Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-10-22

10 compile summary OF the school laws, which,
with copious index, he appends to his inter-
esting report; and this is the more eommcnda-
bic when it is known that the work is done out
of the line of his own official duties. and with.
out any expectation or desire of any compensa-
ton whatever
THE MILITIA.
In accordance with the provisions of the act
of the last session of the legislature relating TO
| the militia, have caused the uniform militia
of the State to be divided into four regiments.
! Two OF the regiments have been called out for
drill, inspection and review during the mast
month, and have shown a c0mmcndabe atten
ton to military discipline, performing their va
rious duties in a crcditable aud sodierly man
ner.
INTOXICATING DRINKS.
Our laws prohibiting the traffic in intoxica-
ting liquors have become the settled and an
/ proved policy of the State. If any additional
legislative provisions TO increase their useful
ness and efficiency should be found necessary.
| shall be very ready to concur in them.
JUVENILE OFFENDERS.
| beg leave again to call your attention TO
the subject of the establishment of rcformato-
ry school for juvenile offenders. Vermont alone
of all the New England States is without an
institution of this character, and | deem it
] NOllil Vi NOuI SeTlOuS consideration whether
legislation on this subject should longer be de-
ayed.
ATTACHMENT LAWS.
would also renew the recommendation made
! in my former annual message that our laws re-
latng to the attachment of property OH mesne
/ process, be so modified as to provide for its
equal distribution among all attaching creditors.
LEGISLATION BY JOINT RESOLUTIONS.
] i. "a. u
the powers of the different branches of the
State government should be preserved invio-
late, and therefore feel it nv duty to call YOUR
attention to class of cases in which think
an cncroachment has sometimes been made bv
the Senate and House Of Representatives upon
the authority of the Executive allude to at
tempted acts OF legislation, in the form of Joint
resolutions, of the two houses without asking
the concurrence of the Governor.
The constitution (Sec. lj) prescribes the
style or form in which the laws of the State
shall be passed, viz: by enactment; and pro.
vides tSec IL Of amcndments) that "everv
bill which shall have passed the Senate and
House of Representatives, shall. before it be-
comes law, be presented to the Governor for
his approval. The Constitution also provides
I (Sec ~ that mo money shall be drawn out
of the Treasury, unless first appropriated by
act Of legislation These constitutional pro-
visions, think. have recently been disregard
ed in several instances. Among Others in the
case of joint resolution adopted by the two
/ Housesa at the October session, 1857, relating to
/ the compensation to Henry Stevens. in which
Commissioners are named to adjudcate his claim
against the State their compensation limited,
the Secretary of State and also the Governor
instructed in their official duties and the Audi
tor of Accounts directed to appear before the
Il. o.
draw an order on the Treasury for whatever
balance the Commissioners may find due from
the State to the said Stevens. These resou-
tlons do not appear to have been presented to
the Governor for his approval, and it is respect
fully submitted that they were legally inopera-
tive and void, inasmuch as they assume the Of
flee and authority of law, by prescribing rules
/ of action for the government of those to whom
/ they relate, and also undertake to draw money
from the Treasury without an act of legislation.
OF like character, as conceive, is jcint reso-
/ luton of the last session, relative to the COM
penSation of persons employed by the Sergeant
at Arms, and another relating to the figure on
the dome of the State House, both of which
provide for drawing money from the Treasury
without authority of law. do not object to
these resolutions that they propose improper
measures for legislation. If the provisions they
contain had been passed in the form of enact
ments, it is very likely they would have met the
ready approval of the Executive. But if, as
joint resolutions, they are to be considered as
precedents for the government Of future Gener-
al Assemblies, it is difficult to conceive of any
act of legislation which may not be performed
by the two Houses alone, without the concur
renee of the Governor.
THE PARDoNING POWER.
A constitutional question has arisen in rela-
ton to the pardoning power of the Executive,
to which deem it proper to call your attention
in order to avoid any misapprehension on the
subject. 1t has been claimed that the exception
in the Constitution Of cases of murder and trea-
son from the pardoning power of the Governor
is not absolute but only deprives him of the
power until the end Of the next session of the
Assembly after the passing of the SENTENCE
This construction would seem to be favored by
an act of the legislature of 1850, and another
in 1856. | have been unable so TO understand
the Constitution. can conceive of no reason
why the pardoning power of the Executive in
these cases should be absolutely prohibited for
the few months or weeks that might intervene
before the next session of the legislature, and
be left in full force forever afterwards. If the
Legislature having had an opportunity to act
upon case should decline to interfere, there
would, indeed, seem to be an additional reason
why the Governor should not The object of
the trainers of the Constitution appears to me
to have been to place these two crimes beyond
the pardoning power OF the Governor confer
ing ON him limited authority to reprieye, in
order to enable him, if he saw fit, to give to
party convicted, an opportunity of applying to
the Legislature for relief. If the language of
the Constitution be read as printed in the first
Constitution of the State, by separating the
words "but not to pardon" by commas from
the other parts of the sentence (see Slades
State Papers p. 250) | think such would be the
natural construction of the language.
SLAVERY.
The position of Vermont on the subject of
slavery, which has for several years past so
much agtated the public mind, remains un-
changed. While yielding due obedience to the
provisions of the constitution of the general
government, Vermont does not claim right to
interfere with slavery in the States where it ex-
lists by law, she protests in strong and emphat-
ic terms against its extension into the terrific
ries of the Union, which she insists shall be for
ever consecraed to freedom. And though she
does not deny her obligation by compact to sur
render fugitives from service, when duly shown