Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1859-10-21

: 81 the powers cf tha Inherent branches
: the State government should be preserve.
: inviolate. and therefore feel II my duty L
cali your attention to cls's tf cases i
: which think An crcroachment has SOME
. tines been made by the Senate and lious'
: Of Representatives upon the authority o
! the Executive. I alule 10 attempted act
of lcgislatio' in the form of joint resou
tons If the two houses, without king the
concurrence Of the Governor.
, The constitution (Src. lj) prescribe'
the style or form in which the laws Of the
State shall be passed.. viz I: by enactment
J aud provides (Sec. II of amendments,) thai
" every bill which shall have passed The
Senate and House of Representatives, shall
before it becomes u law, be presented 10 til.
Governor" for his approval. The Cons'i-
tuition also provides (Sec. 10 that" nc
money shall be drawn out Of the Treasury
unless first appropriated by act of legisla-
ton" These constitutional provisions,
think, have recently been disregar!ed in
several instances. Among others, in the
case Of joint resolution adopted bv the
two Houses Of the October session. 1887,
relating TO the compensation of Henry
| NfttN8nss III WHICH commissioners are UdfHtu
to adjodicat. his claim against the State,
their compensation limited, the Secretary
of State and also the Governor instructed
in their official duties, and the Auditor Of
Accounts directed to appear before the
| Commissioners as attorney for the State,
and to draw an order on the Treasury for
whatever balance the Commissioners may
! find due from the State to the said Stevens.
These resolutions do not appear to have
been presented to the Governor for his APP
proval, and it is respectfully submitted that
they were legally imperative and void in
asmuch as they assume The office and au-
thorty of a law, by prescribing rules of ac-
ton for the government Of those to whom
they relate. and also undertake to draw
money fiom the Treasury without an act
of legislation. OF like character, as con-
ceve, is joint resolution of the last SEES
sion, relative to the compensation of per-
sons employed by the Serseant-at-Arms.
AID another relating TO tie figure on the
dome of the State House, both of which
provide for drawing money from the Treas
ury without authority of law. | do not OBJ
iect to these resolutions that they propose
! improper measures for legislation. If the
provisions they contain had been passed in
the form of enactments, it is very likely
they would have met the ready approval OF
the Executive. But if as 10 mt resolutions,
they are 10 be considered as precedents for
the government of future General Assem-.
blies, it is diffi,nlt 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
relation to the pardoning power of the Ex-
ecutive, TO which deem it proper to call
| yorr attention in order TO avoid any misap-
prehension on the subject. It has been
claimed that the exception in the Constitu-
ton of cases of murder and treason from
the pardoning power of the Governor is not
| absolute, but only deprives him of the pow
er until the end of the next session of The
Assembly after the passing of the sem
tence. This construction would seem to be
favored by an act of the Legislature of 1865.
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 be-
fore 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 inter-
fere, there would, indeed, seem to be an
additional reason why the Governor should
not. The object of the trainers of the Con-
stitutlon appears to me to have been TO
place these two crimes beyond the pardon
| ing power of the Governor, comforting on
him a limited authority to reprieve, in or
der TO enable him, if he saw fit, to rive
to party convicted, an opportunity of APP
plying 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 so
pardon by commas from The other parts
of the sentence. (see SHADES State Pa
pers p. 250) think such would be the nat
nrai construction of the language.
SLAVERY.
The position of Vermont on the subject
of slavery, which has for several years past
so much aaitated the public mind, remains
unchanged. While yielding due obedience to
the provisions of the constitution of the
general government, Vermont does not
claim a right to interfere with slavery in
the States where it exists by law. she pro-
tests in strong and emphatic terms against
its extension into the territories of the
union, which she insists shall be forever
consecrated TO freedom. And though she
does not deny her obligation by compact to
surrender fugitives from service, when du-
ly shown TO be such. she repudiates all pre-
tensions of right in the Shareholder to bring
his slave into this State and hold him here
in bondage; and viii never. under any
circumstances, permit her soil for a single
moment to be thus contaminated by the
curse of slavery.
am sorry TO feel under the necessity of
saying that new and most demoralizino
manifestation of the progressive and grasp
ing power CT slavery had been made du-
ring the past year. Not only is the re Ia
iion of master and slave advocated at the
South as the best and most desirable con-