Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-02-16
that there shall be meted ont 10 him tba. nnnisb.

that there shall be melted out TO him that punish.
mcnt which he has justly brought down upon him
sell. Some would say this was yindictiycpe.s
lie ala not oeiieve 1t was. The first thing that
ilses 10 mans mind when he hears of an afro
cious CRIME Is, condine punishment for the rerpe-
traitor oil IT, hat is feeling implanted there for
some good purpose-that we might he able and
willing to prot ct ourselves. And in the organic.
auon OF society we nave given up these rights Of
Furnishing those who do us wrong, and turn them
over 10 the State. Just far as the State takes
that responsibility it is doing its duty, and lust so
far are we relieved from the responsibility of pun
ishing criminals. just so long as the State fails
to do It's duty in furnishing those who have offend
ed, just so long will those individuals composing
society re'ake the power which the State has
abused. lie appeaied Tor the continuance of the
law IN h' half Of society, a. protection against Its
unruiy element, W. ch is liable to spring from the
breast OF any man at moment when he sees that
IN the distarce there i' no equivalent punishment
Of the crime.
Do away with the death penalty and where is
that peculiar safeguard to life; The bu,g lar for
instance, under the repeal Of the law, would not
hesitate to add TO his crime Of burglary that of
murder. Were Is the protection to the warden
OF me state Prison from the men who are there on
life sentence? No seveier punishment xi be
visited upon him if he takes the life of his keeper.
lie did not believe, as had been argued that i'm
prsonment for life is a greater punishment than
that of death. The piLcple of the preservation
of human lie is inherent in every one of u.s. 1t
pcivades every human being. We find 1t in the
high and the low. And that feeling has great
weight IN lettering criminals from the final COM
mission of murder 1t tells him that If he steps
over the boundary and violates the right of human
life, his own lie i forfeited.
lie next proceeded to reply to the argument that
the State has 20 right TO take life. lie also replied
to the last speaker ON the matter Of stati-tics La
conclusion, be said we have clear definition of
the crime of murder. a clear cnuncialion Of the
duty OF the presiding judge, and clear enuncia-
ton OF the duty of the executive. lie that runs
may read There stands firmly and strongly cut
the declaration of the State that whoever sheddeth
the blood Off man wilful!y, by the State shall his
blood be shed.
Mr.. TALBOT passing over the merits of the bill
took the ground that it was not constitutional
Mr.. HoBsoN advocated the bill and his vmend-
ment. Remarks hereafter
Mr.. HrssEY said the amendment thrown in had
left him In quite strait, and he felt that he would
not be doing justice to a large proportion of his
constituents, that he would be recreaut to the
cety that he rep, esents, if he remained silent.
STILL he would not hurt their own case. To his
mind, the fact of any law the statute book, al
lowed by the amendment, to take the life of any
human being. struck him with such awe and dread
that he could not withhold his Dice in testimony
against IT. We boast of the liberalty Of our State,
of its humanity but he bluslled the thong ht that
future generations will look back on us as just
emerging from the darkness of barbarism. We
have no right to enact laws to take away the life of
any human being. We most sincerely believe that
the Saviour in his sermon on the Mount and by
all his teachings, fully sbrogated the Death penalty
His teachings were do good to them that hate
you and pray for them that oesptefully you
and prosecute you.' He came not TO call the
righteous but sinners to repentan e." He came
not to destroy but to save mems lives. From these
same scriptures we have thou shalt not kill and
that voice comes down to us to-day in deep thunder
tones as it did to the jewellers around Him thou
sands of years ago. lie referred to the law gwen
to Moses, Whose sheddeth mans blood by man
shall his blood be she'd" and said that it is not GER
tain whether the word shall" was translated right
whether it should not have been will, making it
prophesy. Ii II was prophecy, II had been ut
tery fulfilled in the works of destruction and
slaughter that has been committed on men. Mr..
Hussey continued briefly.
MIR. PlLLsBURY advocated the bill. lie might
take the same position Of gentlemen who had pre-
coded him, and argue that we ought to abolish the
death penalty for love and our duty TO our fell
low men. He might appeal to the sympathies of
the House, not for the feons but for their fathers,
mothers, brothers, sisters, daughters and sons, who
in many instances, he had no doubt, suffer more
than the criminal himself lie might portray
aged mother, having lost one son by the hand of
assassin, and that assassin another son, plead
ing her Bonded knees for the life of that dcgen-
Grated Did il occur to the friends Of capital
punishment, that when that son was executed,
they were heapins untold misery upon that
mother:
He contended that society has no ight to take
human life. When man has taken the life of q
member of society, he has assaulted that commun-
ity, and the State has right to all the force
to inilCt all the punishment necessary for the pro-
lection of that community, and no more. Is it
necessary for this State TO Ill man for its safety
California had an eXcuse, but the State of Maine
has not, because she has her prisons and the law,
and she guard and keep her criminals from
doing harm.
Mr.. FLOYD advocated the bill. lie admitted
that society has a moral and legal right to pro-
tect itself Ever since the history of the world it
has been the study Of governments how to get
laws that will protect society. And to-day we are
here to make laws to protect society. He main
tanned that the advance of civilization which mem
bers were leglslating for, demands an abolition of
the death penalty. The State has ample means TO
provide for the care and protection Of society at
the present day, and with such means it is the du
ty OF the legislature to legisate SO as to abol
ish the death penalty.
Here the hammer of the Speaker fell, the two
minutes which Mr. Floyd had having expired.
Mr.. ANDERSON thought the argument that the
burden OF proof is upon the defendant in case,
is new principle Of law. He contended that the
burden was upon those who would change the
law. lie reviewed the present law defining and
Furnishing murder; the jury passes upon the degree
of murder. Is it necessary to leave more to them
If, had been argued, by the opponents o! capital
punishment, juries are unwilling to convict be-
cause men viii be hung if they do So would not
that same jury be very gjad OF the halfway posi-
ton to stand upon, and say, 1--WE will find him
guilty of murder in the second degree" 1t
seemed to him unnecessary to give more power to
jures.
lie characterized the law capital punishment,
on the statute book beiore tie present law, as one
al negatives. The law Of 1875 was enacted, max
ing the punishment sue, and the result has been
that only one murder has been committed since,
and the murderer in that case, understanding the
SYNONYMOUS death that awaited him, destroyed
himself. He next reviewed the history of the
State touching the laws on capital punishment and
the executions under them, to show that under
laxity of the law the crime g murder had in
creased.
lie referred to the argument that society has
right to take life. 1t had been conceded, that
man for the protection of his own life or the pro-
lection of the lives of those dear to him. or in the
defence of property even, has right to take life.
That right is given up to society, and society
agrees TO defend its citizens instead of leaving it
for them to do. And society can. and ordinarily
does exercise this right thus delegated, against
the criminal and murderer who takes the life of
any meuEer OF the community Why should not
this be so If he had the hight to take life for
his own preservation, why had not society the
same right for the protection of the whole COM
munity to take the life Of one man? Liberty is
the rift of God as we'll as life, and vet it had