Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-10-04
MORNING. OCTOBER 4, 1873

Dir Sinai ey OF Burlington, Mr. Howe Of Ludlow Mr.
Mecndy Of Cambridge, and the motion was adopt
ed-ay,s -, nays 80.
Dir Poland then NOV ed TO reconsider the vote by
which the amendment was adopted, which was
agreed to. Pending tho confederation OF tho resO-
luton, the committee appointed to wait upon the
Governor and inform him Of the organ ZatiOn OF the
House. reported that they have attended to the
duties assigned them, and that the Governor would
Immediately communicate with the House in
person.
Joint Assembly.
At half-past two O'Clock tho Senate APP
peared In the Representatives Hall tor
the purpose OF hearing the valedictory message "
His Excellency tho Governor,
Senator .NunsUn of Bennington county, moved
that a Committee consisting o! one Senator and two
members OF the House be- appointed to wait on the
Governor and inform him that the Joint Assembly
has convened ami is ready To receive any cOmmu-
nicat'on he may desire to make; which was
adopted.
The president appointed as said committee SEN
atOr MunsUn Of bennington county, Dir Martin of
Londonderry, and Mr. SnIlley of Burlington, who
performed the duty ASST sned them, and introduced
Governor Fairbanks. who in person submitted his
vALED'croRY ADDRESS.
GeAtieMeR Of the Senate ami IF the House
Of Representatives.:
Since the presentation Of my message To the
Legislature Of lsI6, information on several sub
jcct> has been brought TO my official attention,
Il knowledge of which, in nv judgment, will
per discharge of YOUR duties a. Legislators.
have, therefore, concluded 10 depart from the
usual custom of my predecessors, and submit
4 bricl message at the close of my admini>tra-
ton Of the executive department of the State.
! am the more mpcllcd to make this depar-
ture from the fact that under the biennial
system, as hitherto administered, the Cover
nor j. obliged to communicate the customary
message, before having had any official expert
cncc of the practical operation Of the laws, As
the STATE.
rARDuNS.
The par,lons granted by me may be divided
into two general classes. The first class COM
prises persons sentenced 10 the payment of Il
Tine and cost Of prosecution, and to stand com
mitted until such payment is made. To this
class | have granted one hundred and ninety
five pardons, the fines and costs rcmitted in
the aggregate amounting To about $1,000.
In most eases of the first class, the pardon
has, in effect. been the remission of the i'm
posed line, in consideration of the length Of
confinement in Jail; and of the second class,
the remission OF part of the term of imprison-
ment imposed by the Court, from the consider
alton that the ends of justice had been fully
accomplished by the Imprisonment already
endured, or because of new developments tend
ing to establish the innocence of those convict
ed, or upon the Recommendation of the Court,
who have felt there was doubt Of the guilt Of
the party convicted.
A. the law has been hithertO-it i now
somewhat modified by the act establishing u
State Workhouse-the imposition ola fine upon
n man unable to pay it, practically amounted to
imprisonment in the County Jail for life. No
power was vested in the Courts TO determine
what length Of such Imprisonment should be
equivalent for the payment of the line; there
fore, there have been found, in NIL our county
jail>, large number Of persons confined III
enforced dleness, without hope of release eX-
..aVatt ttr1 Va m la h
out its exercise. the jals would soon cease TO
furnish room for new offenders.
The second class includes persons sentenced
10 be confined at hard labor in the State Pri-
son for term Of years. To this second class
have granted fifteen pardOnS.
In the appendix will be- found 4 list of the
pardons granted the latter class during the
two years ending this day and brief statement
Of my reasons for granting each.
II is aquestiOn which has suggested itself to
me. whether there should moi b. some all
vi-Ory tribunal, rs j. the practice in some
other States, whose duty it should be TO ex-
anime applications for pardOns, and recon-
mend TO the Governor.
Ii is apparent that so many applications, urged
frequently with much persistency and feeling by
near suffering friends imposes heavy burden Of
responsibility upon the Executive. If refused
the election of new Governor incites TO 4
fresh application. No general principles gov
erning the granting or the refusal of such APP
plicatiOns can be established and uniformly
applied. Snch frequent applications keep the
convict in Il state OF constant expectation or
disappointment. The uncertainty of mind
thus induced renders prison discipline more
difficult and less effective. The law, too,
loses much of It's terror for evil doors, from the
uncertainty which arises in regard TO an
even and impartial execution of lis penalties.
These reflections are suggested 10 my mind
by an examination OF tie number of pardons
granted annually during the last thirty-tiyc
wears, a list of which, together with the num-
Der of commitments for each fiscal year, end
ing August l>t. is as follows:
II will he observed that the commitments
for the year Isl. and ISIS, are largely in ex
cess of those of former years.