Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-10-09
VOL. 73.-3756. NO. SO.
nefcent results in the diminution Of crime. and
save expense TO the state
THE PARDoN1NG POWER.

|
right Of kings, crime was offence against the
\ king alone-the sovereign--and he alone, Of
| course could pardon. It was act Of personal
grace and forgiveness, and an essential preroga-
| tive OF kingly power.
From this source it has come TO IFS; but in my
view, the changed conditions necessarily change
| the whole theory Of H. Under our form Of gov
| ernment the people are sovereign The crime is
| committed against them, and pardon can only
properly be granted, as an act of justice on their
part to the criminal. and with all the safeguards
| which surround judicial proceedings. 1t is a re-
| versal Of the judgment Of the conrts and should
| never be granted TO defeGt the intention Of the
| law, but to give it effect as where new evidence
| comes to light, which II produced at the trial
| would have changed the verdict or sentence;
| or where the law, by of its generality or
| lmperfections, reaches cases which would have
| been expected II foreseen
| The free exercise of this power encourages
| crime by robbing punishment Of its terror. The
| certainty that just measure of punishment will
| follow conviction is necessary to inspire trans
| gressors with wholesome respect for law.
! Most Of the states now modify, and regulate
| the pardoniDg power of the Governor, in some
| way associating others with him In its exercise,
requiring public notice Of such applications, the
opinion Of the court that sentenced the criminal,
| and other provisions calculated to give the pro-
ceedings the weight publicity, and freedom from
| AL suspicion Of weakness or undue influence
| which characterize a judicial decision. Such
provisions, too, would give healthier tone TO
public feeling in regard to criminals, and do away
| with much of the sentimental philanthropy 80
often displayed
Calling yonr attention to the excellent remarks
| Of my predecessor on this subject, in his closing
message, submit to you the question, whether
it is not the part Of wisdom to regulate the method
Of the executive exercise Of this power so far as
you can under the constitution. This course may
| naugurate some better system, which can be
| hereafter engrafted upon the constitution, with
such modification as experience may dictate.
INSANE ASYLUM
The commissioner says, in commencing his re-
| mort 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 re-
duced. nor the duties increased since he accepted
the office. lie seems to have made full report OF
| many matters of detail Some of his suggestions
IRE very sensible. and worthy of attention. |
| must, however differ with him in his recon-
| mendation to enlarge the duties of the commits
| sioner by giving him the oversight of all the in
sane in the state. 1t would, in my view, be ere
| ating rowing commission, with powers and du-
| ties which, If warrantabe, eau be better en-
trusted to local authorities, and the ultimate
| expenses Of which we can not estimate.
call your attention to the increase in the num-
her of "public" patients. and consequent in
crease of expense TO the state, given in the
mort of the trustees The number was 233 in
| 1912 and 295 now, while there has been cor
| responding decrease in the private class from
| 273 at the former period to 164 at the present
time These figures are certainly suggestive, and
recommend a careful examination of the sub
ject of state aid to see If its privilege are not
| abused 1t is in accordance with general
policy, and manfestly the part Of wisdom not to
assume duties and obligations which can be prop
| erly left with the towns.
The commission appointed by Governor Fair
banks not having yet made their report, will
not at this time make any suggestions upon mat
ters likely to receive their attention.
EDUCATION.
am glad to call your attention to the able re-
port of the Superintendent. The weight of au-
| thorty which his experience gives him. as well as
the importance of the subject, should insure
careful consideration of the ten specific recon-
mendatons which he makes The third seems
| to be a proper safeguard against unlawful pay
ments of public money Whether the fifth sixth
and seventh would produce in all localities the
beneficial results sought for may admit of ques-
ton. Whatever action you may take on the sub
| iect of education, it is desirable to give as much
as possible, character of permanency to our
policy.
DIVORCE.
| call your attention to the statutes regulating
divorce The family relation is institution
upon which rests the moral and political well-be-
ng of people, and should be stable and perma-
nent in its character Under our present statutes,
a 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 "A brief sojourn, sue for divorce; and often
causes for divorce are alleged which would be un-
availing in the jurisdiction where they occurred
commend this subject to your careful consid-
Grafton, and submit TO your Judgment whether
the interests of the people would not be subserved
by making the marriage covenant indissolube ex-
cept for those grave and fiagrant crimes which
necessarily put an end to the sanctity and purity
of the marriage relation. Whether decree OF
separation should not be granted for sufficient
causes which should regulate the custody of chill
dren and the appointment OF property; and
whether longer rooidonce should not 6e required,
and greater safeguards provided against fraudu-
lent divorces.
should speak of our agricultural interests, and
the operations of the board il time permitted,
but your understanding OF the whole subject is
so complete as to render in unnecessary,
MILITIA
The militia force of the state consists of one
Regiment OF Infantry and one Battery of Artil-
lery. the units of organization of these arms of
the service The force is in u high state of eff
cheney in every respect and there can be no ques-
ton that the interests of the state require that it
he kept so. Besides the necessity for small
force in every state, we owe some duty To general
; government, which has contributed so lberally
arms and munitions, to hold ourselves in readi-
ness 10 respond to her call if required. The state
bears in reality hut small part of the expense.
The heavy share falls upon the members them
, selves. and much has been borne by private con-
> tributions, or has come from other sources than
taxation.
REVISION OF THE STATUTES
The question of revision of the statutes will
no doubt, come before you. They now much
scattered, and to bring them together without
vision would make a book altogether too I'M
|
| it may be well to provide 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 Executive to
remove the civil service from the arena of politics
IN "A Nj II a inn nf
affairs OF the nation; to establish higher sense
$ of official duty and u insure the same standard
of conduct in public which governs men in private
I life, must be productive of much good This
}. course cannot fail TO accomplish great direct re-
suits to exert salutary influence upon all state
u and municipal governments, and to give helther
tone to the whole political atmosphere In sup
port and approval of such beneficent measures
! all true lovers of their country can heartily unite.
y The sons of Vermont rallied TO the defense of
e the nation in her hour of need We thought the
u country worth preserving at any cost of life and
u treasure. The lives were freely given, and we
shall not shrink from the full discharge of every
e other obligation Vermont will not lower her
J, standard OF honor, nor under delusiye hope for
e present ease sacrifice future financial stability
IT The present state Of affairs is the necessary
5 suit of the war with its attendant initiation and eX-
!, travagance. The doctrine that return to the
causes of our present ills, will cure them, need no
VI refutaton. There is no other remedy but re-
g trenchment and rigid economy in national state,
; municipal and individual expenses, But 1t is a
|
fall upon any one class OF condition of men, and
: pass by others
e Let no man. then, seek TO build up class dis
u tnctions which have real foundation, to ex-
|, cite fancied conflict of interests say fdncied
d for no real one exists, exist among us. 1t
, is time above all others learn the lesson OF
;, our mutual dependence We cannot egisate
universal prosperity though unwise laws may
< greatly retard its coming. Honest labor, and
y that " firm adherenceto to justice moderation, tenn
q pernce, industry and frugality," which our
d state Constitution enjons, the best remedies
!, for the evils of the hour
u Our gratitude for the continued blessings of
y health within our own borders is tempered with
u sorrow for the afhictiOn of our felowmen at the
n South, We have differed with them in the past,
IL We have felt their prowess on many hard fought
's field, and returned blow for blow We see them
& now in their present fearful trial display forti-
l. tude and devotion which command our admira-
II tlUn and enlist our sympathy. They are our
= countrymen No matter now what our past
81 strfes have been, the more earnest we were in
. contention, the quicker and stronger will the
'e manly heart be touched at their calamity and
D. the more promptly come to their relief. Let them
+ receive our deep sympathy aud such continued
e material aid as they may need, and let our peti.
81 tions join with theirs that the deadly march OF
y the pestilence may be stad
IN CONCLUSION,
Y, Gentlemen, let me earnestly request you TO pre-
pare and introduce your measures early, in order
d that they may be properly matured In the hurry.