The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-10-15

have impoSed an unnecessary or useless
burden upon them, by making an annu.
al appropriation fol their benefit, to be
increased or diminished, as their exig-
encies aud the developed resources Of
the state will warrant.
| must again mention the subject Of
tho militia, upon whom all free states
should rely for defence who may he
employed for the protection, aud cannot
he employed for the destruction, of the
Liberties of the people. In these days,
when so much is said on the subject OF
constitutional duty, aud obedience to the
laws of the United States, am sorry
that those laws, for organizing, arniug,
aud discipining the militia, have rccev-
ed so little connienance from the legis-
laiive acts of this state, aud that all en-
deavors Of its officers, To raise the mi.
litia to the standard of those laws,
should have met with so little approba.
ton for their fidelity to their duty III
urging this subject for consideration
No returns have been made to the adj
iutant general OF the United States since
the year lS43, and we have to rely on
the returns shen made, for our quota
Of arms annually furnished by the Uni>
ted States.
| must also remind the legislature
that the amended constitution Of this
state, requires them 10 provide, " by a
general law, declaring what officer shall
act as Governor and Lieutenant Cover
nor"
respectfully call your attention to
the criminal code, aud suggest whether
some amendment of the same, relating
to fines aud COSTS of prose cuiion. might
not proftably he adopted. The power
Of pardon. and Of disc harging any per.
son from Jail for not paying a fine and
cost, is vested in the governor. This
should be exercised as an act of Glenn
ency, founded on the merits Of each
particular case, taking into considera>
iion the merits Of the individual An
idea seems TO be prevalent, that the pow.
erly ofihe person thus imprisoned, aud
his inability to pay either fine or cost,
entities him TO the clemency Of the ex-
ccutive, and remission OF the sentence.
IL is obvious that this sentiment is erro>
neous. The executive ought not To
have the power OF dispensing with the
law, and has no means of knowing the
circumstances Of aggrsvalion or pallia-
tion of each case, or 10 decide why one
should he released from the consequent
ces affixed by law 10 conviction, and
not another submit whether it would
not be better 10 empower the court, be-
fore whom conviction is had, in their
discretion, when they impose a fine, 10
ascertain the ability OF inability of the
person convicted, and in case Of such
inability, to limit the time the person
convicted shall remain in prison il he
fail TO pay the same, or the costs Of pros
eculion /; and whether, in all cases oI
Imprisonment for non-payment of fine
and cost, the sheriff might no, employ,
in some useful or active labor, the per'
son convicted, until he had earned sulli-
cient, at least to pay The cost. if no, the
fine, and thus render our jals places oil
industry end useful labor, instead of the
abodes Of Incidence, and its consequent
| vice and wretchedness and whether he
might not, in some cases, employ then
in labor out of the walls Of the prison.
would also suggest, whether in al
convic,ioes for criminal offences, where
exceptions are taken, and the cases pas
! sed 10 the supreme court, sentences
should not be pronounced by the coun'
| iy court, who have all the circumstan,
| ces before them. bu, delaying the exc.
chion Of the same, until the Judgment
is affirmed, leaving to tho supreme cour,
| only to fix the time for the commence
ment or execution OF the sentence.
In pursuance of the provisions Of an &C
entitled tan act to provide for compiling
the laws Of this state" appointed Charlie
l.. Williams Esq, Of Rutland, 10 perform
the duty therein required, who has made III,
compilation. The secretary of state has pro
cured them to he printed and bound, an,
five hundred copies are, or will soon be, sub
| ject to such distribution as the general as
sembly may direct.
On the resolution OF tho general assembl,
for appointing committee 10 consider AM
report upon the financial affairs Of the state
| appointed John n. Pomeroy, Waitsiill II
Ranney and Timothy p. RedGeld, E,qs.
whose report will be laid before you, and
hope the legislature will take some cilcctua
measures 10 lessen the expenses Of the state
and arrest the tendency to increased and OK
travagant expenditures that they may there
by be better enabled to afford aid and en-
couragement to such institutions rs will adj
vanre the honor and interest of the state.
The increasing vice Of intcmperance ma
require that we should profit by tho wisdom
Of our ancesl or', and adopt either their law,
or something equivalent thereto, which sub
jectod common drunkards. who publicly an
noyed the peaceahle citizens of the state, t.
confinement in the house OF correction. I'm
Ill very recent period this was the law o
| the state.
1t will be necessary for the legislature, a
this session, TO divide the state into district
for the choice of representatives. to congres:
The election is to be made on the first Tue:
day of September next, and by the appor
tonmeL. We shall be entitled to only TIRE
representatives. instead OF four, as wo ha
before.
trust you will, in all your deliberation.
bear in mind that legislators are not only re
sponsible to their constituents. but are ais
subject 10 higher law, and higher pewel
and unless they feel and act under sens
OF this suLjeclion The oaths, which hey TAX
at the commencement OF their political sci
vice, would be but mockery. To be ia,
aud fcnr not, and to act in subsection o hi
power, is The duty of every person what
ever; and legislators and ruler, cannot c,
enpt themselves from this obligation.
should consider myself very unfit 20 tax
upon me the duties of tho office 10 which
have been elected. If did not feel that I'll
oath have taken laid me under an ohlig,
ton to discharge the duties OF it in the f..
Of Him, Lefore whom the nnlions :. ara ns