Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1878-10-09

D'S i"'uiV pOlCl anu requirements Ol lllc
state, with reference to the prison.
/ In this connection. and at the risk of
being charged with trenching upon ground
outside my proper limits. must refer to
The pernicious and growing custom of fill
ing many stale offices, and especially those
having charge of these state Institutions,
from among the members of the general
assembly Such choice is wisely fol bid
den by the constitutions of some states.
The evils which result from this course
here during the session can be readil, un-
derstood and appreciated without mention,
and will refer only to those lesser ones
affecting the institutions themselves and
the expense of supporting them. They
are great business enterprises. costing the
state large sum yearly, and should be
conducted in u business way. We need in
their management the best judgment.
technical knowledge and experience that
the whole state affords, and to fill these
offices in any ether way is an expensive
mistake. They are, however, too often
distributed rs personal or political rewards.
We sometimes change all the officers at
the same time. Every new set of officers
wish TO mark their term of office by some
departure from the course of their prede-
| cessors.
A wiser system would secure greater
economy, better discipline, and q more
permanent and continuing policy in our
administration of these institutions.
WORK HOUSE.
The site selected by the commissioners
contains eight acres. and is in every way
| adapted to the purpose.
The act of 1876 required that persons
convicted of certain offenses after Septem-
Der lst, 1878, should be sentenced to the
work house. The cells are not dry enough
for use, and are not likely to be until
about the first of December next.
The courts are in session in several
counties. and would recommend an i'm
mediate change of the law. whereby such
sen ences may be imposed as can be car
ried out.
| would also recommend that careful
examination of the laws be made, to see
what, if any changes are necessary to
adapt them 10 the new work house system.
A ANAL appropriation will be required
for furnishing the work house. The gen.
eral aims and purposes of the work house
system are deserving of all commendation !;
and believe this our first trial of it. will
give beneiicent results in the diminution
of crime, and save expense TO the state
TIE PARDoNING POWER
The constitution vests this entirely with
the governor. Under the old theory of
the divine right of kings, crime was an
cffnce against the king alone-the sover-
eign-and he alone, of course, could par.
don. II was an act OF personal grace and
forgiveness, and an essential prerogative
of kingIy power.
From this source it has come to us bat
in my view, the changed conditions neces
sariIy change the whole theory of it
Under our form of government the people
are sovereign. The crime is commi ted
against them, and pardon can only prop
erly be granted, as an act OF justice on
their part, to the criminal. and with all
the safeguards which surround judicial
proceedings. 1t is reversal of the judg
ment of the courts, and should never be
granted TO deteat the intention of the law.
| but to give it fleet; as where new evidence
comes to light, which if produc, at the
trial would have changed the verdict or
sentence; or whore the law, by It's gener-
alily or imprrfr, tions. reaches cases Which
would have been unexpected if foreseen.
The free exercise of this power encour-
ages cim" by robbing punishment of its
terror The certainty that IL just measure
of punishment will follow conviction i,
necessary to inspire transgressurs with u
wholesome RESI- ect for law.
| Most of the statutes now modify, and
regulate the psrdoning power of the gov
ernor, in some way; associaling others
with him in its exercise, requiring public
notice of such applications, II e opinion of
the court that sentenced the criminal, and
other provisions calculated to give the
proceedings the weight, publicity, and
freedom from all suspicion of weakness or
undue influence which characterize Il judi
cial decision. Such provisions, too. would
give 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
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 ex-
ecutive power, SO far as you can under the
constitution. This course may inaugurate
some better system, which can be hereaf-
ter engrafted upon the constitution, with
such modification rs 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 du-
ties increased, since he accepted that
office. He seems to have made full report
of many matters of detail. Some of his
suggestions are very sensible. and worthy
Of attention. must, however differ with
him in his recommendation to enlarge the
duties of The commissioner. by giving him
the oversight of all the insane in the state
1t would, in my view, be crealing q rowing
C, mmissiun with powers and duties which
local authorities, and one the ulti late ex
pense of which we cannot estimate.
call your attention to the increase in
the number of "public patients, and tn,
consequent increase of expense to the
state, as given in the report of the trustees
The number was two hundred and thirty
three in lo7l-2,and two hundred ninety liv
now, while there has been correspondent;
decrease in the private class from TIVE
hundred and seventy-lhree at the forme
period to one hundred and siXty-four II
) the present time. These figures are Ger
tainly suggestive, and | recommend
careful examination of The subject of stat