Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-22

amended. and passed to be engrossed.
On motion of Mr.. Hall of Rockland. bill
an act TO amend an act to establish a munich
pal court in the city of Auburn was taken I'D
and passed to be engrossed.
On motion of Mr.. Mattocks of Portland,
resolve in favor of Charles W. Goddard was
taken up and passed to be engrossed under q
suspension of the rules.
On motion of Mr.. Hall of Rockland, the
House took up the bill to restore the death
penalty for murder in the first degree,
specially assigned for to-day.
Mr.. Hall of Rocaland said:
Mr.. Speaker: The gravity of this ques-
ton cannot well be exaggerated. l regret
that the duty of opening the debate has fallen
to my lot. not because have the slightes;
doubt as to the propriety or the necessity of
the measure as additional security to society
and TO individuals, but because have had so
little time to prepare for it. But the thought
that am to say word for humanity and
good government nerves me to the task. 1t
Is said there has been no call for this legisla-
ton. True, your desk has not been flooded
with petitions, but there are feelings, senti-
ments, demands felt among men, that out-run
all such expression. This bill is the result of
that feeling as believe. feeling has been
gathering head in this State as time and time
again the people have been shocked at relent-
less. bloody murder. A voice has spoken to
US through the poor dumb mouths of eleven
victims of slaughter since the last legislature
1t has spoken through reports of officers
nearest to the crime; it is speaking from the
ground which drank their blood; it ''pleads
like angels trumpet-tOngued against the deep
damnation of their taking of'-that voice
demands that for wanton, malicious, fiendish
murder, when known. apparent or confessed.
there should be some penalty carrying with it
terror beyond that which under our laws
may be meted out for eighteen lesser crimes.
The opponents of the death penalty meet
us at the threshold of the discussion by deny
ing the right of the State to protect society
by the death penalty for the highest crimes.
This is a doctrine of latter day ethics, which
think can be shown has neither reason or
logic to strand upon. But it is urged with a
plausability which sometimes captures the
Judgment Of men-aDd here it will be well to
state at the beginning of the debate the solid
grounds upon which the right of State to
execute its greatest criminals rests. Let us
look at the true theory and object of govern
ment as laid down by the profoundest think
ers. Perhaps as good an authority as can be
adduced against the absolute right of the
State to punish, is that of Prof. Fichte who
in his Science of Right" deduced as the
only rational form of government precisely
that established in this country. Proceeding
with the most humane feelings to discuss the
rights of the State over the citizen, he is
forced to the following conclusion: .'All
criminals necessarily become outlaws-that
is-tIey forfeit all right to the benefit of
society. Society. that is, the State, may
agree that the lesser offenders may
have the rights of political reform, but
governments have not the right to expose
the life of others - still less the life
of the Stat - the life, security and
legal relations of all. by allowing a dan
gerous outlaw to live. Hence the execution
of incorrigibe rascals is necessary. Imprs-
onment for life is a burden for the State, and
how can the State require its lcitizens to pay
taxes for something which will realize none
of the ends OF the State since there is no hope
of reform This is the view of one of the
soundest thinkers upon that side of the ques-
ton, and he is forced to admit the necessity
of capital punishment. 1t is a modern theory
that neither the necessity nor the right
to punish traitors and murderers exists in the
State.
Prof Lieber, whose 'sManual of Political
Ethics" has been a text book for two genera
tions in our highest institution of learning,
says: According to the true principle of
punitive power in the State, no doubt can
be entertained as to the abstract right in the
State to punish capitaily for certain crimes"
(p. 2O4 nOte).
Sir VIM. Blackstone will be recognized as
a sound authority upon the theory of civil
government. While questioning but not de-
nying the right of the State to apply the
death penalty to minor offences. acknowl-
edges its right to infiict it on hardened GRIM
inals, and approvingly cites Sir Matthew
Hale (Hale's Pleas of the Crown IA stating
the grounds upon which the penalty is just-
fed, a. follows: when offences grow enor.
nous. frequent and dangerous to State. de-
structive or pernicOus to civil society and to
the great insecurity of the State or
its inhabitants, severe punishment,
even death itself is necessary to
to be annexed to laws in manv cases, by the
prudence of lawpivers." Precisely this has
happened in Maine. crime has proven
enormous, frequent and dangerous to the
security of the citizen and pernicious to
society.
Mr.. Hall here quoted from Chancellor
Kent, Grotus and others rs to the right of
State and its duty in certain cases to inf1ct
the death penalty
1t is the doctrine of scripture. | am not
one who believe that the Bible has become
entirely obsolete. / believe that many of
the principles therein laid down for human
government surpass the wisdom of latter
day philosophers. Cain was allowed to live.
but thousand years Of that method of
punishment for murder, filed the world with
violence. murder and anarchy-taxing the
supreme genius of Milton to describe-and
wrought the extinction almost of the race
When the earth was to be repeopled. murder
received the primal curse, and the first law
covenant with N0ah-'.Whoso sheddeth
mans blood, bv man shall his blood be shed
cat the hand of every man will | require
the life of man." This is the law of the
civilized world to-day-the law of the govern
ment under which we live and of thirty-five
sister States.
The death penalty is necessary. lst. be-
cause there should be distinction in penal
ties proporioaate to the crime. In Maine
there are 10 crimes which NAV be punishe
bv the same penalty: murder in the second
dagree; obstructing railroads and life de-
etroyed: killing in a duel, and life not de-
stroved: second in a duel-when party killed;
arsOn-dwelling house of another in the night
time with no person in it; arson-dwelling
house of another in the day time: arson-of
ones own house with person in it. day or
night; arson of public building in curtilage
of dwelling house: infsnticide; burglary;
robbiug, with arms; robbing, without arms;
abduction and compelling woman to marry;
treason; counterfeitng public securities or
,o;r. rane of female under ten years. per-