Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-12-24
Veto By Governor yarnham.
STATE OF vermont,
EXECUTIVE CHAMBER MONTPELIER,
December l6, 1880.

IT, the sp6dtsT Cf:hs Hoisst Of Repfe8a;at,...
SID have the nonOr 10 return TO the House OF
Representatives, where it originated, House bill
No. 2, entitled IAN act relating 10 the duties OF
States Attorney without my approval.
Section one OF the bill provides that 1.-The States
Attorney, upon leave of the presiding judge en-
dOrsed thereon, may prosecute by luiSrEiatiun all
crimes and misdeu,eanlrS, anu may prosecute by
information in all cases where grand jurors, EN-
panneed before the several county courts, may
md indictments" This proposes fundamental
change in the prosecution of high crimes and mis-
demeanOri.
Section one of chapter oae hundred and twenty
Of the General Statutes provides thas 'fhe state >
Attorneys MAJ Prosecute by Information all crimes
no, capital and where the punishment Is by i'm
prisonment In the State prison for term not ex-
ceedng seven years. This statute goes quite far
the constitution Will permit 1t allows prosecu-
ton forth minor crimes and offences bv inioTs,a-
ton. hui the higher ones are sill, lessi 10 be
dealt with hy II ,Ic,,:aen. " grand jury.
Tbs ILL no. q, in effect puts an information by
the states Attorney IN the place OF indictment
found by the grand jury in all cases approved by
the presiding Judge and quite likely would result
In the power OF the States suPersedlng the powers
and duties of the grand Jury IN heary al instances
pcusea anu facilitate the prosecution Of criminals,
but 10 not think IL constitutional.
Section ten of part first OF the State Constitution
says: Nor can any person he justly deprived OF
his liberty, trceit By TIE ta1s IF the !dHd, or the
Judgment of his peers What ;.Ges tRe expression
By The ldrs q ths Ga., He.n Does II mean such
81 lIJ;c l.T as llsiS be enacted alter the adoption
oftNe Constitution or does II mean the common
law OF England as III force throughout the country
At the time of the adoption?
Chancellor Kent SAYS: lit may be Received as D
self-eyIdent proposition, universally understood
and acknowledged throughout tue country, ,hat nc
person can be taken or ..nprlsSueA,
or deprived " lis ite, liberty or property, unless
by the law af the land the Judgment Of his peers
The words b. Us iae If shs land, used Id Vagina
ChariG In reference 10 this subject are understood
10 mean due proc lar, that Is, by the Indictment
or pTesentment OF good and lawful men and gals
says Lord Coke, IS the true sense ami eSEcs.ion OF
these words"
This constr C.itl az The meaning Of the words ~
H. "a. Il he land, is sustained by the courts IN
New York, Massachusetts, North Carolial, TenneS-
see. Maine the United States and Vermont.
Chlef Justice story In his Commentaries On Vie
Constitution SAYS thai this claIse ~ l,.i tsTrt
by the law Of tie i-ndl d. taGnd in AGg.d Chaftd
means " due Process Of law-thar is, due present.
ment OF Indictment. SO that this clause in elect
afiirms the right of trial according to the processes
and proceedings of the common law.
In our own state the question has heen raised IL
relation To the prOsecuf,1,. Ci ,iner efenCes with
out indictment, ana .he SUP enc court have decided
| IL these rastlIites that minor offences may b,
prosecuted without Indictment, but both OF th(
Justice Redfleld and Judge Bennett, say In effec
that the words in section ten Of the bill OF rights
.by the laws OF the land mean the same - ia
process OF law-that - ~ inii, ttLent or present
men, g. good and law fu men, and that consequent
y the larger cfnes should he prosecuted b; iulict
| ment ouly.
| From these considerations. there seems TO M
| but one cOnclusi0n-that the hill Is uucOnstl.u
| tlOnal.
Therefore WITHHOLD my assent, AL returu III,
bill without ms approval.
Pos t.RA N