Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

my view the changed conditions necessarily
change the whole theory of II. Under our
form of government the people are sovereign.
The crime is committed against them, and a
pardon can only properly be granted, rs an
act of Justice on their part, to the criminal,
and with all the safeguards which surround
judicial proceedings. IL is reversal OF the
judgment Of the courts, and should never be
granted TO defeat the intention of the law, but
to give it effect as where new evidence
comes to light which IL produced at the trial
would have changed the verdict or sentence
or where the law, by reason of its generality
or imperfections, reaches cases which would
have been excepted If foreseen.
The free exercise of this power encourages
crime 10y robbng punishment Of its terror.
The certainty that just measure Of punish
ment will follow conviction is necessary to in
spire transgressors with a wholesome respect
for law.
Most of the States now modify, and regu
late the pardoning power Of the Governor, in
some way associating others with him in Its
exercise, requiring public notice of such APP
plications, the opinion Of the court that SEN
fenced the criminal, and other provisions cal
culated to give the proceedings the weight,
publicity, and freedom from all suspicion of
weakness or undue influence which character
ize judicial decision. Such provisions, too,
would give a healthier tone to public feeling
in regard to criminals, and do away with
much of the sentimental philanthropy so often
displayed.
Calling your attention to the excellent re-
marks of my predecessor on this subject, in
| his closing message, | submit to you the
question, whether it is not the part of wis
dom to regulate the method of the Executive
exercise of this power, so far rs you can UNI
der the constitution. This course may inau-
| gurate some better SYSTEM which can be
| hereafter engrafted upon the constitution,
with such modification as experience may die
tate
| INSANE ASYLUM.
The commissioner says in commencing his
| report that he has not complied with the law
and that it is Impossible TO do So 'without
you pay your own expenses" The pay has
not been reduced, nor the duties increased,
since he accepted the Office. He seems TO
have made full report of many matters Of de-
tail. Some of his suggestions are very scnsi-
bic, and worthy Of attention. l must, how
ever, differ with him in his recommendation
to enlarge the duties of the commissioner, 10y
giving him the oversight of all the insane in
the State. 1t would in my view, be creating
a rowing commission, with powers and duties
which, if warrantable can be better entrusted
to local authorities, and one the ultimate cx-
penses of which we cannot estimate.
l call your attention to the increase in the
number of public patients, and consequent
increase Of expense to the State, as given in
the report of the trustees. The number was
233 in 1912 and 295 now, while there has
been corresponding decrease in the 'pri-
vate" class from 273 Mt the former period to
1G4 at the present time. These figures are
certainly suggestive, and recommend a care
full examination of the subject of State aid to
see if its privileges not abused. 1t is in
accordance with our general policy, and man,
ifestly the part of wisdom not to assume du-
ties and obligations which can be properly
left with towns.
The commission appointed by Governor
Fairbanks not having yet made their report
l will not at this time make any suggestions
upon matters likely to receive their attention
EDUCATION.
am glad TO call your attention to rhe able
report of the superintendent. The weight Of
authority which his experience gives him, ms
well as the importance of the subject, should
insure a careful confederation of the ten spe-
cfc recommendations which he makes The
third seems to be proper safeguard against
unlawful payments of public money. Wheth-
er the fifth, sixth and seventh would produce
in all localities the beneficial results sought
for may admit of question. Whatever action
you may take on the subject of education, it
is desirable to give, as much as possible, a
character of permanency to our policy.
DIVORCE.
l call your attention to the statutes regu-
lating divorce. The family relation is an in
stitution upon which rests the moral and po-
litical well-being of people, and should be
stable and permanent in its character. Un-
der our present statutes, party who claims
to have suffered by breach of the marriage
covenant in other governments or in distant
States, may come into this State and, after
brief sojourn, sue for divorce and often
causes for divorce are alleged which would be
unavailing in the jurisdiction where they
| occurred
l comm nd this subject to your careful con-
| sideraton and submit to your Judgment
whether the interests of the people would
not be subserved by making the marriage COW
enant indissoluble except for those grave and
fragrant crimes which necessarily put an end
to the sanctity and purity of the marriage re-
lation whether a decree of separation should
not be granted for sufficient causes which
should regulate the custody of children and
the apportionmcnt OS property; and whether
aAouger residence should not be required and
greater safeguards provided against fraudu-
lent divorces.
AGRICULTURE.
l should speak of our agricultural interests,
and the operations of the Board if time per
mitted, but your understanding of the whole
subject is 50 complete as to render it unnec-
essary.
MILITIA.
The militia force of the State consists of
one regiment Of infantry and one battery of
artll ny, the units of organization Of these
arms Of the service. The force is in a high
statu Of efficiency IN every respect, and there
can he 40 question tLat the interests of the
State require that it be kept So Besides the
| ,.it, IL, -,
owe some duty to the general government
which has contributed so literally arms and
munitions, to hold ourselves in readiness to
respond TO her call if required. The State
bears in reality but small part of the ex-
pense. The heavy share falls upon the mem
beers themselves, and much has been borne
! by private contributions, or has come from
other sources than taxGti, Il.
REVISION OF TN srATurEs
The question OF a revision of the statutes
will no doubt come before YOU. They are
now much scattered, and TO bring them to-
gether without revision, would make book
altogether too unwieldly. The work cannot
be long postponed, and it may be well to pro-
vide for it at the present session.
UNITED STATES SENATOR.
The national law requires that You proceed
on the second Tuesday Of the session to the
election OF United States Senator, for six
years from the fourth day of March next, at
which time the term of one of our senators
expires.
| NATIONAL AFFAIRs.
The earnest efforts of our National Execu-
tive TO remove the civil service from the arena
of politics; to secure a better administration
of the business affairs of the nation; to estab-
lsh higher sense of official duty, and to in
sure the same standard of conduct in public
which governs men in private life, must be
productive of much good. This course can