Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-10-19

ton Of Mr. Fairbanks, GOO copies were or
dered TO be printed.
Governors Message.
Fsiio,c- Cifisens Of The Senate
and Of the House Of Representatives.:
We have assembled, in behalf Of our con-
stiluenIs, 10 transact Legislative business
Ours is responsible station ; and this res
possibility constitutes one of the distinctive
features of a republican government Our
frequent elections bring into immediate con-
tact Legislators aud constituents and enable
the people themselves, the true source Of all
political power, annually TO call their public
servants TO account Our immediate duties
con6ne us 10 our own State. not SO exclusive
Iy, however, as TO render us forgetlul OF the
relation we sustain to the General Govern
ment
Providence has smiled propitiously the
past season upon the labors OF the husband
a~-.s-
The favorable change which has taken
place in the pecnniary affiirs and business
Of our country. since the adiournmen, OF IN.
las, General Assembly, is a subject Of stu
cere congralulntion. II may be matter Of
surprise and wonder lothose acquainted with
American character, that we should 50 soon
have recovered from thcshock which paraly
zed our entire business transactions and
threatened with ruin many of our most use
ful citizens. From the nature OF our insli-
tutions we had reason TO expect the prompt
in,erposition OF the General Government, to
aid IN removing the causes Of embariass-
meni, and restoring confidence throughout
the country These expectations were dis
appointed The whole powers Of the Cen
eral Government appear TO have been alb
sorbed IN their exer,ions 10 carry a iavorite
measure. which, in the opinion Of a large
minority Of our oilizens, would have been
highly disastrous TO our bes, interests. That
attempt has resulted in signal failure, since
which. confidence has been reviving with
astonishing rapidly. business is again re.
turning 10 its accustomed channels. thus I'M
equivocally evincing that the energies OF
f'~v P-vpsr ruuuuT, ror any length oi time.
be restrained. by even the fnosl unioward
circumstances. IL is ut,nnoiher example
10 be added to the mapy which occur in our
history, showing Tie facility with which our
people can accommodate themselves 10 any
circumstances, and surmount any difficulties
lnettactuul attempts have repeatedly been
maze TO abolish Imprisonment for debt
Although they have not resulted ia the en-.
lire accomplishment Of their object, they
have. nevertheless. led TO an investigation Of
the rights OF creditor aud debtor, highly ia.
vorable to n judicious. equitable and enlight-
ened legislation upon the subject Ii il be
admitted that misfortune should not be visit
ed with punishment as crime. and that pun
ishment should not be left TO be- me,ed on,
by the creditor,-the person of all others
most likely TO do injustice in the case,--then
the tirst object OF the law should be TO mark
the distinction in manner SO plain thu, the
unfortunate should never be mistaken for
the criminal. The debtor, upon disclosing
and surrendering his means for the dis.
charge of his debts, should thereby disarm
his creditor OF all power TO incarcera,e his
body Our existing laws upon that subjec,
II may be said, are not oppressive in their
operation; that the really poor debtor NAV
always avoid imprisonment by making a
disclosure on the rendition Of judgment -
ih's may be true. But, it may well be
asked. does not our present law unnecessa-
my place the poor debtor in the power of
v'ndlctive creditor, by permitting him to FIX
upon distant day for trial, and in the mean
Time Imprison the poor debtor, il he fail to
obtain the interposition of friends Would
It not be an ACT ofhumanity, as well of Jus.
ilce, TO provide that the debtor when unable
10 procure bail on mesne process, might de-
mand trial forthwith. or be permitted, be.
lore the proper authority, to make his dis.
closure and exonerate his body from impris.
onment
As civilization has advanced and the diff !
ierent grades OF crime have been defined
with more certainty, the rigor OF punish
ment has been lessened. All experience
shows that crime has not increased, but di. |
as the criminal laws OF a country
have become less barbarous and yindictiye. |
Retaliatory punishmenis have in a great
measure ceased, and the only sound and
substantial reasons for the infection Of pun. |
lshment are based upon the reformation of
The criminal and the security of the public. |
That is evidently the policy of our laws in
all cases. except 10 the inhiciion of the pun
lshment Of death. The right to inhict cap.
Ila' punishment is conscienliously doubted
by many of our intelligent and philanthro.
pic fellow-citizens. That number is con.
SANITY increasing. The right to DESTROY
HE. II is argued, does not belong 10 an ind. |
ssdual, and consequently could not be trans
erred TO government, on the formation Of the
social compact Be that as il may, still i,
is feared that the ends of public justice, may
IN some cases, fail to be answered; that iur.
'rs may, when empannelled for the trial of
capital offences, in some instances, be influ-
'nced to clear the guilty, by the consilera-