The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1843-10-26

ihtluS 10 Cdpltal PunlSnment, II is dreci
in ed that if any person shall commit am
crime, which by the law of this State j.
* punishable with death, such person shall
be sentenced 10 solitary confinement in tht
states prison, until the punishment o
% dea'h shall be inflicted and also, if any
: person shall hereafter be convicted of any
crime, punishable by death, such person
shall in like manner be sentenced to soil.
lary confinement until the sentence oil
death shall be inflicted. By the act it is
further provided, that no sentence of death
shall be executed unit after one year from
the time of passing of such sentence, nor
until the whole record of the proceedings
In such case shall be certified to the Gov
ernor; nor until warrant shall be is
sued, by the Governor, under the seal of
the State, with the record annexed thereto,
directed TO the Sheriff of the county
where the states prison is situated, com
handing said Sheri # to cause execution TO
be done upon the person, upon whom
sentence had been passed. 1t is under
STOOD that there has been one conviction
and sentence under this law, which it will
be my reluctant duy to pass upon, as the
law appears 10 me TO be objectionable.
cannot believe for a moment that il
was The Intention OF the Legislature, by
this act, TO prepare The way for the total
adjustment OF capital punishment, even
in cases of murder for such measure,
in my opinion, would be fraught with
evils of most dre!ul kind but this
law, which changes in some measure our
long established mode of administering
criminal justice, may give occasion for
belief in the public mind, that after con.
vction there will be less certainty of pun
iShnent.
Although this statute may be open to
some other objections, that part oft which
relates to The issuing Of death-warrant
by the Governor, is perhaps the most so.
1t is not sutti :ientIy explicit, 10 show dis
tlnctly, whether it is mere discretionary
power, that he may or may not exercise,
after examining the record of conviction,
or duty 10 be performed as a ministerial
| officer. Ii it means the first, it is in eff
feet power 10 pardon or commute, which
is not given him by the Constitution, and
cannot be conferred by the legislature
If IL means the last, why impose this I'M
gracious duty upon the CHIEF Magistra e,
who 10 most governments, and in This 10 a
certain extent, is entrusted with the pri-
vlIegc of releasing from punishment, and
not the stern duty of inhicting it. But ii
he Is to order a convict 10 execution, the |
most solemn of all official acts, it should |
be done by express authority of law, and
not left 10 inference or construction. 1t is |
submitted 10 your consideration whether
this law should not BE- repealed, or at
least revised.
The sad existence of Slavery in many
of the States of this Union, should be the
cause of deep humiliation TO the moralist,
The patriot and the christian bat the con-
tinuance Of this inefabIe curse IN the DIS
lrlct OF Columbia, and in the Territories,
should excite our warmest Indignation. -
There, thousands of human beings are in
perpetual bondage and a sIave-market
is openly held at the seat OF the freest
government upon earth. This is a spec
tace tit only for tyranls to behold; and 10
make this state OF things not only perman-
enl, but as if also to faslen the awful re-
sponslbllIy of it upon the citizens of the
free States, there have not been wanting
representatives in the Federal Govern
ment, from those States, (happiIy none
from our own,) who have refused where
Congress has clear the right 10 act, 10
let the oppressed go Free and TO abolish
traffic, whi2h, by the spirit of the laws
even OF that government, is ranked with
piracy itself Nay, more they have ST.
fenced Iemonstrances OF sovereign States
against these grievous wrongs, and ex-
cIuded the petitions of The people.
A State may not infringe the compact
as it exists on the subject of slavery, any
more than other parts OF the Constitution.
We have all sworn to support that instru-
ment; and 10 attempt to evode or repeal
the oath, By casnislical sophistry as to its
bidding force, would be neither just nor
wise. But whatever legislative powers
the States do possess, should be exercised
as occasions arise, so as not TO give one
scrupe more of living flesh than the
bond requires.
An unhappy decision of the Supreme
Court of the United States made in Jan.
uary, 1912, in the case of Prigg cS. the
State of Pennsy lvana, it is believed will
occasion some danger 10 free colored peo-
pie who may be found in This State. In
that case i; is understood to have been de-
cided that the Federal Government have
an exclusive right to regulate the mode
in which the claim of master over his
fugitive slave shall be made; that Con-
gresS has already exercised that right, in
perfectly constitutional manner, through
the law of 1902; that all Legislation on
the part of the several States, which d.