has been discov-
cred tending conclusively 10 show innocence they
shall appoint hearing. orCeriug notice to prose
cutting officers of the county Where the applicant
was connected. Section provides that no evl-
derce shall be deemed pertinent except such as
las been discovered since the isl. and such as re-
lates 10 material facts tending to show that the
person was wropgfuy convicted. or that he was
innocent. Section provides that if the court
shall be of the opinion that the person was wrong
fully convic tcd, and that application should be
made for his pardon, they shall SO order. and the
case is transferred to the Governor and Council
with an application for pardon. Section provides
that the Governor on receipt Of the application,
may, with the advice and consent of his council,
grant pardon communication Of sentence upon
such conditicrs and limitations as may be deemed
proper.
Mr.. HoBsoN vjlL6lew his amendment offered
the other day, aai moved to amend by adding the
following:
case fir in heir verdict that the safety and proec-
ton CT society require that the penalty in that
case should be death; aud when the jury SO find
the sentence in such case shall be death.
Mr.. POWERS stated that by arrangement the
'ime for the discussion of the bill had been divided
up as follows One-half hour to the friends Of the
bill, and the following half hour to lis opponents.
Then those who favor II a half hour, followed by
an hour given 10 the opponents, the remaining
half hour to he occupied by the friends Of the
measure.
Mr.. FRANK took the floor and led off in favor
of the bill. He hoped every gentleman in eonsid-
ering the subject would act candidly and fairly,
not acting upon past convctons or impressions
formed without consideration. He knew how
hard it is for men to free their minds OF conyle-
tons that have existed for years, but II became
members as legislators. with whom the response
bty rests, TO consider this question in the light OF
truth and justice. and consider what is for the
satery of society. Gentlemen should not say the
death penalty i, right because it has existed for so
long. The legislature has duty to perform for
themselves and those that come after them. lie
hoped the gentlemen would not be deferred from
taking step in favor OF progress and reform, by
the argument that it is endangeing the safety OF
society In view of the past and the present he
thought they would come 10 the conclusion that
the taking of human life as punishment for crime
is not required in the State of Maine in tins 18Th
century. He hoped the plea that We are well
enough as we are, would have no weight but that
meet the matter as though it had jast come up for
consideration.
The proposition here is TO establish some more
human and christian punishment than the death
penalty for the crime of murder, and the matter
was res olved into two propositions First, is cap
ital punishment right: Secondly, Is 1t necessary
If il is not right, then no necessity, however great
could induce gentlemen to act upon It on account
of necessity. No necessity can be pleaded for do
ing wrong. If gentlemen were convinced that ii
candid mind would
abolish it. If they came 10 the conclusion that II
was morally right to sacrifice human life, and yet
there was no necessity fer it, then no man would
say adopt it, 1t devolved upon the opponents of
the bill to prove both Of these propositions oeyont
reasonable doubt. If there was any doubt it
should be in favor of the protection Of life rather
tina in favor of its destruction.
If the plea of necessity was to have any weight,
then the friends of the bill should have an oppor
tunity to Try their method and whether it is
necessary to continue so barbarous punishment.
He contended that in all states where the gallows
has been abolished, it has been found unneces-
sary TO resort to>it again. He quoted Russia bel-
GUM, Bombay and the states Of Rhode Island,
Minnesota and Wisconsin, where best results have
been attained from the abolition of the death pen
atty. Would gentlemen say in the light OF such
facts that the gaows is necessity upon mere
theory or pretence
He next referred to our own State, and went in
to a history of It's past on the subject of capital
every execution in the state the number OF muir
ders has been increased
After the execution OF Sager in '35, the law was
changed, and from that time to the time of the
hanging of Spencer, there were only four murders
in the State. The gallows again erected,
and the very next winter Harris murdered two
women. Harris hanged, since which, and
within period Of twenty months time, more muir
ders had been committed in the State than during
the twenty years prior to that time. The com
mand comes to us Thou shalt not KILL Did
that mean that man should not kill, hut that the
government should kill He contended that 70
man has right to take human life except for his
own projections, ard that a man has no right to
delegate to others what he does not possess him
self If the murderer is secured, society has no
right to wreak vengeance on him by numbering
him. A wrong is committed by SO dong. 1t not
only Furnishes the murderer, Tut it Furnishes Others
be2ides running the risk of inhicting upon the in
nocent, which must be attoned for before High
Heaven.
Mr.. EASTMAN simply desired to do what he be-
lieved to be his duty to himself and TO the people
of the State. He objected to the bill and to the
amendment. lie did not believe the bill constitu-
tional, because it nterferes with the pardonins
powo4 Of the Governor, power which Is vested IN
The governor of every State. He objected to the
amendment because he thought it was not in &C
with tbp frOr1 the fact that