Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-10-21
suggestions in regard to the work that shall
occur to me as important
.ARINET oF NATURAL HISTORY.

the last session of the legislature, | appoint
ed Albert ID. Hagar, to take charge of, and
arrange, the cabinet of minerals and speci-
mems of natural history, purchased of the
widow of the late Zadock Thompson, who
has removed them to Montpelier, preparatory
t. placing them in the capitol. These, and
also the specimens belonging to the geological
survey, will be arranged for exhibition in the
room designed for that purpose, as soon as
the cases can be prepared for their reception.
BOARD OF EDUCATION.
The subject of education deserves the earn
est attention of all who have IN view tne best
interests of the State for upon the proper
educational training of our youth depends in
a great measure the preservation of our free
institutions, which are the pride and glory
of the American people. The Vermont
Board of Education has been in exist
ence less than three years, and think 1t is
not too much to say that it has proved of
great public benefit If it has not answered
the full expectations of some, it cannot be
denied that the array OF facts in relation to
the schools throughout the State which have
been gathered through its in,trumentalitv,
are in "a high degIee valuable. The third
Annual Report of the Board, with the
mitted to YOU in due time, and | trust
they will meet with the consideration
which their importance demands. 1t is
needless for me to say that the Secretary of
the Board has discharged his oucrous duties
with signal ability. He has been at great
pains to compile summary of the school
laws, which with a coPious index, he ap-
pends to his interesting report; and this is
-. L.,
that the work is done out Of the line of his
own official duties, and without any expecta
ton or desire of any compensation whatever.
THE MILITIA.
In accordance with the provisions Of the
act of the last session Of the legislature rela-
ting 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 past month, and have shown
commendable attention to military discipline,
performing their various duties in credita-
BE and soldierly manner.
INTOXICATING DRINKS.
Our laws prohibiting the traffic in intoxi-
eating liquors have become the settled and
approved policy of the State. II any addi-
tional Legislative provisions to increase their
usefulness and efficiency should be- found nee
essary, shall be very ready to concur IN
them.
JUVENILE OFFENDERS.
| beg leave again to call your attention to
the subject of the establishment OF a reform
atory school for juvenile offenders. Vermont
alone of all the New England States is with
out an institution of this character, and
deem it worthy of your serious consideration
whether legislation on this subject should
longer be delayed
ATTACHMENT LAWS.
| would also renew the accommodation
made ia my former annual message, that our
laws relating to the attachment of property
on mesne process, be so modified as to pro-
vide for its equal distribution among all at
tachlng creditors.
LEGISLATION BY JOINT RESOLUTIONS.
deem it important that tho boundaries .
of the powers Of the different branches Of the
State Government should be preserved invio-
late. and therefore feel it my duty to call
your attention to a class OF cases in which |
think an encroachment has sometimes been
made by the Senate and House Of Represent
atives upon the authority Of the Executive
| alude to attempted acts of legislation, IN
the form of Joint resolutions of the TWO
houses, without asking the concurrence OF
the Governor.
The constitution {Sec. l5) prescribes the
stvle or form in which the laws of the State
shall be passed, viz; by enactment
and provides (Sec II of amendments)
that - every bill which shall have
passed the Senate and House of Re
presentatiycs, shall, before it becomes, u law,
be presented to the Governor for his ap-
proval The Constitution also provides
(Sec. ~ that " no money shall be drawn
out of the Treasury, unless first appropriated
by act of legislation. These constitutional
provisions, | think, have recently been dis
regarded in several instances. Among
others, in the case of joint resolution
adopted by the two Houses at the October
session, 1857, relating to the compensation
to Henry Stevens, in which Commissioners
are named to adjudicate his claim against
the State, their compensation limited, the
Secretary of State and also the Governor in
structed in their official duties, and the
Auditor of Accounts directed to appear be
fore the Commissioners as attorney iOr
the State, and to draw an order on the Urea
sury for whatever balance the Commissioners
NAV find due from the State to the said
Stevens. These resolutions do not appear 10
have been presented to the Governor tor hlS
approval and it is respectfully subI ltted
that they were legally imperative and void,
inasnuch as they assume the Office and autho-
rity 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 leglsla
ton. Oflike character, as | conceive, Is a
joint resolution of the last sassion, relative to
the compensation of persons employed by
the Sargeant-at-Arms, and another relating
to the figure on the dome Of the State-H0use,
both of which provide for drawing money
from the Treasury without authority OF law.
| do no object to these resolutions that they
propose imp. Oper measures tor legls! .tIon
If the provisions they contain bad been passed
in the form of en- ictments, 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 General Assemblies, 1t
Is difficult to conceive OF any act Of iegisla
ton which may not be performed by the
two Houses alone, without the concurrence
of the Governor.
TIE PARDONING POWER.
A constitutional question has arisen in re-
lation to the pardoning power OF the Execu-
tive, to which | deem it proper to call your
attention in order to avoid any msapprehen-
sion on the subject. 1t has been claimed
that the exception in the Constitution Of
cases of murder and treason from the par
doning power of the Governor Is not abso-
lutte, but only deprives hi OF the power un-
til the end of the next session OF the Assem-
bly, after the passing of the sentence. This
construction would seem TO be favored by an
| act of the legislature of 1855, and another
| in 1856. | have been unable SO to under
stand the Constitution. can conceive of
no reason why the pardoning power of the
| Executive in these cases should be absolutely
prohibited foT the few months or weeks