Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-15
VALEDICTORy MESSAGE
Delivered by Gov. Proctor before the
vermont Legislature, Tbursday,
Oct. 2, 1850.

Gentlemen Of the Senate and House Of Rop-
reSeRtdtires:
You meet in an auspicious time. The State
is out Of debt. The expenses have been re-
duced 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 sub
mitted to you, showing the causes of increas-
ed expenses in the past, and suggesting rem
edies. 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 understandingly, which has not
been the case at previous sessions. Your re-
sponsibities are great, and your opportuni-
ties are correspondingly 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 predeces-
sor in submitting a message at the close of
his term is worthy of imitation, l have fol-
lowed it. l have no share with you in the
legislation OF the session, and hence it is not
my part TO offer general views about the poll
cy 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. l may go too far in giving
suggestions, but if SO, know that you and
the people you represent will not be unkndly
critics if 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 l tender
ed the appointment of first commissioner to
the late Governor 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. Willard and
Hon. Wheelock G.. Veazey.
OF Mr.. Willard l cannot trust myself to
speak impartaly. much-loved classmate
aud friend from boyhood, my appreciation of
his rare qualities might be deemed extrava-
giant but if 20 beyond others, it is because
l knew him better. The revision was 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 Ierse and correct use of language, would
guide and assist whoever might 90 on with it.
ne was bphIcN Nnlll lut BithNbl
portion was completed, and until the whole
had been gone over, SO that his associate,
Judge Voazey, and his son, Mr.. Ashton Il.
| Wiard-who had been a valuable assistant
to his father throughout-fully 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 was $4,000.
The consideration Of this revision will be
the great work of your session. 1t will re-
quire careful examination but believe, as
n whole, the work has been exceptionally well
done. Mr.. Willard had no other business
and so gave his whole time and thought to it,
| which n 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 service for his State
and country, and he made it n labor of love.
CONSTITUTIONAL AMENDMENTs.
We have within few years made decided
advance in the right direction, in rejecting
special legislation and providing for whatever
is needed by general laws, where they can be
made applicable. 1t is coming to be more
| and more in other States O constitutional pro-
vision to prohibit special and local legislation.
Other not uncommon provisions are the pro
| hibition of the issue of bonds, or the con-
tracing of debts by the State or towns in aid
of railroads or other improvements that all
charters granted by the legislature must be
held subject to State authority that the leg
| islature cannot elect its own members to Of
fee ; 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 count
ing votes for State officers. II the present
provision is impracticable, it should be chang.
ed. The point has been made that there is IN
ambiguity in the provision of the constitution
in regard to the power of the governor to
grant pardons in cases Of treason and mur.
der. 1t is claimed by some though without
good reason, in my opinion, that the words
"bUt not 10 pdrdOH," 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 par
don at any time in these cases. Sigh
change of phraseology will remedy the de
feet, if one exists.
1t has also been claimed that a reprieve de
stroys the force of the original warrant fol
the execution of the criminal, and that ther,
is no method provided for issuing new one
On this point, however, the better opinion il
that the reprieve merely suspends the opera
ton of the warrant until the expiration of the
repreve. | refer to these two points, not be
|
points raised in the Phair case, and you may
think change required. And in this con
necton wish to call your attention to th
implied requirement of the constitution il
regard to
JoMMUTATIoN OF DEATH SENTENCES.
The constitution provides that the cover
nor, in capital cases, "shall have power Il
grant reprieves but not to pardon until afte
the end of the next session of assembly.
This implies plainly that the legislature ma.
act upon a case, and it is under this clause
and from the fact that the supreme power i
vested in the egislature-unless special
placed elsewhere-that the Legislature acts il
committing capital sentences. While the con
stitution remains as it is, no criminal can b
executed until after the session of the legisla
ture succeeding his sentence. This is not tn
proper tribunal TO try such cases. Any on
who, without any experience in the matter
considers it, will be satisfied that such ques
tlons should be tried by board accustome
to consider and weigh legal evidence; by
board small in number, and so CONSTITUTES
that appeals to personal sympathy on the on
hand or to prejudice or popular clamor o
the other, can have little weight; and yo