Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
VALEDICTORY MESSAGE
Delivered by Gov. Fairbanks. before
the Joint Assembly, Oct. =, IHss.
Gcatlcmcn qfne .senate anil Hou,e Of Rcpn

]
Geatlcmea IF tie Senate anil Houc Of Repre-
seHtdtiCes:
Since the presentation Of my message to
the Legislature of 1876, information on sew
eral subjects has been brought to my official
attention, a knowledge of which, in my judg-
ment, will be not only helpful, but important,
for the proper discharge OF your duties as
legislators. | have, therefore, concluded to
depart from the usual custom of my prede-
cessors, and submit n brief message Mt the
close of my administration of the executive
| department of the State. l an the more i'm
PEELED to make this departure from the fact
that under the biennial system, as hitherto
administered, the Governor is obliged to conf
municate the customary message, before hav-
ing had any oflicialexperence Of the practical
operation Of the laws, as bearing upon the in
sttutons and welfare of the State.
PARDoNs.
Tho parlons granted by me may be divided
into two general classes. The first class COM
prises persons sentenced to the payment of n
tine and costs Of prosecution and to stand
committed until such payment is made. 70
this class ! have granted one hundred and
ninety-hve pardons, the fines and costs remit
ted III the aggregate amounting to about
$4,000.
In most cases of the first class. the pardon
has, in effect, been the remission of the inn
posed fine. in consideration of the length of
confinement in jail; and of the second class,
the remission of part of the term of impris-
onmcnt imposed 10y the court, from the CON
sideration that the ends of justice had been
fully accomplished by the imprisonment al
ready endured or because of new develop
meuts 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 a
State wolkhousc- The imposition Of fine up
on q man unable to pay it practically amount
,d to imprisonment in the county jail for life.
No power was vested in the courts to de-
terfnine what length of such imprisonment
should be equivalent for the payment of the
fine therefore, there have been found IN all
our county jails, large number of persons
confined in enforced idleness without hope
of release except through executive iutCrier-
ence. Without It's exercise. the iiils would
soon cease TO furnish room for ne~ offend
ers.
The second class includes persons sent, need
to be confined at hard labor in the State Pris-
on for term of years. To this second class
| have granted fifteen pardons
In the appendix will be found a list Of the
pardons granted of the latter class during the
two years ending this day, and brief state
ment of my reasons for granting each.
1t is a question which has suggested itself
to me, whether there should not be some ad-
visory tribunal, As is the practice in some 9TH
er States, whose duty it should be to examine
applications for pardons and recommend
to the Governor.
1t is apparent that 30 many applications.
urged frequently with much presidency and
feeling by near and suffering friends. impose
heavy burden of responsibility upon the
Executive. If refused, the election of a new
Governor incites to a fresh application. No
general principles governing the granting or
refusal of such applications can be establish
ed and uniformly applied. Such frequent ap-
plcations keep the convict in state of con-
slant expectation or disappointment. The
uncertainty of mind thus induced renders
prison discipline more difficult and less orec-
tive. The law, too, loses much of its terror
for evil doors, from the uncertainty which
rises in regard to an even and impartial exc
cution of its penalties.
These ref. .ctions are sugge sted TO my mind
by examination of the number of pardous
granted annually during the last thirty-fve
years, a list Of which, together with the num-
Der Of commitments for each fiscal year end
ing August lst, is as follows. 1t will be OBJ
served that the commitments for the years
1871 and 1875 are largely in excess of those
OF former years
TABULAR STATEMENT Cr CoN'SIrAfINTs 4ND