Daily Kennebec journal., 1883-03-06
Dailp kennfbfl JournaI.
Remarks OF Mr.. BarrOWS
of Vsssalboro, in the House of Representatives Feb
9Th, on the capital punishment bill.

against this attempt TO reverse the noble and
humane policy of the State by restoring the
death penalty.
Is there a necessity for it? Is there any
demand for it? Is il in response TO an out
burst of popular sentiment revealed to us
, through the proper channels: Is our State
about to he overwhelmed by an avalanche of
crime? Are onr citizens so rapidly becoming
murderers that We must needs resort to
slaughter for protection? If the bill before
us means anything it means an answer in the
affirmative to all these questions.
| will present at the outset some Of the
principles upon which base my opposition
to the death penalty. l. II is contrary to the
spirit and professions of Christian people
=, The punishment of death renders the
wrong done an innocent man irremedable
3, That as matter of abstract right the
State has no authority to take life, and that
its assertion of such a prerogative is founde d
on the principle that might makes right
4. That 1t brutaliZes the spirit of commu-
nifty, and DESTROYS rather than fosters III,
sacredness of human life. j. All experience
proves that it is not necessity because it has
always failed to accomplish the object sought
to be accomplished,-that is.-to prevent
crime or even to diminish it. 6, The penal
laws of State in order to be wholesome,
salutary and just, should be well grounded in
moral principle; should be no more severe
than necessary to restrain the criminal and
deter others from becoming criminals should
not provide punishment as in any sense a
payment for the crime committed. Capital
punishment violates all these principles. Ii
is retributve and retaliatory.
| 1t is taken for granted that even the widest
advocates of death as a punishment would not
| wish to infiict it upon criminal manifest1y
| insane. In the ewes of the law such per-
son is not responsible for crime. But where
is the judge or the jury or the man of science
where is the finite mind anywh re to be found
that can draw the line on one side of which
is responsibility. on the other irresponsibility !?
| Where is the mind so delicately constituted
As to be able to measure the influence of in
| herited tendency, the power of temptation, the
moral training, and all the elements that
blend together and form a perfect manhood
or, on the other hand, an abnormal and dis
torted character? Where is the one man who
would dare undertake to measure the respon-
sibility of a Jesse Pomeroy or even of q
Guiteau? Until this can be done, | say the
| responsibility is too great for any State or
any government TO take away the life of any
individual.
But we come to consider that punishment
warranted by pure necessity only. Is the
killing of the criminal guilty of murder a
necessity for the protection of society? Orto
put it in another form: does punishment BY
death prevent crime to a greater degree than
imprisonment for life? If not. then the ad-
vocates of capital punishment have not an
inch of ground to stand upon.
The State of Michigan abolished capital pun
ishment 81 years ago. The inspectors of the
State prison there in their report to the Gov
q frannnnfIx, bod tha
questions: Has the abolition Of the death
penalty increased crime in Michigan? Does
| imprisonment at hard labor for life have as
deterrent an influence in preventing murder
as capital punishment OF solitary confinement
for life? The answer may be found in the
| statistics which we believe will show that
murders n this State are not more numerous
than they are in other localities. population
considered, where capital punishment is in
full force" This is the language of the
authorities of State where tie abolition of
the death penalty is no longer an experiment,
but has stood the test of almost forty wears
The Governor of that State also says in
letter in 1880: Il think the experience of
almost 40 years has strengthened our people
in their preference for Imprisonment as the
better punishment
The death penalty was abolished in Wis
n " ~ 90 ~ 10
n;.t:. no,i '.:. o,es 'H'e li.eu iof 'u years
"i."out IT. anu ! ahi not aNaIe ''la' 'ney are
~ u. Guy "a. Vi o.'onns "eropn'"ee "
VI. s.e". "o,e"'e !" ',s"i'ei. iaet
"ed, y. "u'ee' :" h"o'e
,sianu. i" our own o,aie' 80 lar rom ''ur
uer having increased uurihg tne seven years
sihee ,'e aoo,''ion vi .ne uealh penalty, 'he
. N, - -, s". pei
A".e" uoi'n ,"e .'sh. ye"s P'ece"i"R
'i'r Hooii.io"' anu ohiy SINCE
l"e argument mas oeen advanced that
imprisonment lot hie roses lts deterrent force
rom the Iac, that the nope OF rdoh Is ever
present III 'le ,iiiho OF tne criminal. But Is
a"y reason 'ns' oe o'a,e s,ouiu XIII us
ciin,'ua's ., Una, may 'nereoy piace .hen en- pe
so"u 'ne ie"eh Vi eAecuii'e ciei,'ency' Wouio
nor De a more reasohaoie ana just solution
OF 'he dlmcuity 10 restrict the pardoning
power 80 az 10 remove as iar as possioie the
up Vi iviease Ahot"e, argument some
wa. Puei .e'"as oeen uieeu against iniprison-
'nen' ,ol me ana ''a' Is that our criminals
are ourueh 70 'lie o's'e ana 10 'he 'ax-pay
90 are .ne paupers ou5oeni 80 are tne
INSANE why ho' XIII 'he"' ana save the eH
Pense'
"i puni,"h'en,s are OUT experiments 10
n'seosei VIVA, wiz pes. prevent crime ano