Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1883-03-14

MONTPELIER. VT.
WEDNESDAY, MARCH IA, 1883.
An Injustice.

Government, under whatever form, gets
its expenses paid by the people by meth
DDS of taxation more or less equitable. A
tax is made as near general and uniform
as may be, the object being that all may
contribute alike. But taxation is not the
only way in which private property goes
10 the general use.
When mans property is needed for a
public use, as land for an ordinary high.
way, or for rail road, it can be taken
from the owner however much he may be
opposed to this use of it. But the public
cannot get mans property without pay.
ing for it. The right to compensation for
what is taken is secured by the constitu.
ton.
But when the law deals, with a mans
life Or his liberty, different rule prevails
and one that oftentimes works the very
grossest injustice. Cases have happened
where innocent men have been convicted
and hung, and where they have been con.
victed and imprisoned. Of course when
Il man has his neck broken there is no
redress for him because he may afterwards
be shown to have been innocent. He is dead
and for him thai cannot be remedied
But his family which has been deprived
of the benefits of his life can get no ICON.
pensation, AMI a man imprisoned for
years can get nothing for his time Or his
suffering, however plain 't may appear
that mistake was made in his case.
Society is not to be blamed for wrong
full imprisonment when it h,s come about
that those executing the law have been
deceived and have punished the innocent.
Methods of determining guilt have to be
established for the protection of all. Moth
ing human is perfect and by these methods
Or the administration of them sometimes
the innocent man suffers.
In such case he gives his liberty or
whatever thing the law demands of him
for the public use. For to preserve society
means of furnishing those who violate its
rules must be provided and inevitably now
and then the innocent suffer for the guilty.
Society in preserving itself has taken the
liberty of one man unfolding a method OF
procedure whereby it has convicted
hundreds of guilty men whose punishment
was necessary to its we'll being.
1t is all we'll enough perhaps that every
innocent man criminally accused shall il
he has the money have the pleasure OF
paying the expenses he incurs in being
declared innocent. But when society goes
beyond that and beyond such temporary
restraint as is necessary to secure an ac
cused persons appearance at his trial
and goes so far as to declare him guilty as
its final judgment and then imprisons him
in punishment for crime and it afterward,
turns out that he was not guilty it is diff
cult TO see why in common decency and
ommon sense the man is not entitled
some compensation for that of which he
has been deprived. And a case that has
lately come to light in Michigan is very
good illustration of what wesarc writing
about.
Thirty years ago a Vermonter by the
name of E,tabrook sold out aud went
west intending to marry a Miss Woods
who lived near Leonidas in the southwest
part of Michigan. He left Burr Oak for
Miss Woods, Sunday, November 10, 1858
with team which he sent back that day
after getting dinner at country tavern.
Monday morning one of the tavern
keepers sent his baggage to Miss Woods
but Estabrook was never heard from.
Afterwards one Giles Harding who was
in Jail told how he saw Estabrook killed |
that Sunday night by Samuel Ulman and
one White. And in 1855 Ulman, White
and Harding were convicted of the
murder and sentenced to state prison for
life. White and Harding died in prison
years ago; Harding, on whose testimony
Ulman and White were convicted, making
declaration that his testimony was false.
Someway, Ulman having nobody who
took interest in his case, until lately
nothing was done to give Ulman the benefit
of the proof of his innocence. But Gov.
Begoe's attention was called to the facts
and he has just pardoncd Ulman after the
man has.served % years in prison under a
false charge. Mr.. Ulman is free now but,
he can get nothing for the % yes rs unjust
Imprisonment. Society was not to blame
for his imprisonment for it has furnished
the best means ii knew to determine BY
certain forms what..men were guilty and
what ones innocent, and it had to have
such determination to preserve itself. But
the means provided for the public good
and use took Uman' S liberty without fault
on his part. Why should he not have
compensation as well as if his land had
been taken for the public usep