Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1910-01-06
COMPUTATION.


One of the curious anomalies OF our
: Vermont system is the custom OF com.
muting the sentence Of murderers from
death to Imprisonment for life, through
act Of the legislature. We doubt il there
is anything like it in any other state or
country. It rests upon an implied con-
struction OF our state constitution which
denies TO the governor the right to
change the nature OF sentence Tor muir
der, and also forbids the execution of a
condemned person until after general
assembly has had opportunity to consider
the case. In practice it has resulted in
virtually constituting the legislature a
court OF last resort as to the form Of pun
ishment to fit this particular crime.
There is no direct authority vested, and
no Limitation. The constitution does no
say that the legislature may commute,
and may only commute. Indeed, we see
no reason why it may not go further and
limit the penalty to imprisonment for
term Of years, or liberate the prisoner al
together, or vote him a reward for bis
act. II the legislature can interfere in
any respect with the ordinary punish
ment OF one class of culprits BY due pro-
cess of general law, why not any and all
offenders Why can it not change the
sentences Of horse thieves, burglars or
common drunks2 Why do we not sec
bills introduced to alter the sentences OF
such persons, as well as those OF murder.
ers 2 II the legislature overrides the
courts in one respect, why not in all 1t
is an extraordinary invasion of the do
main Of the Judiciary by the legislative
branch, the legality of which is question
able and the injustice perfectly apparent.
In Vermont we deprecate mob rule and
lynching, not more because Of its horri-
BILE incidents than because it disturbs the
orderly conduct OF law and substitutes
violence and possible injustice. Ii may
even bring ignominious death to the in
nocent. We say, let law and the courts
rule in the matters that are properly
theirs. Yet Vermont takes the ultimate
disposition Of murderers under death
sentence out of the hands OF the courts
and, through it's legislature, sits in judg-
ment on whether they shall die or live;
gives to some three hundred men, select
ed for quite another purpose, the power
of life or death over fellow mortal. 1t
is but a mild species OF mob rule and
lynch law itself.
II goes according to the within, fancy,
favor, prejudice or passion OF these three
hundred men. They are not judges or
jurors. They are not bound to observe
the law or the facts. The case rests upon
their conscience, rather than their judg-
ment. They act according to their sym
pathy or prejudice. Their general atti-
tude toward capital punishment, too,
affects them. We ask jurors, in such
cases, whether their opinion on this ques-
ton would operate toward the guilt or
innocence of the accused, and IL IT would
we reject them, yet when ii comes to com
Legislators arise and boldly pro-
claim that they oppose capital punish
nent on principle, and favor the prisoner
regardless of the nature of his crime or
he particular circumstances. Il is ali !
wrong.
The power to commute Is not a right
-elished by the Vermont assembly. His
, solemn duty that would be gladly q
wooded. We have seen strong men I
Dlanch when required to pass sentence
IF life or death in this way. It is most Z
'olemn and tense moment when the vote '
e taken. II is not proper subject for
legislation or consideration by such :
1ody Of men. No fair conclusion can be /
cached II they are to depend on judg- y
nent alone. The testimony is not pre- I
ented and there is no sworn evidence.
Paid attorneys appear at the hearings, v
make their pleas, very largely directed to b
human sympathies, and the poor Iegisls- y
or is left with the terrible responsibility :
lpon him. 1t ought never to be. b
There is no necessity for putting this Il
burden upon a general assembly. It is g
d extrsneous. The courts are the !
roper agencies for liking penalties in ali e
ases, based on the general laws. The il
governor has the right to reprievs, and I
irobably 70 pardon. That safeguards the
lrisoner. To take the case Of the q
murderer to the legislature Tor fnal deter 2
nination ls poor policy in both theory =,
nd practice. Il results in inconsisten- il
les and weakens the deterrent effect Of r
tatute penalties. II should be cut out in g
a unmistakable way II we ever get :,
hanoe to amend our state constitution. F.