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

been brought to my attention by counsel and
friends. ! examined them all with some care,
and had an opportunity to know something Of the
condemned men and their crimes, of their condi-
ton Of mind, Of how they received the action OF
the courts, the legislature and the executives and,
also to know the views OF the people. The effect
of delay caused by this right OF appeal to the leg
islature is in every way bad. Punishment to have
any restraining effect must be sure and swift, and
strong enough, at least to deter others. The long
delay destroys its force the crime Is an old story,
the community begin to sympathze with the pris
oner and in the end the execution of the law,
which, while the memory of the crime was fresh
in mind seemed fully deserved, now seems almost
like a second murder. The effect of the delay
upon the condemned man himself Is also bad If
he has but short time to live after his sentence
he feels its terrible force and JUSTICE he gives
his time to preparation and is in a much better
frame OF mind to make confession and atonement
far as il in his power. But II he knows that he
has one or two years to live he sees great oppor-
tunity-judging by the past-to get this time ex-
tended, or get his sentence COMMITTED. He de-
votes himself TO that end, and, of course, stouty
maintains his innocence; he knows that others no
less guilty sometimes escape; he courts and en-
Joys the false sympathy so readily bestowed. He
convinces himself that he has been wronged;
grows more and more hardened and dies unre-
pentant
1t is not my place to recommend any board or
other method in which this power of commute
ton should be exercised, but am very decided in
my view that the legislature should have nothing
to do with it, and that capital punishment should
follow after sentence at such time as the court in
its discretion may order. The law OF the last ses
sion permitted the time to be shortened as far as
is consistent with the constitution, but could I'M
der the constitution only have the desired effect
when the sentence was but short time before
the session
The same board of authority which exercised
the power of Communication might also exercise
the pardoning power, in important cases at least.
The operation OF the law of last session requiring
publication and allowing one or more judges to
be called in has been salutary. Some applicants,
hearing that the notice must be published in the
county where the crime was committed, have
wisely decided not to face public opinion. But
this law is Of little force under the constitution
unless the governor chooses to use it. We need
some provision more stable in character. APP
plications for pardon, so far as may be, should
be determined by some fixed rules and principles,
applying alike to all cases Under our practice a
pardon is granted on urgent personal appeal in
one case; in another just as deserving but pushed
with less pertinacity 1t is refused In the exer-
else Of this power | have aimed to be careful
about releasing those convicted of great crimes
and have become more and more convinced that
it is seldom wise to interfere with the action OF
the courts. ! have pardoned several sentenced
for lighter of ences where the term had nearly
expired, and from the circumstances pardon
seemed to be a deserved encouragement to a
young man, or one not hardened offender; sew
eral on account of failing health, in all cases Of
importance having the approval Of the Judge
who tried the case.
STATE PRISON.
On my visit to the state prison during the ses-
sion of 1873 the lack Of discipline and system
so apparent that decided to appoint new SUI
perutendent at the expiration of Mr.. Spencer $
term, December 1st, and so informed him Dur
ing that session tried to find a man in the state
for this position, but could not find one who com
bned experience and all the other requisites.
The affairs of the prison were in such loose con-
dtion both in the discipline and In the business
/ RI lint "a ma nf avn nd ri -
was required. | was sorry to feel obliged to look
outside of the state. Mr., Rice was not an appli-
cant. His coming here was not of his own seek
ing, but learned of him by inquiring among
men familiar with the prison affairs of the coun-
try, and wrote Governor Common personal let.
ter of inquiry, setting out the unfortunate state OF
affairs in our prison, and the need of more than
common man. His reply was strong recon-
mendaton of Mr. Rice as the only man in his
| knowledge whom he would appoint to such a po-
sition So far as have been able to learn, every
one who has had an opportunity to know agrees
with me that Mr. Rice has fully answered the
recommendation. He being a stranger In the
state feel it but simple justice to him to refer tc
this matter so fully. Soon after he went into Of
flee he found irregularities in Mr.. Spencer's &C
counts. These were quite difficult to trace, but
were faithfully investigated, and the result was
that Mr.. Spencers bondsmen paid over to the
state a little over 81 800, which he had received
and failed to account for informed the state
attorney but as the largest item was barred by
tne statute Oh nlnlCttlOn, lie ueclueu tnat IL Wd'
not advisable to commence criminal prosecution
The construction of the new work shop ant
chapel at Windsor was in charge OF Director
Parker, whose wise and economical management
in this, as in all other matters connected with hit
administration, has been creditable to hInsel
and of great benefit to the state Though
might justly commend every state officer TO
faithful performance of duty, am glad to maxi
special mention of the chairman Of the prison
board, Mr.. Bingham, whose good sense and judg
ment are never at fault.
The directors OF the state prison and house o
correction think law would be advisable givinl
directors authority under some regulation, per
haps with the approval OF Judge of the suprem,
court TO transfer prisoners hereafter sentenced
from one institution to the other. This would
avoid overcrowding in either, as has been the cas-
at both places at different times within two years
One would be crowded while the other was no
full. Sometimes there are other reasons for
transfer, either in the character or conduct OF thu
prisoner; and, OF course, there is the liabilit,
that by failure of contractor fire or other acct
dent the prisoners might be thrown out OF worl
at one place, when part OF them could be EN-
ployed by transfer to the other. This transfe
could be made by the officers Of the institution
and would entail no cost but the actual railroa,
fare paid out, and of course would not be mad
unless for the profit OF the state.
TRANSPORTATION OF ooSvIcrs.
Persons sentenced to prison, and those sent Il
the house of correction from shire town a
least, might be transported to the prison or hous
Of correction by the officers OF those institutions
and large expense saved. This is the law o
Maine and some other states, ! believe Tn
cost would be merely the actual cash paid out
and Communication tickets would reduce this to
very small sum An officer could almost Away
be spared long enough to go to any part of tn
state for prisoners. | am not able to give tn
amount OF this expense, but 1t is quite large, an
the subject demands attention. II the presen
system of fees is retained they are too high Il
some cases.
, REFORM SCHOOL EXTENSION.
A law was passed at the last session appropri
atng ten thousand dollars for new buildings a
the reform school, but with Il proviso I" that n
! part OF the money should be used without tn
: consent of the governor" The trustees In 1877
and again in 1880, voted unanimously to carry on
the provisions OF the act, but felt it my duty t
withhold my consent for several reasons. Tn