The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1910-01-06

or else some fraction OF the mem
bership, like one-tenth, one sixth
or fifth In the beginning
the membership of the house OF repre-
sentatives was small and the right o
one member to demand the yeas ant
nays then was a very different thin,
from permitting it now.
The size of the house requires tha
the right should appertain to a Ger.
tain number of members instead of 9
certain fraction of the membership;
otherwise, the determination OF the
fraction would practically result in
making the same delay as the calling
Of the yeas and nays itself.
PROPOSAL FIVE
That Section 20 Of Chapter 2 OF the
Constitution be amended to read az
follows:
Section 20. No person ought In
any case. or In any time, to be do
clared guilty Of treason or felony, by
the legislature, nor to have his sen
tence upon conviction for felony com
muted, remitted or mitlgated by the
legislature.
And that Section II Of Chapter 2
be amended by omittlng the words
land murder" where they occur
therein.
Section IL of Chapter @, relating to
the powers OF the executive. provides
that the governor shall have power
to grant pardons and remit fines, In
all cases whatsoever, except In trea-
son and murder; in which they (he)
shall have power to grant reprieves,
but not to pardon, until after the end
of the next session of the assembly
and except In cases of impeachment
In which there shall be no remission
or mitigation Of punishment but by
act Of legislation. The inference is
drawn from the above that the power
TO commute sentences for murder,
which is withdrawn from the govern
or, was intended to be given to the
general assembly, and the general as
sembly is accustomed to exercise that
right, If not by inference from the
passage quoted, then under its unre-
stricted sovereign powers
The right to extena mercy to per-
son convicted OF murder In the first
degree being withdrawn from the gov
ernor by the constitution, Section
1866 OF the Public Statutes provides,
in order to permit the legislature to
extend such mercy II II chooses, that
no person sentenced to suffer the
punishment Of death shall be executed
previous to the first day OF January
after the close OF the session of the
general assembly following such SEN
tence."
The execution OF death sentence
is thereby usually postponed from one
TO two years. and an appeal to the
legislature for communication is practi-
cally always made The attorneys
and friends of the convicted man are
not considered TO have exhausted his
defense until such an appeal is made
and strenuously pressed. The result
is that the case OF every person con
victed OF murder In the first degree
must be threshed over In the legisla-
ture. and the evidence and proceed
ings are supposed to be reviewed and
reconsidered by large body. neither
trained nor intended for such work
II the purpose OF such review Is 10
see whether any mistake or error has
been made In the trial. that is purely
a judicial question and should apper-
tain finally to the supreme court. n
II be question Of mercy. II Is a.
principle common to all American con
stitutions that such a question Is ex
ecutiye and should appertain to the
governor or pardoning board
There are special and justifiable
reasons why the power TO remit or
punishment in case OF trea-
son or Impeachment might be taken
from the governor. as such cases Of
ten involve executive officers or else
AFFECT the general public safety; but
neither of those considerations apply
q he case II murder The 9nrld
sretion 81 individual murder cases bs
ne legislature IL an assumption of
either Judicial or executive powers. o.
both and contrary 10 the spirit o.
Section Of Chapter ? Of The Con
which provides that "ihe
executive and ildicia
departments shall be separate snd dis
tinct. No that neither exercise The
powers properly belonging 70 the
Ither "
II Is fundsmentsi principle Of oar
Institutions that legislative bodies