Inaugural address of  Hiland Hall  As it appears in the  Journal  of the  House of Representatives  October Session  1859  Friday, October 14, 1859 Inaugural Address  Fellow Citizens of the Senate  and House of Representatives: The circumstances under which we are assembled to perform the labors and duties of State legislation, I am happy in believing, are not of an unpleasant character. During the past year the earth has yielded its accustomed store  of  agricultural  productions,  our  people  have  been  blessed  with  a  common  measure  of  health,  and  their business  transactions  and  prospects  have  undergone  a marked  and  decided  improvement. The  general  business interests of the State, indeed, appear to be in a healthy and prosperous condition. We meet  also  for  the  first  time  in  the  new  State  edifice,  and  can  hardly  fail  to  be  favorably  and  agreeably impressed  with  its  fine  proportions  and  the  beautiful  style  of  its  finish,  and  also  with  the  convenience  of  its arrangements,  and  the  appropriate  fitness  of  its  furniture  and  appendages.  The  building  is  indeed  a  noble  and imposing  structure, and we may  justly be proud of  it as our State Capitol.  I congratulate you on  its completion, and  I  doubt  not  you  will  concur  with  me  that  much  credit  is  due  to  those  who  have  been  concerned  in  its erection,  as well  for  the  rapidity with which  the work  has  been  pushed  forward,  as  for  the  neat  and  substantial manner in which it appears to have been executed. I  trust we  shall enter upon our  legislative  labors  in a  just and commendable spirit, and with a determination to bring them to as speedy a close as the interests and welfare of the State will permit. STATE FINANCES. The condition of our State finances will require, and will no doubt receive, your careful consideration. I  think  it  my  duty  to  call  your  attention  to  the  fact,  appearing  by  the  Auditor’s  Report,  that  the  State expenditures  during  the  past  political  year  have  considerably  exceeded  the  accruing  revenue.    Such  has  also been  the  case  for  several  years  past,  requiring  the  adoption  of  a  more  rigid  system  of  economy,  or  a  resort  to additional  taxation,  or  both,  in  order  to  avoid  the  necessity  of  creating  a  new  State  debt.    I  am  not  disposed  to recommend  a  parsimonious  course  of  legislation  in  regard  to  proper  objects  of  appropriation,  but  I  deem  it worthy  of  consideration  whether  some  of  our  State  expenses  may  not  be  reduced  without  violating  the principles of a judicious economy. CRIMINAL PROSECUTIONS Among  the  expenditures  which,  I  think  deserve  legislative  consideration,  are  those  connected  with prosecutions  for  crime  in  the  several  counties.  An  examination  of  the  Auditor’s  Reports  for  the  present  and former years will  show  that  the  expenses  in  this branch of  the public  service  are  large, and  that  they have been constantly  increasing  for  several  years  past  without  an  apparent  corresponding  increase  in  legitimate  criminal business.  The  accounts  of  state’s  attorneys,  sheriffs,  clerks  and  others,  connected  with  these  expenditures,  are adjusted by  county  auditors  appointed by  the  supreme  court,  and  they  are  far  from  following  a uniform  system of  allowances.   Charges which would be discarded  in  some  counties  as  illegal would be  allowed  in others,  and for the like service different rates of compensation are permitted by different auditors, some of them apparently of  an  improvident  character.    It  seems  indispensable  that  these  accounts  should  be  adjusted  in  the  several counties,  and  perhaps  the  present  system  is  liable  to  as  few  objections  as  any  that  could  be  adopted.    But  it  is respectfully  submitted  for  your  consideration whether  it may  not  be  improved  by  further  legislative  regulation. As  one means  of  accomplishing  this  object,  I would  suggest  that  the  State Auditor  be  required  to  report  to  the General Assembly, during  the  first week  in each  session as  statement of  the allowances which have been made by  the  several  county  auditors  during  the  preceding  political  year,  which  in  his  opinion  are  either  illegal  or excessive  in  amount,  together  with  such  suggestions  as  he  shall  deem  proper  for  producing  more  just  and uniform  allowances.  Such  a  requirement  of  the  State  Auditor,  it  is  believed,  would  operate  as  a  check  upon improper allowances, and by bringing the subject annually to the attention of the legislature, would enable them to apply the proper remedy for any evils that should, from time to time, be found to exist. In  connexion  with  a  provision  of  this  kind,  I  would  also  recommend  that  all  fees  whatever  to  state’s attorneys,  for  their  services,  be  abolished,  and,  in  lieu  thereof,  fixed  salaries  allowed  them  from  the  state treasury. The  rates of compensation  to  the  several  state’s  attorneys might be graduated  either by  the number of senators to which the counties are respectively entitled, or according to some other rule corresponding as nearly as  practicable  to  the  amount  of  business  to  be  performed  by  each.  I  am  persuaded  that  salaries  sufficiently liberal  to  ensure  a  just  and  proper  attention  to  the  duties of  the  office might  be  thus paid,  and  at  the  same  time the expenditures in this branch of the public service be very much lessened. BANKS, INSANE ASYLUM AND STATE PRISON. I  deem  it  unnecessary  to  call  to  your  special  notice  the  various  important  matters  embraced  in  the  State Auditor’s Report. The Banks, now in operation in the State, appear, from the Commissioner’s Report, to be in a safe  and  sound  condition.  The Asylum  for  the  Insane,  and  also  the  State  Prison,  seem  to  have  been  conducted during  the  year  in  a  satisfactory  and  successful  manner.  I  commend  the  statements  and  suggestions  of  those connected  with  the  examination  and  administration  of  these  institutions  respectively,  and  those  of  the  Bank Commissioner, to your careful consideration. GEOLOGICAL SURVEY. I  have  received  from  the  Rev.  Dr.  EDWARD  HITCHCOCK,  the  State  Geologist,  the  introductory  part  of  the final  report  of  the  Geological  survey  of  the  State,  and  am  happy  in  being  able  to  say  that  the  whole  may  be expected  to  be  ready  for  publication  at  no  very  distant  day.  I  trust  the  report  will  be  creditable  to  those concerned in its preparation, and to the State. Such part of it as shall have been furnished me will be laid before you early in the session, with any suggestions in regard to the work that shall occur to me as important. CABINET OF NATURAL HISTORY. In obedience to the provisions of an act of the last session of the legislature, I appointed ALBERT D. HAGER, to take charge of, and arrange, the cabinet of minerals and specimens of natural history, purchased of the widow of  the  late  ZADOCK  THOMPSON,  who  has  removed  them  to  Montpelier,  preparatory  to  placing  them  in  the capitol. These, and also the specimens belonging to the geological survey, will be arranged for exhibition in the room designed for that purpose, as soon as the cases can be prepared for their reception. BOARD OF EDUCATION. The  subject  of  education  deserves  the  earnest  attention  of  all  who  have  in  view  the  best  interests  of  the State;  for  upon  the proper  educational  training of our youth depends  in  a great measure  the preservation of our free  institutions,  which  are  the  pride  and  glory  of  the  American  people.  The  Vermont  Board  of  Education  has been  in  existence  less  than  three  years,  and  I  think  it  is  not  too  much  to  say  that  it  has  proved  of  great  public benefit. If it has not answered the full expectations of some, it cannot be denied that the array of facts in relation to  the  schools  throughout  the  State, which  have  been  gathered  through  its  instrumentality,  are  in  a  high  degree valuable.  The  third  Annual  Report  of  the  Board,  with  the  Report  of  the  Secretary,  will  be  submitted  to  you  in due  time,  and  I  trust  they  will  meet  with  the  consideration  which  their  importance  demands.  It  is  needless  for me  to  say  that  the  Secretary  of  the Board  has  discharged  his  onerous  duties with  signal  ability. He  has  been  at great pains to compile a summary of the school laws, which, with a copious index, he appends to his interesting report;  and  this  is  the  more  commendable  when  it  is  known  that  the  work  is  done  out  of  the  line  of  his  own official duties, and without any expectation or desire of any compensation whatever. THE MILITIA In accordance with the provisions of the act of the last session of the legislature relating to the militia, I have caused the uniform militia of the State to be divided into four regiments. Two of the regiments have been called out for drill, inspection and review during the past month, and have shown a commendable attention to military discipline, performing their various duties in a creditable and soldierly manner.  INTOXICATING DRINKS Our  laws  prohibiting  the  traffic  in  intoxicating  liquors  have  become  the  settled  and  approved  policy  of  the State.  If  any  additional  legislative  provisions  to  increase  their  usefulness  and  efficiency  should  be  found necessary, I shall be very ready to concur in them. JUVENILE OFFENDERS. I  beg  leave  again  to  call  your  attention  to  the  subject  of  the  establishment  of  a  reformatory  school  for juvenile offenders. Vermont alone of all the New England States is without an institution of this character, and I deem it worthy of your serious consideration whether legislation on this subject should longer be delayed. ATTACHMENT LAWS. I  would  also  renew  the  recommendation  made  in  my  former  annual  message,  that  our  laws  relating  to  the attachment  of  property  on  mesne  process,  be  so  modified  as  to  provide  for  its  equal  distribution  among  all attaching creditors. LEGISLATION BY JOINT RESOLUTIONS. I  deem  it  important  that  the  boundaries  of  the  powers  of  the  different  branches  of  the  State  government should  he  preserved  inviolate,  and  therefore  feel  it my  duty  to  call  your  attention  to  a  class  of  cases  in which  I think  an  encroachment  has  sometimes  been  made  by  the  Senate  and  House  of  Representatives  upon  the authority  of  the  Executive.  I  allude  to  attempted  acts  of  1egislation  in  the  form  of  joint  resolutions  of  the  two houses, without asking the concurrence of the Governor. The constitution (Sec. 15) prescribes the style or form in which the laws of the State shall be passed, viz.: by enactment;  and  provides  (Sec.  11  of  amendments,)  that  “every  bill  which  shall  have  passed  the  Senate  and House of Representatives, shall, before  it becomes a  law, be presented  to  the Governor” for his approval.—The Constitution also provides (Sec. 17) that “no money shall be drawn out of the Treasury, unless first appropriated by  act  of  legislation.”  These  constitutional  provisions,  I  think,  have  recently  been  disregarded  in  several instances.  Among  others,  in  the  case  of  a  joint  resolution  adopted  by  the  two  Houses  at  the  October  session, 1857,  relating  to  the  compensation  to  Henry  Stevens,  in  which  Commissioners  are  named  to  adjudicate  his claim  against  the  State,  their  compensation  limited,  the  Secretary  of  State  and  also  the  Governor  instructed  in their  official  duties,  and  the  Auditor  of  Accounts  directed  to  appear  before  the  Commissioners  as  attorney  for the State, and to draw an order on the Treasury for whatever balance the Commissioners may find due from the State  to  the  said  Stevens.  These  resolutions  do  not  appear  to  have  been  presented  to  the  Governor  for  his approval,  and  it  is  respectfully  submitted  that  they were  legally  inoperative  and void,  inasmuch  as  they  assume the office and authority of a law, by prescribing rules of action for the government of those to whom they relate, and  also  undertake  to  draw  money  from  the  Treasury  without  an  act  or  legislation.  Of  like  character,  as  I conceive,  is  a  joint  resolution  of  the  last  session,  relative  to  the  compensation  of  persons  employed  by  the Sergeant-at-Arms, and another  relating  to  the  figure on  the dome of  the State-House, both of which provide  for drawing  money  from  the  Treasury  without  authority  of  law.  I  do  not  object  to  these  resolutions  that  they propose  improper  measures  for  legislation.  If  the  provisions  they  contain  had  been  passed  in  the  form  of enactments,  it  is  very  likely  they  would  have  met  the  ready  approval  of  the  Executive.  But  if,  as  joint resolutions,  they  are  to  be  considered  as  precedents  for  the  government  of  future  General  Assemblies,  it  is difficult  to conceive of any act of legislation which may not be performed by  the  two houses alone, without  the concurrence of the Governor   THE PARDONING POWER. A constitutional question has arisen  in  relation  to  the pardoning power of  the Executive,  to which  I deem  it proper  to  call your  attention  in order  to  avoid  any misapprehension  on  the  subject.  It has been  claimed  that  the exception  in  the Constitution  of  cases  of murder  and  treason  from  the  pardoning  power  of  the Governor  is  not absolute, but only deprives him of  the power until  the end of  the next session of  the Assembly after  the passing of  the sentence. This construction would seem  to be favored by an act of  the  legislature of 1855, and another  in 1856.  I  have  been  unable  so  to  understand  the  Constitution.  I  can  conceive  of  no  reason  why  the  pardoning power  of  the  Executive  in  these  cases  should  be  absolutely  prohibited  for  the  few months  or weeks  that might intervene before  the next session of  the  legislature, and be  left  in full force forever afterwards. If  the  legislature having  had  an  opportunity  to  act  upon  a  case,  should  decline  to  interfere,  there  would,  indeed,  seem  to  be  an additional  reason why  the Governor  should  not. The  object  of  the  framers  of  the Constitution  appears  to me  to have been  to place  these  two crimes beyond  the pardoning power of  the Governor, conferring on him a  limited authority  to  reprieve,  in  order  to  enable  him,  if  he  saw  fit,  to  give  to  a  party  convicted,  an  opportunity  of applying  to  the  legislature  for  relief.  If  the  language  of  the  Constitution  be  read  as  printed  in  the  first Constitution  of  the  State,  by  separating  the  words  “but  not  to  pardon”  by  commas  from  the  other  parts  of  the sentence, (see Slade’s State Papers p. 250,) I think such would be the natural construction of the language. SLAVERY. The  position  of  Vermont  on  the  subject  of  slavery,  which  has  for  several  years  past  so  much  agitated  the public  mind,  remains  unchanged.  While  yielding  due  obedience  to  the  provisions  of  the  constitution  of  the general  government,  Vermont  does  not  claim  a  right  to  interfere  with  slavery  in  the  States  where  it  exists  by law,  she protests  in  strong  and  emphatic  terms  against  its  extension  into  the  territories of  the Union, which  she insists  shall  be  forever  consecrated  to  freedom.  And  though  she  does  not  deny  her  obligation  by  compact  to surrender  fugitives  from when duly  shown  to be  such,  she  repudiates  all pretensions of  right  in  the  slaveholder to bring his slave into this State and hold him here in bondage; and will never, under any circumstances, permit her soil for a single moment to be thus contaminated by the curse of slavery. I  am  sorry  to  feel  under  the  necessity  of  saying  that  a  new  and  most  demoralizing  manifestation  of  the progressive  and  grasping  power  of  slavery  has  been  made  during  the  past  year.    Not  only  is  the  relation  of master  and  slave  advocated  at  the  South  as  the  best  and  most  desirable  condition  of  society,  but  the  African slave trade, which a few years ago both the South and North united in denouncing as robbery and piracy, is now openly  proclaimed  by  leading  Southern  politicians  as  a  commendable  species  of  commerce,  and  its  re-opening even  urged  as  a measure  of  benevolence  and Christian  philanthropy.    It  is  unnecessary  to  say,  that  any  attempt to  legalize  this  horrid  and  abominable  traffic will  receive  the most  decided  condemnation  of  the  people  of  this State. In  closing  this  my  last  annual  message,  I  cannot  withhold  the  expression  of  my  grateful  thanks  to  the freemen of  the State, for  the confidence  they have on all occasions so generously manifested  towards me; and I beg  to assure  them,  that  in  retiring  from public  life at  the end of he present political year,  I  shall carry with me the  warmest  and  most  heartfelt  wishes  for  the  continued  prosperity  of  the  State,  and  for  the  welfare  and happiness of its people. }  EXECUTIVE CHAMBER,      Montpelier, Oct. 14, 1859   HILAND HALL.