Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-11-02


say that if the one shall have more friends
in the Legislature than the other he may
i've, while the other shall die? How does
the case differ in legal essentials from
that Of q law enacted beforehand in such
language as this? "Thc punishment for
murder in the first degree shall he death
for all men except John Smith, of North
field, in the county Of Washington, for
whom it shall be Imprisonment for licc."
The PHI Of Rights declares that no man
should be deprived Of his liberty exccpthy
the laws If the land. Is such an enact
mcnt fit to he called a law II the
land? The Bill of Rights declares that
government is instituted for the Conn
mon benefit of the people, and not for the
particular advantage of any individual Is
this law for the common benefit? is 1T not
solely for the advantage of John Smith?
Is such law consistent with the funda-
mental principles of the social compact?
Is the power to pass it one which the
Legislature of free and sovereign state
may exercise? If there is nothing in the
circumstances of the crime which John
Smith committed that can be formula
ted into rule for all men, then let John
smith suffer the penalty which all other
men must suffer If there is something
in the circumstances of his case which
shows that the general law should have
been different, let the general law be
changed, hut let us live under a govern
ment of laws, not under a government Of
men.
Now Whether Such a law as TINS should
ne he4d Nold by Inc courts depends upon
whether II must be said that the power
- hlcohSiSlehl win the constitution, Or
u not tnat IL Is inconsistent with the
luhHamental principles OF all free gov
eminent. Whether a law may be held ir-
valid for the second reason alone has re-
l'aineu' perhaps an unsettled question
ever sIilce lne supreme court OF the I'M
Tea states divided upon 1t in the great
case calder " BulI Dallas, 5S6. our
own court IN Culmpy " Hazen, apparent
y approved the position of Judge chase
"hef" IN the eloquent language OF Judge
iu"clS, sald Oh another tunuamehtaI
RUE rms IS principle oder thah writ
zen cofstlt utlohS' oder even IMAM Huhily
lhcue' anu oteatheS so palpaply 'he spirit
VI enact JuStlce 'nat IL needs 10 loth!i-
i"tioii III Ine orS"hlc law
II Is uliicult 10 see now the communal
tlo'l vi sentence C'" De treateu as an
tN'T'lse OIL 'he pardohlng power a par
"O, NiPtS "ut we oiIci'Ce "hile me Coiii-
mutation 81 the sentence treats 'he prIs-
onel "9 Eul.tS an" MAKES separate Jaw
Ior MN Moreover II Is unquestohanie
.h't 'Ie Eeheral paiuonlhE power was IN
tp"ueu 10 ne vested IN the executive "here
1t properly ShouIu rest W nat trlpuhal
more uhltt 10 deaI with questions or such
NeIlcacy could be imagined than popu-
lar assembly. Can it be the true cont
stfuctloh OF our constitution that TINS eX-
traordlhary and dihicult task involving
the most careful scrutiny into the circum-
stances OF the particular case ana to be
exercised only in the most extreme of ca
ses, should be vested in body like leg
islature? Is it not fairer and wiser, then,
to say that by the clause referred to in
the beginning, the people of Vermont in
tended to leave their Legislature free to
pass any law which the legislature of a
free and sovereign state might pass. that
is to say any general law affecting the
and that until that opportun-
ity had been afforded the power of the
executive should not be exercised;
but that when a legislature had met
ard adjourned without enacting such ~
general law. the executive should have,
as in other eases. the power of clemency?
if there is any Inconsistency between this
clause and the one providing for a rigid
ton of the departnents the latter
is tho later exurc.sion Of the nonular viii
-1IS6 as against 1777-apd so auparentlv
entitled TO control
.rba I .ooisIature has NOT besitated how
ever to grant pardops has NOT hesitated
Il grant thar, long after fine first session
following the sentence has elapsed. In
1865 at Rutland Horace r Pumlev was
of murder and sentenced tn he
hung. His sentence was commuted TO i'm
urisonmont for life In tSSS Tho cepe,al
A Assembly passed an act No. oS3 Of The
laws of that voar declaring that said
Plumlcv sis hereby hardened and that
act was annroved nv tho povarnos. par
dons in cases Of murder have hoe, Grant
ed bv thu governor also after A session of
the Assembly has intervenod DOCS tho
vec+ tho nardorino mower. II,
hath rho lep,slativa and ,vocutiva d.n,rt
ments conC,irreptlyo In all cases excent
treason and murder tho ro,.rnor may
grant pardons even before a session Of
the Assemble Traaeon and p,,,rdar oro
only two of tho four canitaI crinee ,ba
other TWO bainp raid arI ore,,, ,,ba,, IL
causes death From thn dea+b nfrnItv
then. i'm these cases the roverrus. may re,
lease the convict M any time MAJ tho
7 eoislatura exercise the s,rna nnu..ro l.
NOT All this doubtful nracoedura IN tho
mart of tho I.eqieIaturf trac.,hla 10 tho
narfialitv already aIli.ded to Ione, nro,.n-
jcnt and not VET outrrovn in favor If the
non,,lar Assembly,
Have LAWYERS no dutv IN tI,o ctata -,
view of surh a history as that with ~,
have boen recaIIinqo Ougbt vvc not "a ola
the neonlA if nossihIe nv constituency,
discussion and counsel in a sound can.
struction of the constitution and con
sistent course of practica under it9
Some of the gray vest questions of all can
only he suggested here: Is the imprison-
ment of the convict legal after tho day
fixed foc. his execution has exnired9 If bo
should be brought before the State court
on haheas corpus and the act of co.nmuta
ton held void could he be resentenced, as