Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-12-11

COMMUTATION OF CAPITAL SEN
TENCF,.

To the Editor of The Free Press:
Thanks for your courteous answer to
my inquiry as to the power OF the Legis
lature to commute or annul a sentence Of
death, but | fail to see that such power
is conferred by the sections Of the CON
stitution to which you refer.
That clause comforting IAN other
powers necessary for the Legislature Of
a free and sovereign State" can not in
clude it because it is not necessary"
power No one will deny but that every
State of this union is a free and sover-
egn State" and yet the Legislatures Of
none of them, that l am aware of. aside
from Vermont ever exercise or claim this
power In fact, the consti utions of the
newer states generally contain a clause
that would prohibit the exercise of any
such power They provide that no officer
charged with the duties belonging to one
department of the government shall exer-
else any of the functions pertaining to
either of the others. If all these free and
sovereign States can, and do, get along
very we'll without it. Then it is not
| necessary" If we admit the necessity
of this power il is difficult to immagine
what might not be considered necessary.
Again, your inference Of the power
from the clause which permits the COVER
nor to grant reprieveS In capital cases,
but not to pardon until after the end of
the next session of the Legislature" APP
ncarS 10 ME a non-sequitor. The infer
cncc is that because the governor may not
pardon therefore the Legislature may If
the constitution had prohibited the gov
ernor from executing the sentence until
| the end of the next session, (Which il
does 0oO, there would have been better
! grounds for the Inference. but why
should the governor be prohibited from
| pardoning for the purpose of giving the
Y icr1.
| the same thing ? This clause upon its
face, is simply an attempt to limit the
governors pardoning power. 1t may well
be that the trainers Of the constitution in
tended that the Legislature should have
| an opportunity to provide, in the mean
time. some less offensive method of execu-
| ton. that thereby the governor might be
induced to withhold a pardon which ha
would otherwise be inclined to grant, or
other reasons might be suggested At
least this suspendng for "A considerable
period Of the governors pardoning power
could hardly have been intended as a
favor to the convict. Because this clause
by it's terms lessons his chances of es-
cape, was it therefore intended to in
crease them?
The statutes referred to can, Of couse
only indicate the Legislatures opinion OF
its own powers. Legislatures are some
times mistaken.
If the sections of the constitution refer
ed TO are the only ones bearing upon the
subject. I can see no warrant in that in
strumont for legislative interference with
the course Of Justice in special cases. II
however the constitution he regarded
not as grant of powers, but only limi'
tatlon upon sovereisnity already SUI
prone, then I urge that this interference
with the proceedings Of our courts fall:
into the category of those acts that are
forbidden to rulers by tho common con
sent of all civilized people
f. G. HUNT.
New Haven, Vt, Dec. g.