Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-11-02
COMPUTATION OF SENTENCES
DOES THE LEGISLATURE HAVE THIS
JUDICIAL POWER.
Address of Hon. w. +. stafford Before
the Vermont Bar observation-disclosures
That Popular Assemblies should
Not Make Unequal Laws,

The scholarly address given below was
delivered before the Vermont Bar Asso-
citation at its annual meeting i'm Mont
relicr by Hon. W. +. stafford of ST. Johns
bury Doubtless tho suggestion OF this
topic to Mr. Stafford came through the
position of some members of the supreme
Court who during the last session Of the
Legislature conteudcd that that body did
nos possess the power TO commute the som
tonce of death pronounced upon william
1uzzell and Mrs. Isabella Marsh of North
1iC,d for the murder of the lattcr's hus-
band. Tho Legislature did commute tie
sentences as II had done several times pre-
Niously and the popular interest thus
awakened gives the article an especial in
tcrest Mr. Stafford spoke a. follows:
Gentlemen of the Vermont Bar Associa-
ton.
First Of all, as ! have had no earlier op-
rortunty, let mo thank you for the honor
Of being for ouc year the president Of
your body, and for the privilege it af-
fords me Of addressing you tonight up
on topic in which fcel more than a
common interest
The subject of this address may be best
put in the form Of a question. Has the
Legislature of Vermont authority to COM
mute sentences? Since 1Sl5 the period 20
which my researches have gone bach, tire
legislature has assumed to commute the
punishment of death to Imprisonment for
lie I'm eleven cases a table is here given
OF the cases in which the question has
been dealt with BY the legislature:
COMPUTATION or SENTENCES RY
THE LEGISLATURE or VERMONT
ISIS. Samuel L. Godfrey, Communication
refused
1919. Jesse Roornc. committed.
1899. Henry Damon, commuted.
1872. S1mupl Lar he. COmmut,d.
1879 Matthew Hallorau, commutcd.
1859. Ariel Martin, commutod.
1>6l John Burns committed.
1871 William Pendolph. committed.
1869, Hoqace r. Plumley committed.
ISIS. Horace Il. Plumley, pardoned.
1870. Henry Welcome. Communication re-
fused.
1875 John p. Phair rcpricved four times
Communication refused
1873. Asa S, Magoon, House voted for
and Senate against Communication. See
Both VT 1898.
1878. Edward Tatro, Communication re-
fused
1873. Henry Gravelin, Communication re-
fused
1880 Edwin c. Hay den, Communication &C.
tSS. Emeline l.. Meaker, Communication
refused
1>N2 Lewis Almpn Mcaker, commn,cd.
ISIS Mrs Isabella Marsh. commut"d.
I''Ns w MA III !. luEHt H. O. MINUTE "a.
Al the very last session of the LcgiSl1-
turc rs will be seen two sentences were
CCnmUted. The right was then seriously
questioned and graVCly considered, and
the extraordinary precaution was taken
hY the executive, before his warrant was
placed in the hands of the warden. of re-
curing from the prisoners "A request in
writing for the communication. in the be-
lief that they would thereby estop them
selves from ever afterwards questioning
the legality Of their imprisonment
The exercise of such power by the
Legislature challenges the most careful
and sitting Investigation. Does the right
exist? If so, what is its basis, and what,
II any. are its limits? Is the power confer
Iod by the constitution? Is it consistent
with the constitutions And if So is it
consistent with other, uneXpreSsed but
Fundamental, principles of the social COM
lnct? No attempt can he made to answer
these questions without going to the very
foundation principles of all government
Where does the right to govern reside?
Tor Americans there can be but one an
swer' IT resides in the body of the people
at large The people of Vermont nave
framed It government. They have rX-
pressed their will in a constitution They
have therein recognized certain limitations
and imposed certain restraints upon their
own power. They have determined that
the government stall be carried on in
three departments. and have d, clured that
irifhpr shall iDf,,itpa ,,p1,, In nro,iroa