Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1838-10-17
GOVERNORS MESSAGE.
FelIo1o Citizens of the Senate


ness. Ours is a responsible station; and
this responsibility constitutes one OF the
distinctive features of a republican govern
ment. Our frequent elections bring into
| immediate contact legislators and constit- /
uents, and enable the people themselves,
the true source of all political power, an
nually to call their public servants to ac-
count. Our immediate duties confine US
to our own State, not so exclusively how
ever, os TO render US forgetful of the reia-
ton we sustain to the General Govern
ment.
Providence has smiled propitiously the
past season upon the laborS of the hus-
bandman.
The favorable change which has taken
place in the pecuniary affairs and bust
ness OF our country, since the ADJOURN
ment of the last General Assembly, is a
sub ect of sincere congratulation. 1t may
be matter of surprise and wonder to those
unacquainted with American character,
that we should SO soon have recovered
E from the shock which paralyzed our en-
tire business transactions and threatened
with ruin many of our most useful clti-
Gems. From the nature of our institu-
tons we had reason to expect the prompt
interposition of the General Government,
E to aid in removing the causes of emhar-
Fl rasSment, and restoring confidence thro'-
out the country. These expectations were
E disappointed. The whole powers of the
General Government appear 10 have been
absorbed in their exertions to carry a IA
vorite measure, which, ia the opinion Of
a large majority of our citizens, would
have been highly disastrous to our best
interests. That attempt has resulted in a
signal failure. since which, confidence has
been revving with astonishing rapidity,
business is again returning to is accus-
:, toned channels, thus unequivocally evinc-
ing that the energies of a free peop,e can
not, for any length of time, be restrained,
by even the most untoward circumstances.
1t is but another example to be added to
the many which occur in our history,
showing the facility with which our reo-
pie can accommodate themselves to any
, circumstances, and surmount any Difficult,
4 ties.
!, Intellectual attempts have repeatedly
). been made to abolish Imprisonment fol-
!, deb. Although they have not resulted
r in the entire accomplishment of their OBJ
i iect, they have, nevertheless led to an in
~ vestigation of the rights of creditor ant
- debtor, highly favorable to judicious
\ equitable and Heightened legislation upor
= the subject fit be admitted that misfor
tune should not be visited with punish
~ ment as crime, and that punishment
. should not be left to be melted out b,
= the creditor,-the person OF all other
u most likely to do injustice in the case,-
then the first object of the law should b.
:, to mark the distinction in a manner s.
> plain that the unfortunate should neve
: be mistaken for the criminal The debt
or, upon disclosing and surrendering hi
means for the discharge of his debts, shout
! thereby disarm his creditor of all powe
- to incarcerate his body. Our existin
n laws upon that subject, it may be. said. ar
h not oppressive in their operation; that tn
- really poor debtor may always avoid in
At. prisonment, by making a disclosure O
y the rendition Of judgment. This may /
y, true. But, it may we'll be asked, doe
n. not our present law unnecessarily plac
" the poor debtor in the power ola vinii(
or tive creditor, by permitting him to fix W
~ Qua distant day for trial, and, in tt
- mean time imprison the poor debtor, if
- fail to obtain the interpostion oil friends
~ Would it not be an act of humanity,
"' we'll as of justice, 10 provide, that the del
ne. or, when unable to procure bail on mes
49,, process, might demand trial forthwil
~ or be permitted, before the proper autho
49, itv, to make his disclosure and exonera
Of his body from imprisonment
lite AS civilization has advanced ana t
different grades of crime have been def
len ed with more certainty, the rigor Of pm
ch- ishment has been lessened. All expe
ence shows that crime has not increase
ton but diminished, as the criminal laws 0
Jar. country have become less barbarous a
cid vindictive Retaliatory puniShments ha
hin in great measure ceased, and the on
NV sounl and substantial reasons for the
Fiction of punishment are based upon t
e of reformation of the criminal and the SCI
3ro- rity of the public. That is evidently
.ich policy of our laws in all cases, except
|ajn the inAic.ion of the punishment of dea
ield, The right to inhict capital punishment
)ule, conScleHtlouSly "ouol0o ny Htdty vi
ney, Intelligent and philanthropic feilow-c
orth, zans. That number is constantly incre
ing. The right to destroy life, it is ar,
Rice cd, does not belong to an individual,
Pear consequently could not be transferred
1son government on the formation of the 500
.u.e. compact. Be that as it may, still
feared that the ends of public justice, r
in some cases, fail to be answered
de- Jurors may, when emPanneled for
triol of canita} offences in some instan