The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-17
TUESDAY, APRIL Il, 1877.
TKRMs IN ADVANCE.
GRANTING RFPRIEYEs.

stitution meant by the several clauses
thereof 1t is now well nigh impossible to
ascertain and as the several amendments
thereto have been adopted without any at
tempt to make the phraseology Of the other
parts, or even the amended parts, conform,
it is now left in state of confusion which
is worse than COMPOUNDED. This confusion
is, perhaps, inseparable from the manner
in which we have been compelled to amend
the constitution, If 1t was amended at all
it being necessary to accept of an amend
ment precisely as worded by the council
of censors or have the original consttu-
ton unchanged the experience of the
past few years lead us to fear that it will
be many years before the people of Ver-
mont can be brought up to the point of
conserving to a general revision of the
whole instrument, go that one part may
conform to another, and the constitution
made complete and perfect whole.
Another difficulty is, and has been, that
one department Of the government has been
constantly encroaching upon the proper
duties of another, and no rebuke, however
pointed or Just, has been suflicientto keep
the several departments within their proper
limits or spheres. The sixth section of the
second part of the constitution declares
that 'the legislative, executive, and judi
" ciary departments shall be separate and
distinct, so that neither exercise the
"powers properly belonging TO the other"
while, in another section, limited right of
reprleve, which is simply the power to sue
pend the execution of law, was granted
TO the governor and council-now the gov
ernor alone-and the 'power of suspend
"ing laws, or the execution Of laws" was
given exclusively to the legislature, as rep
resenting the sovereignty of the people.
Nothing seems clearer than that it was the
intention of tine trainers Of the constitution
10 grant to the governor the power to grant
reprieves, IN cases of persons convicted of
murder and treason, until after the end of
the then next session of the legislature, but,
unless we except the case of Redding, this
right has never been exercised until Gov
ernor Fairbanks, week or so ago, repriev-
ed Phair
But there has been one other repreve
granted, and to show the practical con-
struction of the two clauses of the consti-
tuition reserving to the legislature the
right of suspending the execution
of the laws, and granting the gov
crnor and council a limited power
to reprieve, we will refer to it. On
Monday, September 5, 1908, Cyrus 3.
Dean was convicted of the murder of
Jonathan Ormsby of Burlington, and Asa
Marsh of Rutland-in connection with the
"Black snake" affair-and motion in ar
rest OF judgment and tor new trial hav-
log boon denied, no was brought MP for
Sentoncc, Friday, September o, 1908, and
upon being asked If he had anything to say
why sentence should not be pronounced
upon him, his councel-Amos Marsh and
Bates Turner, two of the ablest lawyers in
the state-said: eve wish on behalf of
prisoner, that the day of execution may
" be set sometime during the sessions OF
" the general assembly, as it will save an
" application to the governor and council. 4"
The general assembly was to convene-as
it actually did convene-October 13, and
SO the court sentenced the prisoner "to be
hung by the neck until he is Dead" on
Friday, October 28, 1903.
Now what did his counsel-one of whom
had been United States district attorney,
and the other, subsequently, Judge of the
supreme court of Vermont-do? Did they
apply to the governor and council for a
repneveS Not at all. But under the doc
trine..announced by the.Montpelier Freeman
the governor and council had full power to
grant reprieve until, at least, after the
session of the legislature in 1909. But not
understanding the constitution as well as
1t is now understood they conceived
that the court, by postponing the execution
of the sentence until after the meeting of
the next session of the legislature, had
taken away all the power the governor and
council ever had, and so made their appli-
cation directly to the general assembly, and
that body, October 27, lS0S-the day be-
fore the time fixed for the execution, s'that
" execution" was Men Imminent" was it
not Mr.. Freeman?-passed the following
law, which we copy in full:
WHEREAS, Cyrus Il. Dean was convicted,
before the Supreme Court of Judicature,
at their special session, began and holden at
Burlington, for and within the county of
Chittenden, and state of Vermont, on
the twenty-third day Of August last, of
the of the murder of Jonathan
Ormsbee and Asa Marsh, and was by said
court sentenced to be hanged by the neck
of him the said Dean until he should be
dead, between the hours of ten o'clock in
the forenoon and three o'clock in the after
noon OF the twenty-eight day of October
instant, and warrant has issued to the
sheriff of said county of Chittenden, di.
recting him to execute the sentence atore-
said, and 1t appears reasonable that further
day should be gwen to the said Dean to
contemplate upon the realities of a future
world, and prepare for his exit to the world
of spirits. Therefore,
III is hereby enacted By Tie general assem-
sem6Ey Of tie state Of Vermont, That the exc
cution of the said sentence be and the same is
hereby suspended, until the second Friday
IN November next; and on said second Fri
day OF November next, between the hours
OF ten in the forenoon and three in the
afternoon Of said day, the sheriff of said
Chittenden county for the time being, or
the high tailiff acting as such, shall proceed
in the execution of said warrant, in the
same manner as would have been his duty
to have done, in case the time of executing
said warrant had not been altered or sus.
Tended by this act
And copy of this act, certified by the
secretary of state, shall be delivered to the
said sheriff, before the hour appointed in
SAID sentence for the execution aforesaid.
Section 2. And tits hereby. FURTHER enacted,
1hat II by any escape of the said Dean the
execution OF said sentence shall be evaded,
1t shall be the duty of the judges of said
supreme court, on said Deans being re-
taken, to assign some other day for the ex-