Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-04-08
DEATH PENALTY.
Periods When It Has Been
Enforced In Maine
Said to Have Had No Evident Effect
In Subduing Crime.
History Of Its Course-Inquiy Into Subject
BY l. D. Carver.

for murder in this State, many inter-
esting features have been developed;
none more so, perhaps, that the seem
ingly evident deduction. which is
drawn, that the imposition of the death
penalty has had no appreciate in
fuence upon the committing of crime,
either one way or the other.
| In other words at periods following
the imposition of the death penalty,
the crime has, Notwithstanding, shown
a marked increase. And to further
battle any argument for its efficacy,
it has been conclusively shown that
upon the death penalties being re-
moved, the crime has shown no increase,
in point of fact, it has been followed
by a decrease.
| 1t is the opinion of the state libra
rian, L. d. Carver. that crime in Maine,
from an exhaustive study which he
has made, is largely epidemic. From
his study he has kindly prepared the
following upon the subject:
Could the history OF the struggle for
| the abolition of the death penalty III
| this State be written in full. it would
afford the most valuable subject for
the contemplation of the philosopher
and student of human nature. The re-
suit of that controversy vindicates the
belief that the human race is making
some progress toward a humane and
| charitable view of the frailties and
passions of men.
There has rarely been presented a
| between the feeling of vengeance that
stirs the heart at the recital of deadly
and brutal wrongs, and the feeling of
humanity and charity towards the
perpetrator thereof. which will ulti-
mately assert itself in every enlight-
ened christian mind.
When the Legislature of Maine adopt
ed a code of laws in 1921, the crimes of
treason. murder rape. arson, burg
able with death by hanging. This
penalty it was decreed should be in
flicted alike to principals and Access
sories to these crimes. Very soon
after this year, the question of capital
punishment was discussed and agita-
ted throughout the country. In 1929,
the penalty for burglary, rape, and
robbery was reduced to imprisonment
for life.
The subject was again discussed and
numerous petitions were presented to
the Legislature praying for the TOT Il
abolition of the death penalty. In
1885, and again in 1886, legislation COM
mittees composed of the most intelli-
gent and progressive men in the State
recommended in exhaustive reports
upon the subject the abolition of the
death penalty,yielding in part to strong
and growing sentiment in the minds of
the people against capital punishment
The Legislature of 1897 enacted a Law
requiring any one convicted of a CAPT
tai crime, should be confined in the
State prison for year and day and
should not be executed until GER
titled copy of all the proceeding at the
trial had been forwarded to the exc
cutive nor until the Governor should
issue his warrant commanding the OK
ccutiOn of the criminal BY chapter
l0l of the laws of 1874, it was further
provided that any person convicted of
a capital offence should suffer solitary
confinement and hard labor in the
should be inflicted. Thus it will be
seen that the execution of the death
penalty upon a person duly convicted
Of murder.treason or arson was left en-
tirely to the discretion of the chief
executive of the state
SO great was this responsibility, that
only once during thirty years did any
Governor of Maine issue a warrant for
the execution of criminal. The law
had become 50 nearly obsolete from
more enforcement, that the Governor
in his annual message in 1864 felt con-
strained to call the attention of the
legislature to the fact. He stated the
fact that there We're at that time con-
fined in the state prison twelve MUIR
derers under sentance of death one of
whom had then been confined nearly
twenty years, and that to require the
chief magistrate to issue his warrant
for the execution of these criminals at
that late day would be monstrous He
urged upon the Legislature the neces-
sity of requiring the Governor to issue
warrants for execution within u time
certain or to abolish capital punish
ment altogether. In 1867 the executive
in his annual message again called at
tention to the fact that under the law
the Governor was required to fix the