Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1840-10-21


at the last session OF the General Assem-
bly, brought under examination most OF the
important provisions OF our statute law
Time has scarcely been afforded. since its
PRONUNCIATION, to test the operation of the
various notifications and amendments
therein introduced, and the necessity of
any immediate alteration will, doubtless.
be obvious and plain, before you will feel
called upon to make Il.
| Our revenue. derived almost entirely
from direct tax on the people, presents
constant admonition to frugality and econ
omy in expenditure, and should lead to
FREQUENT enquiry into the operation Of our
/ system of taxation. This system is based,
mainly. on income and it is due to those
| who defray the expenses of government
THAT all productive property and profitable
nursuits. should bear their relative proper
ton of the public burdens.
From frequent applications to me for
1.-THE remission of small hines, imposed by
the County Courts, for assault and bate
ry. and other breaches Of the peace, have
been led to the inquiry whether an altera-
tion in the law on that subject might not
save considerable sums to the State, with
out weakening the claims OF justice or les
sening public security. Judging OF the
character of the offence, by the amount OF
fine imposed, the presumption Is strong.
that respondents, in some cases, have been
bound over to the County Court by JUS
1tices of the Peace, more on account ofthe
inability of the offender to pay fine and
costs, where the town in which the Of
fence was committed might have had an
interest, than by reason of the enormity oil
the offence. In majority of cases, pre-
scented for the exercise of Executive Glenn
ency, the fine has been five or ten dollars,
with costs varying from fifteen to sixty
Nor is the payment of enormous bills OF
cost, the whole charge to the State. Re-
lspondents, in cases of this character, be-
ing, usually, irresponsible and unable to
procure bail, are consequently confined in
Jail, and the State charged with their sup:
port, as State prisoners. Un conviction,
a sentence to pay fine of few dollars
and costs of prosecution, operates as Sc
yerely as sentence of perpetual impTis-
onment, to the offender, and a perpetual
charge onthe State for his support, unless
relieved by executive interference. lfno
other alteration should be deemed expedi-
emf, it would better accord with the hu-
name spirit of our laws, to provide thai
the sentence, in such cases, should be in
: the alternative, either fine, or imprison-
i ment for limited time, when the fine is
} not paid. But would respectfully sug-
gest, as worthy Of inquiry, whether rem.
edy might not be found, by providing,
J that, on conviction of certain inferior Of
fences and misdemeanors, the fine should
be paid into the town treasury. and wheth-
er it might not be expedient to enlarge
!. the jurisdiction of Justices Of the Peace
for their trial.
Il BY salutary provision in the constita.
5 ton of the United States, any person, com.
/ hitting crime in one State and escaping
3 into another. shall, on demand of the Elk.
ecutive of the State having jurisdiction Of
: the case. be removed there for trial. This
Z provision should be carried into effect in
: good faith. Some of the States have made
s the act of procuring goods under false pre-.
' fences an indictable offence. Gases are
: believed TO have occurred where men
e smartlng under the loss of property, hav,
e been led TO make oath to facts, at an e.
Parte hearing, which fully justified tn,
i commencement of public prosecution 70
l. crime, where the real object was, evident
l. ly, 10 effect a compromise with debtor
y or extort money from his friends in salts
j, faction of a precarious debt. The execu
tive warrant, when obtained, is used, no
v to bring public offender TO justice, bu
e for individual benefit. The evil com
i planned of might, perhaps. be prevented
were it made an indictabie offence to com
J. promise with, and permit 10 go at large
|. any person arrested on an executive war
rant, issued at the request of the Govern
or OF the State where the crime is charg
ed TO have been committed.
The condition of our common school
and seninaries of learning is always de
lserving your careful attention. In m,
IS last annual message, | urged the applica
i ton of the income of the State school fun,
d to purposes of education, and beg leave re
7 specially to refer to the Suggestions ther,
e made.
/ We are practically an agricultural PEG
J. pie. To the successful prosecution o
e this pursuit, are our citizens principall,
:, indebted, for the necessaries, and many O
/ the luxuries, of civilized life. Although
an interest of such vast importance to tn,
I prosperity of the State, it has heretofor,
s received but little encouragement from tn,
I action OF the government. Great i'm
; pfovements have been made, within th,
Is last half century, in this important branch
Il OF industry, owing, mainly, TO the success
e ful application of science in the deveope
Z ment of the properties of our various soils
e and consequent adaptation Of the same /,