Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-10-13

assembly to hear the valedctory message OF the
Governor.
Bin introduced and reterred-By Mr.. TAFT of
Burlington, an act relating to duties Of states at
torneys; read twice and referred to committee on
Judiciary
The hour of forty-fve minutes past ten having
arrived, the senate appeared in the hall of the
house Of representatives, pursuant TO a resolution
for joint assembly to hear the vaedictory mes
sage of the governor.
JOINT ASSEMBLY.
His honor, Eben 2. Cotton, president of the
senate in the chair; Hon. George Nichols, secre-
tary Of state, clerk
Mr. MARTIN of Londonderry moved, Mr.. Fl
field Of Montpelier seconding, that committee
of one senator and two members of the house be
appointed by the chair to wait upon the gov
ernor, and inform him that the two houses were
met in joint assembly, and were awaiting his
pleasure, adopted.
The chair appointed Senator Dana of Addison,
Mr. llinckley Of Chelsea and Mr.. Taft of Bur
lington as such committee, who soon after APP
peared with his excellency.
The retiring governor, Hon. Redfield Proctor,
then delivered his valedctory message, in person,
as follows;
Governor PrOctOr's Message.
Gentlemen Of the Senate
and House Of Representatives.
You meet in an suspicious time. The state is
ont of debt. The expenses have been reduced in
almost every direction for the last biennial term
and especially for the last year The favorable
effect OF recent legislation points out the way to
further Improvements in our state administration
Reports will be submitted to you showing the
causes Of increased expenses In the past, and sug
costing remedies 1t is the session at which
amendments to the constitution may be proposed
and these may be necessary to carry out all sug-
gested reforms. You will have full facts upon
which to act Understandings, which has not been
the case at previous sessions. Your responsible
ties are great and your opportunities are CORE
spondlngly so; may your good hearts and good
sense have the guiding care and aid of supreme
wisdom and virtue.
Believing that the course of my predecessor in
submitting message at the close of his term is
worthy of imitation have followed it. have
no share with you in the legislation OF the ses-
sion and hence it is not my part to offer general
views about the policy to be pursued, but merely
TO speak of some matters where the record of my
official action or the experience of the last two
years may be OF use to you. may go too far in
giving suggestions, but II so, know that you and
the people you represent will be not unhindly
critics II you believe the intention was for the
public good.
REVISION OF THE STATUTES.
Under the act of the last session providing for
the revision of the public laws, rendered the APP
pointment Of first commissioner to the late Gov
ernor Peck, and for some time had strong hope
that he would accept and lend the state in this
work the aid of his great wisdom and learning.
But he decided that he did not feel equal to the
task in addition to other duties which he had
undertaken, and then appointed Hon. Charles
/ W. "
Of Mr.. Willard cannot trust myself to speak
| impartially. A much loved classmate and friend
| from boyhood, my appreciation of his rare quail
tiles might be deemed extravagant, but If go
beyond others it is because knew him better.
| The revision great undertaking for one in
his feeble health He, however, undertook it
cheerfully and with confidence and knew that
whatever he did would be done with such care,
system and Judgment that if he was unable to
complete it, the work would not be lost, but that
his discriminating taste in classification and ar
rangement sound knowledge of the law, and his
terse and correct use of language would guide
and assist whoever might go with it, Fortu-
nately he was spared until the greater portion
was completed, and until the whole had been
gone over, so that his associate, Judge Veazey
and his SON. Mr. Ashton X. Willard-who had
been valuable assistant to his father through
out-fuy understood his views. Judge Veazey
has completed it, employing young Mr. willard
and others TO assist him. The price agreed upon
for the entire work to this time 81, 600.
/ The consideration of this revision will be the
great work of your session. 1t will require care
full examination, but | believe as n whole the
work has been exceptionally well done. Mr.. Will
lard had no other business, and so gave his whole
time and thought TO it, which man in active
practice could not have done He fully realized
its Importance and that it was the last public
duty of life which had been full of good ser
vice for his state and country, and he made it a
labor OF love.
CONSTITUTIONAL AMENDMENTS.
we nave WITHIN rev years made decided al
vance in the right direction in rejecting special
legislation, and providing for whatever is needed
by general laws, where they can be made appli-
cable 1t is coming to be more and more in
other states constitutional provision to prohibit
special and local legislation. Other not uncoin-
mon provisions are the prohibition of the issue of
bonds, or the contracting of debts by the state
or towns in aid of railroads or other improve
ments; that all charters granted by the legisla-
ture must be held subject to state authority; that
the legislature cannot elect its own members To
office; that the governor may veto separate clauses
of appropriation or other bills. All these are in
the direction of good legislation.
We do not literally comply with the require
ment of the constitution in regard to counting
votes for state officers II the present provision
is impracticabe it should be changed. The point
has been made that there is an ambiguity in the
provision of the constitution in regard to the
power Of the governor to grant pardons in cases
OF treason and murder 1t s claimed by some,
though without good reason, in my opinion, that
the words ~ but not 10 pardon In that clause OF
the constitution were originally parenthetical
and that the governor has power merely to grant
reprieves until after the end of the next session
Of the assembly, and no power to pardon at any
time in these cases. A slight change of phraseo
ogy will remedy the defect If one exists
1t has also been claimed that a reprieve de-
stroys the force of the original warrant for the
execution of the criminal, and that there is nc
method provided for issuing new one. On this
point, however the better opinion is that the re
prieve merely suspends the operation OF the war
rant until the expiration of the repreve. refer
; to these two points not because deem them i'm
portant, but they were points raised in the Pha
case, and you may think change required AnC
in this connection wish to call your attention u
, the implied requirement of the constitution in re
gard to
COMPUTATION OF DEATH SENTENCES.
The constitution provides that the governor IL
capital cases " shall have power to grant repreve
but not to pardon until after the end of the mex
! session of assembly" This implies plainly that thu
Q legislature may act upon case, and 1t is unde
this clause, and from the fact that the supreme
power is vested in the legislature special,
, placed esewhere-that the legislature acts II
7 committing capital sentences. While the consti
: tuition remains as 1t Is, criminal can be exc
cuted until after the session OF the legislature sue
ceeding his sentence. This is not the proper tri