Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1878-10-02
GoYernor Fairbanks, Message.

We give below the message of Gov.
Fairbanks delivered in the House this
afternoon:
Gentlemen Of the Senate
and of tte House of Representatives:
Since the presentation of my message to
the legislature of 1876, information on
several subjects has been brought to my
official attention, a knowledge of which.
in my judgment, will be not only helpful,
but important, for the proper discharge of
your duties as Legislators. | have, there
fore, concluded to depart from the usual
custom of my predecessors, and submit
brief message at the close of my admins
tration of the executive department of the
State. lam the more impelled to make
this departure from the fact that under the
biennial system, AS hitherto administered,
the governor is obliged to communicate
the customary message. before having had
any official experience of the practical OPP
GRAFTON of the laws, as bearing upon the
institutions and welfare of the state.
PARDoNs.
The pardons granted by me may be di-
vided into two general classes. The first
class comprises persons sentenced to the
payment of fine and costs of prosecution,
and to stand committed until such pay
meut is made. To this class have grant
ed one hundred and ninety-iv parlons,
the fines and costs remitled in the aggre-
gate amounting to about $4,000 90.
In most cases of the first class, the par
don has, in effect. been the remission OF
the imposed fine, in consideration of the
length of confinement in Jail and of'thr
second class. the remission of a part of the
term of Imprisonment imposed by the
court, from the consideration that the
ends of justice had been fully accomplish
ed by the imprisonment already endured.
or because of new developments tending to
establish the innocence OF those convicted,
or upon the recommendation of the court,
who have felt there was doubt of the guilt
of the party convicted
As the law has been hitherto-it is now
somewhat modified by the act establishing
u state workhouse-the imposition of a
| fine upon man unable to pay it, practi
cally amounted to imprisonment in the
county jail for life. No power was vested
in the courts to determine what length d
such imprisonment should be equivalent
for the payment of the fine; therefore
there have been found. in all our county
tails, large number of persons c. ntinet
in enforced idleness, without hope Of re-
lease except through executive interior
nee. Without its exercise, the jais woul,
soon cease to furnish room for new offend
ers.
The second class includes persons sen
| &o-aoI CO. n opnHpoI nt hard labor in iht
state prison for u term of years. To thi
second class have granted fifteen pardons
In the appendix will be found list o
the pardons granted of the latter class dur
ing the two years ending this day. and I
brief statement of my reasons for granting
each.
1t is question which has suggested it
self to m", whether there should not b
some advisory tribunal, rs is the pracitc
in some other states, whose duty it shoul
J be to examine applications for pardons
and recommend to the governor.
1t is apparent that SO many applications
urged frequently with much persistence
; and feeling by near and suffering friends
) imposes heavy burden of responsibility
, upon the executive If refused the cleo
ton of Il new governor incites to a fires
application. No general principles govern
ing the granting or the refusal of such az
: plications can be established and uniformi
s applied. Such frequent applications kee
the convict in o state of constant expects
ton or disappointment. The uncertaint
of mind thus induced renders prison disc
pline more difficult and less effective. Th
i, law, too, loses much of its terror for ev
, doors, from the uncertainty which artist
in regard to an even and impartial execr
tion of its penalties.
These l., Elections are suggested to m
mind by an examination of the number I
pardons granted annually during the Ia
, Thirty five years, a list of which, togeth'
with the number of commitments for ea'
j fiscal year, ending August list. is as TO
e lows:
1t will be observed that the commitment
for the years 1877 and 1873, are largely
: excess of those of former years.