Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-15

readily bestowed. He convinces himself that
he has been wronged, grows more and more
hardened, and dies unrepentant
II is not my place to recommend any board
or other method in which this power of com
mutation 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 rs the court in its discretion may
order. The law of the last session permitted
the time to be shortened as far as is consis-
tent with the constitution, but could under
the constitution only have the desired effect
when the sentence was but q short time be-
fore the session.
The same board of authority which exer-
cised the power of commutation might also
exercise the pardoning power-in important
cases, ut least The operation Of the law Of
last session, requiring publication and allow
ing 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.
Applications for pardon, SO far as may be,
should be determined by some fixed rules and
principles, applying alike to all cases. Under
our practice pardon is granted on urgent
personal appeal in one case in another, just
as deserving but pushed with less pertinacity
it is refused. In the exercise of this power
have aimed to be careful about releasing
those convicted of great crimes, and have be-
| come more and more convinced that it is sell
dom wise to interfere with the action of the
| courts. | have pardoned several sentenced
| for lighter offences, where the term had near
| ly expired and from the circumstances par
don seemed to be a deserved encouragement
| to young man, or one not hardened often
der; several 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
session of 1878 the lack of discipline and
system was so apparent that decided to APP
| point a new superintendent at the expiration
of Mr.. Spencer's term, December lst, and so
| informed him. During that session tried TO
find man in the State for this position, but
| could not find one who combined experience
and all the other requisites. The affairs of
| the prison were in such loose condition,
both in the discipline and in the business
| part, that man of experience and rare ca
| pacity was requir ed. l was sorry TO feel
| obliged to look outside of the State. Mr..
Rice was not an applicant. His coming here
was not Of his own seeking, but / learned of
him by inquiring among men familiar with
| the prison affairs of the country, and wrote
| Gov. Connor personal letter of inquiry set
| ting out the unfortunate state of affairs in
our prison, and the need of more than a com
mon man. His reply was strong recon-
mendation of Mr.. Rice as the only man in his
| knowledge whom be would appoint to such a
| position. 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 jus
tice to him to refer to this matter 50 fully.
Soon after he went into Office, he found ir.
regularties in Mr.. Spencer's accounts. These
were quite difficult to trace, but were faith
fully investigated, and the result was that Mr..
Spencer's bondsmen paid over to the State a
little over $500, which he had received and
| failed to account for. | informed the State,
attorney, but, as the largest item was barred
| by the statute of limitation. he decided tha
it was not advisable to commence a crimina
| prosecution.
The construction of the new chapel and
workshop at Windsor was in charge of Direc
tor Parker, whose wise and economical man
agement in this, as in all other matters con
nected with his administration, has been cred
liable to himself and of great benefit to thu
State Though | might justly commend ev
cry State officer for faithful performance o
duty, am glad to make special mention o.
the chairman of the prison board, Mr.. Bng
ham, whose good sense and judgment ar,
never at fault
The directors of the State prison and hous
of correction think law would be advisable
giving directors authority under some regula
ton, perhaps with the approval of judge o
the supreme court, to transfer prisoners here
after sentenced from one institution to tn
other. This would avoid overcrowding il
either, as has been the case at both places a
different times within two years. One woul
be crowded while the other was not full
Sometimes there are other reasons for th
transfer, either in the character or conduct o
the prisoner and of course there is the liza
bility that by failure of contractor, fire, o
other accident, the prisoners might be throw
out of work at one place, when part of theI
could be employed by transfer to the Other
This transfer could be made by the officers Q
the institution, and would entail no cost bu
the actual railroad fare paid out, and of cours
would not be made unless for the profit of tn
State.
TRANSPORTATION OF ooNyIcTs.
Persons sentenced to prison, and those sen
to the house of correction, from shir
town at least, might be transported to tn
prison or house of correction by the officer
of those institutions and q large expens
saved. This is the law of Maine and som
other States, believe. The cost would b
merely the actual cash paid out, and COMMIT
, tation tickets would reduce this TO a yer
small sum. An officer could almost alway
be spared long enough to go to any part {
the State for prisoners. / am not able to civ
the amount of this expense, but it is quit
large, and the subject demands attention.
the present system of fees is retained, the
are too high in some cases.
REFORM SCHOOL EXTENSION.
r A law was passed at the last session, apprt
priating ten thousand dollars for new builC
? ings at the reform school, but with provis
THAT no part of the money should be use
J without the consent of the governor" Th
= trustees in 1879, and again in 1880, vote
l unanimously to carry out the provisions {
the act but l felt it my duty to withhold m
e consent for several reasons. The number
inmates has been reduced since December
o 1873, from l29 TO less than 100 at the presei
q time. believe the number can be reduce
to 60 certainly, and probably below so, wit
. great advantage to the future welfare of Il
boys as well as economy to the State. III
a average term for which the boys have bee
1 confined there has been gradually increasing
Q until it has reached point far beyond VIII
a it ought to be.
a Confning boys there for very trivial offens
Q for three, five, eight, and even ten year
+ seems to me great stride towards parent
D government, and an unwarrantable interfe
ence with the personal rights and liberty
n the subject. Besides this, in o majority
8 cases, this long term at the school has an
y thing but favorable effect on the boys then
Il selves. The experiment of congregating
o large number of youthful delinquents toget
d er is now admitted by the best authorities
# be a failure nature and experience a
, nnninsL IL In the WeRthnrn school in Mas