Inaugural address of  Horace Fairbanks  As it appears in the  Journal  of the  House of Representatives  Biennial Session  1876  Thursday, October 5, 1876 Inaugural Address  Gentlemen of the Senate  and House of Representatives: In  entering  upon  the  legislative  duties  and  responsibilities  imposed  by  the Constitution,  it  is  fit  and  proper, especially in this Centennial year of our Naitonal existence and nearly completed century of the existence of our State  under  a  constitutional  government,  that  our  hearts  should  be  filled with  thankfulness  and  gratitude  to  the Author of all blessings, not only for the general health, pace and prosperity which He has graciously vouchsafed during  the past  two years, but  also  for  the  innumerable blessings which have  attended our  entire  existence  as  a State.    And  especially  is  it  fitting  that  we  should  remember  with  gratitude  and  thankfulness  at  this  time,  the mercies  and  goodness  of  that  Providence  which  led  our  fathers  safely  through  those  peculiar  and  trying circumstances which  environed  them  in  the memorable  year  of  1777,  and which  scarcely  have  their  parallel  in the world’s history, - when  though claimed on  the east by New Hampshire,  - claimed and menaced on  the west by New York, - oppressed and warred against on the north by Great Britain, - unrecognized and unsupported by the  sister  colonies,  they,  a  mere  handful  of  sturdy  yeomen,  stood  manfully  and  independently  for  the  right; framed and adopted a Constitution, which for the most part remains unchanged, and under which they and their posterity  have  been  “protected  in  the  enjoyment  of  life,  liberty  and  property,”  and  have  been  led  to  that  “firm adherence  to  justice,  moderation,  temperance  industry  and  frugality,”  which  has  made  them  and  us  an intelligent, virtuous  and happy people.   May  the  same  Infinite Wisdom guide us  in  all  legislative deliberations, that we mar not  the  fair proportions of  the governmental structure  reared by our  fathers, but enjoy and  transmit it improved, adorned and embellished, to those who may come after us. Standing  on  the  dividing  line  of  the  centuries,  it  is  the  part  of wisdom  to  consider  not  alone  the  present,  its comforts and privileges, but as well the past, that we may learn their cost, its lesions, and take warning from any mistakes by the way, and that we may plan broadly, intelligently and wisely for the future. The biennial  reports  of  the State  officers having  in  charge particular departments of  the public  service, will fully  inform  you  of  the  present  condition  of  the  important  affairs  of  the  State.    The  suggestions  and recommendations  of  these  officers  who  have  become  familiar  with  the  necessities  and  workings  of  their respective departments, deserve, and not doubt will receive your careful consideration. FINANCES. It  is  a  matter  for  mutual  congratulation  that  by  wise  legislation  and  careful  and  honest  management,  the finances  of  the State  are  in  a most  satisfactory  and  prosperous  condition.   When we  call  to mind  that  ten  years ago, after having cheerfully met the enormous taxation necessary for the support of the war, the State was found to have a funded debt of $1,625,500, it is not a little remarkable, and certainly very gratifying, to find that at the close  of  the  financial  year  the  Treasurer  had  in  hand  assets,  mostly  in  ready  money,  to  the  amount  of $72,907.11, in excess of all existing liabilities.  Although a portion of the State debt does not fall due for several years, and is really due from the State to the State, and a considerable portion of the money then on hand will be needed  to  defray  the  expenses  which  will  accrue  before  another  State  tax  can  be  collected,  we  have  the  proud satisfaction of having entered upon  the  second  century  substantially  free  form debt, and with no State  financial burdens for posterity to bear.   The Treasurer’s report,  to which you are referred, will furnish a clear, definite and detailed statement of  the financial transactions of the State for the past two years. From  the report  it appears  that during  the financial year ending August 1, 1875, besides meeting  the current expenses,  the  funded  debt was  diminished  $59,000,  and  there was  added  to  the  sinking  fund  $130,000.   At  the close of that year, the financial condition of the estate was as follows:   LIABILITIES. $11,519.96 12,178.24 1,886.06  Due towns, U.S. Safety Fund, Due on Soldiers’ accounts, Due on outstanding checks, Due on funded debt: Coupon bonds, 1876, Coupon bonds, 1878, Registered Loan, 1878,  Due Agricultural College Fund.,   $102,000 34,000 31,500 -------------------  $167,500.00  135,500.00   ----------------   $328,584.26 ASSETS   Due on tax of 1874,  Cash in treasury and on deposit in banks,         $4,563.45 320,376.84 ----------------  $324,940.29   ---------------- $3,643.97  Excess of liabilities, During  the  year  ending August  1,  1876,  the Treasurer  has  purchased  $2,000  of  the  bonds  due December  1, 1876, and $30,000 of the registered bonds, due December 1, 1878. The balance sheet for the present fiscal year represents: LIABILITIES. Due towns, U.S. Safety Fund, Due on Soldiers’ accounts, Due on outstanding checks, Due on bonds December 1, 1876, Due on bonds December 1, 1878, Due Agricultural College Fund, Due on over-due coupons, Due Vermont Asylum for the Insane, Due Perkins Institute for the Blind,   $11,519.96  11,472.78  1,833.89  100,000.00  35,500.00  135,500.00  1,605.00  24,333.12   2,125.00   -----------------   $323,889.66    ASSETS $8,552.21 Due on tax of 1875, 388,244.56 Cash in treasury and on deposit in banks, ----------------  $395,796.77  ------------------   $72,907.11 Excess of assets,  With the same prudent foresight and the same economical and honest management continued, Vermont will never  be  numbered  among  the  bankrupt  or  repudiating  States,  but  her  promises  to  pay  will,  as  at  present, command a premium in the money market. EXPENSES. The  expense  of  administering  the  affairs  of  the  State  must  in  the  future,  as  in  the  past,  be  paid  almost entirely  from  direct  taxes,  and  for  that  reason  should  be  cautiously  and  prudently  incurred.    Taxation  should ever  be  kept  at  the  lowest  limit  consistent  with  the  permanent  protection,  growth  and  development  of  the interests of the entire people. The Constitution has happily prescribed this limit.  Its language is, “Previous to any law being made to raise a tax, the purpose for which it is to be raised ought to appear evident to the Legislature to be of more service to the community than the money would be if not collected.” The payment of State expenses is form a common fund, raised by a general tax.  The danger lies in a neglect to  examine  carefully  each  item  of  expense  to  determine  whether  it  falls  within  the  letter  and  spirit  of  the Constitution.    A  cursory  examination  of  the  accounts  allowed  by  the  State  Auditor  will  suffice  to  show  that prosecutions by  the grand  jury,  and  trials by  the petit  jury, occasion  large  items of  expense.   At my  request  the Auditor has examined his books and reports  that  there has been paid,  including  the sums paid  the  jurors, during the last fiscal year, - for the former, $9,013.81; and for the latter, $21,443.72. The criminal prosecutions in each county are under the management and control of its State’s Attorney.  The incumbent  is  changes  at  nearly  ever  election.    It  is  believed  that  considerable  sums  in  fines  and  forfeitures  are for this reason lost to the State. The  incoming  State’s  Attorney  is  unfamiliar  with  the  business,  and  has  no  knowledge  of  such  as  has  been left  unfinished  by  his  predecessor.    Not  infrequently  has  it  happened  that  the  expense  of  obtaining  an indictment,  and  sometimes  of  a  trial  before  the  traverse  jury,  has  been  lost  to  the  State,  from  the  indictments being defectively drawn through the inexperience of the State’s Attorney.  Besides, there has been paid to other attorneys  for aiding  in State  trials during  the  last  fiscal year, according  to  the  estimate of  the State Auditor,  the sum of $3,500.    It  is my belief  that  a  considerable part of  this  class of  expenses might be  saved by  the creating of the office of Attorney General, to be filled by an experienced and able attorney.  It should be his duty to take charge of and systematize  the criminal business of  the State; attend  to  the collection of all fines and forfeitures; give instructions and aid to the State’s Attorneys in drafting informations and indictments; and to be present and conduct he more important criminal prosecutions.  I believe, with the criminal business in the care and charge of such  an  officer,  that  the  necessity  for  instituting  such  prosecutions  by  a  grand  jury  would  in  a  great  measure, cease  to  exist,  and  might  be  dispensed  with  except  in  cases  of  treason  and  murder.    For  such  cases  the  grand jury might be called whenever occasion should require, and not in each county annually, as is now done.  There is  no  clause  in  the  Constitution  which  would  be  violated  by  such  a  change.    Prosecutions  by  information  are fully recognized by the common law. The  chief  value  of  the  grand  jury  system,  and  the  occasion which  called  it  into  existence  in England,  grew out  of  her  arbitrary  form  of  government.    It  furnished  security  against  unfounded  and  unjust  prosecutions  of  a subject who had  fallen  into disfavor with  the monarch.    It  insured merited prosecutions  against  royal  and  titled families. I have been led to these suggestions from the belief that some such change in the law as has been indicated, would  be  made,  which  would  not  lessen  materially  their  expense.    The  right  of  trial  by  jury  is  secured  by  the Constitution, “except where parties otherwise agree.”  By such agreements, such causes may be referred under a rule of  court.    I  am  informed  that  the  cost  to  the State  for  such  jury  trials per day  is  about one hundred dollars.  Under existing law, cases involving the simple right to recover for labor or property to an amount exceeding ten or  twenty dollars, dependent upon  the nature of  the action, can be, and often are, carried  to  the county Court by appeal.    The  trial  of  such  case  is  rarely  completed  in  less  than  a  day.    Is  it  not  a  plain  perversion,  not  to  say violation  of  that  clause  in  the  Constitution  heretofore  cited,  to  impose  a  tax  of  one  hundred  dollars  upon  the community,  to  settle  a matter  in  which  one  of  two  parties may  be  entitled  to  twenty-five  or  even  fifty  dollars, and should not the right of appeal in such cases be taken away unless the amount involved is nearly equal to the amount of taxes which the appeal will probably impose upon the community? The allowance of the right of appeal in such cases is no kindness even to the prevailing party.  Beside the ill feelings  likely  to  be  engendered  by  such  trials,  the  expense  of  the  trial  to  him  is  usually  much  more  than  the amount of the claim. The  ordinary  expenses  per  day  of  a  competent  referee  do  not  exceed  $10  or  $15.    Hence  if  all  jury  cases should be referred, and the state should assume the payment of the referee’s fees, a very great saving of expense would be secured to the State, and no right of parties would be thereby sacrificed. The main  obstacle  in  the way  of  an  agreement  of  reference  is  that  parties  know  that  they  can  try  their  case by  jury  on  the  payment  of  six  dollars  to  the  State,  and  that  a  trial  by  a  competent  referee may  cost  them many times that sum. I  think  it would be economy  to provide for  the payment, by  the State, of a part or  the whole of  the referee’s fees, and  that  the expense of  trial by  jury may be  lessened by proper  legislation  in  the  two directions  indicated, without any detriment to public or private interest. ASSESSMENT OF TAXES. The  framing  of  statues  so  as  to  compel  an  equitable  and  just  contribution  from  every  interest  and  citizen, towards  the  expenses  of  administering  the  affairs  of  the  State,  has  ever  been  one  of  the  most  difficult  and perplexing questions with which legislators have to deal.  The right of the State to compel such just contribution is unquestionable.  Without it every department of the government becomes paralyzed. The  duty  of  every  citizen,  and  of  every  species  of  property,  to  contribute  towards  the  expense  of  his  or  its protection,  is  equally  clear.    The  protection  furnished  by  the  State  to  its  citizens  and  to  the  property  within  its limits,  gives  the  right  to  exact,  in  war,  the  personal  services,  and  in  peace,  a  poll  tax  from  the  former  and contributions  from  the  latter,  wherever  the  owner  thereof  may  reside.    This  is  substantially  the  doctrine announced in the 9th article of the Bill of Rights. Within  the  past  few  years  there  have  been  frequent  complaints  that  the  spirit  of  this  article  in  the  Bill  of Rights  is  violated  in  the  apportionment  of  the  public  burdens.    Not  unfrequently  has  it  been  claimed  that property of  the same kind and value was placed  in  the Grand List at different valuations  in different sections of the  State.      At  other  times  it  is  claimed  that  a  large  amount  of  property  invested  in  railroads,  telegraph companies,  insurance  companies,  and  other  companies,  to  protect  which  and  determine  the  rights  thereto, annually  costs  the  State  a  large  sum,  almost  wholly  escapes  taxation;  and  again,  that  owners  of  real  estate  are unjustly discriminated against, in that they are taxed on its appraised value, notwithstanding they may be largely indebted for it, while the owners of personal estate are allowed to deduct form its appraised value the amount of debts which  they may  owe.    It  is  claimed  by  some  that  there  should  be  no  deductions made  from  the  assessed value  of  personal  property,  for  the  debts  of  the  owner;  that  such  allowance  induces  fraud  and  the  creation  of fictitious  debts  for  the  purpose  of  obtaining  deductions,  and  that  the  expense  to  the  State,  to  protect  and determine  the  rights  to personal property  for which  the owner  is  in debt,  is greater  than when  the  same  is  fully paid  for,  and  hence  it  is  unjust  that  the  owner  of  property,  because  he  is  a  debtor,  should  be  relieved  from contributing therefrom to the expenses of the State. Without  doubt  there  is  too  much  foundation  for  these  complaints,  though  the  class  first  mentioned  could have no existence in fact, if listers would faithfully observe the law, and appraise all property at its just value in money. It is notorious that they do not regard the law in this respect, but appraise property at from one-third to two-thirds its just value in money, often vieing with each other to place and keep the property in their locality in the list  as  far  below  its  value  as  possible.    I  am  informed  that  conscientious  listers  often  refuse  to  sign  and  make oath to the list form a knowledge of their failure to comply with the law. The  prevalent  feeling  that  the  practical  operation  of  the  law  for  the  assessment  of  taxes  is  unequal  and unjust, has been , and is, working a sad demoralization of public sentiment.  By a numerous class of citizens it is no  longer  considered  a  public  duty  to  assume  and  pay  their  full  share  of    the  public  expenses,  but  rather  that they have a  right  to avoid as much of  it as  they can, even by  resorting  to questionable devices.    It  is  feared  that the  Legislature  may  have  inadvertently  aided  in  the  work  of  demoralization,  by  too  readily  passing  acts  to legalize grand lists, with and without specifying the defects to be legalized, and even to legalize the omission of the  listers  to  sign  and make oath  to  the  list.   Would not  a more healthy  sentiment be  inculcated by  refusing  the passage of  al  acts which do no  specify  the defect  to be  cured,  and  all  acts  to  legalize defects occasioned by  the omission of the listers to complete, sign and make oath to the list according to law, and , also, by enacting a law rendering the listers personally liable to their towns and to the State for all losses occasioned by their neglects or omissions in this respect. I  am  convinced  that  the  law  in  regard  to  the  assessment  of  taxes  needs  a  careful  and  considerate  revision  – such  a  revision  as will  apportion  and  distribute  the  public  expenses  as  equally  and  justly  as  possible  among  all the citizen s ad upon all the pecuniary interests of the State.   Whether such a revision can be effected at a single session of the Legislature may be doubtful. EDUCATION The  importance of  this  interest cannot be overestimated.   More  than ninety  thousand children are  in process of training the schools of the State. Their weal or woe is largely determined by the character of the schools which they attend. These children are soon to give character to the State and other States. The State can better afford to neglect any other interest than his, which is so closely allied to her welfare and destiny. Free  institutions  cannot  long  exist  among  a  people  characterized  by  ignorance  and  vice.    Intelligence  and virtue are the bulwarks of all free government. The  pecuniary  interest  connected  with  education  are  very  large.    The  direct  taxes  raised  annually  for  this purpose  amount  to  nearly  $600,000.    But  this  sum  represents  hardly  a  tithe  of  what  the  people  of  the  State annually expend to educate their children. There must  be  added  a  large  sum  paid  for  text  books,  and  a many  times  larger  sum  for  the  board,  clothing and time of the children. But  the  pecuniary  interests  connected  with  the  public  schools  dwindle  in  importance  into  insignificance, when  compared  with  the  habits  and  characters  which  are  there  being  acquired.    A  thoroughly  intelligent  and virtuous  people,  inured  to  habits  of  self-control  and  perseverance,  are  invincible  everywhere,  whether  in  the world of mind or matter. It  is  not  so  much  the  amount  of  money  which  we  expend,  as  the  character  which  we  give  to  the  public schools,  that  is  all-important.   Almost  any  expenditure of money, whether  for  the better  superintendence of  the public  schools, or  for  securing  the hearty  co-operation  and  interest of  the parents  and guardians, or  for  training and  bringing  into  the  service  more  experienced  and  better  qualified  teachers,  if  it  only  serves  to  elevate  ht character  of  the  public  schools  and  give  to  the  State  more  intelligent,  virtuous  and  persevering  citizens,  is economical and judicious.  If it fails to secure these results, the expenditure is wasteful. I  trust  that  this  interest,  whether  it  relates  to  the  public  schools,  or  the  higher  institutions  of  learning,  will receive your careful consideration. The  report  of  the  State  Superintendent  will  inform  you  of  the  work  done  during  the  past  two  years.    I commend his recommendations for legislation to your consideration. It  seems  to me  that  an  economical  and  efficient management  of  this  great  interest  requires  a  uniformity  of text books through out the State, and that there should be secured a decrease and consolidation of the number of small schools, which are usually intrusted to young and inexperienced, not to say unqualified, teachers. My predecessor’s  recommendation of  the establishment of  town  libraries  I most heartily  endorse, not  alone as  a  means  of  education  for  the  young,  but  also  as  a  means  of  continuing  the  work  of  education  and  culture among those who are engaged in the active pursuits of life, and as a source of solace to declining years. STATE LIBRARY This  library, which  is  very  compete  in  the  department  of American  law,  besides  being well  furnished with miscellaneous works, has entirely outgrown the room set apart for it in the State House. It  is  evident  that  some  further provision  for  its  accommodation must  soon be made.    It  seems  to me  that  an enlargement  of  the  present  room  is  almost  impracticable,  and  that  sooner  or  later  there must  be  erected  for  its accommodation  a  separate  fire-proof  building,  which  should  be  kept  open  throughout  the  year.    The  library  is now of such dimensions and  importance  that  it should be readily accessible for research and  investigation at all times. BOARD OF AGRICULTURE MANUFACTURES AND MINING. The Secretary’s report, with the accompanying papers, will inform you of the work accomplished during the past  two years.    Its work has  thus  far been confined  to  fostering  the  interests of agriculture.   This doubtless has resulted  from  the  fact  that agriculture  is  the more prominent and general  interest.   The Board  is concerned with the  three  great  industrial  pursuits  of  the  State.    Each  of  these  industries  is  essential  to,  and  more  or  less dependent  upon  the  others  for  its  best  development,  and  should  be  judiciously  encouraged  and  fostered  by  the State.    I  think  that  these  interests are sufficiently  important  to warrant  the continued employment of a  judicious and  properly  qualified  Secretary;  that  in  collecting  and  arranging  facts  and  statistics,  making  experiments, holding  public meetings,  suggesting  the  best methods  and  bringing  them  to  the  attention  of  the  people,  he  can find ample work which can be done profitably in the interest of the State. I  would  recommend  a  larger  appropriation  than  is  asked  for  by  the  Board,  whose  expenditure  should  be guarded  by  suitable  legislation;  and  also  that  the  State  Geologist,  whose  official  duties  lead  him  to  a consideration of the mines and minerals in the State, be made an ex officio member of the Board. THE INSANE. This  unfortunate  class  are  peculiarly  the wards  of  the State. Bereft  of  reason,  and  frequently  of  friends,  the State will be derelict in duty if its guardianship be not generous, active and vigilant. I have read the report of the Commissioner with interest. It is apparently a thoughtful and carefully prepared document. I commend  it  to your careful perusal and study. The facts and deductions  therein stated are startling. I  have  not  sufficiently  examined,  and  am  not  sufficiently  familiar  with,  the  facts  and  circumstances  either  to adopt  or  deny  the  conclusions  of  the  Commissioner.  If  his  conclusions  are  well  founded,  there  is  imperative need of immediate legislative action. That  the  number  of  insane  under  treatment  and  needing  relief  should  have  steadily,  year  by  year,  increased from  the  foundation of  the Asylum, while  the population of  the State has  remained comparatively  stationary,  is a  matter  that  challenges  attention  and  enquiry  into  the  causes  of  the  increase. May  you  carefully  consider  this important  subject,  ascertaining  as  nearly  as  possible  the  exact  facts  as  to  the  relative  increase  or  decrease  of insanity in our own State, and other parts of the country, and may your action in the premises be wise and just to the  Asylum,  to  the  State,  and  above  all,  to  these  unfortunate  wards  of  the  State.  I  commend  to  your consideration  the  suggestions  of  the  Commissioner  with  reference  to  the  enactment  of  safeguards  against improper commitments, both to the asylum and to the county jails. STATE PRISON AND COUNTY JAILS. I  think  it may be safely asserted, after an experience of nearly a century,  that  the operation of our system of prison discipline, both as practiced in the State prison and in the common jails, in its effect upon the prisoner by way  “of  encouragement  of  virtue  and  prevention  of  vice  and  immorality,”  has  been  a  failure;  that  the  prisoner, from  the  effect  of  his  imprisonment,  instead  of  having  become  a  reformed  and  better  man  and  citizen,  with inclinations  towards  virtue,  has  become  discouraged,  hardened,  and  too  often  hopelessly  fixed  in  a  criminal course  of  life.  Too  often  has  it  happened  that  the  day  of  his  discharge  has witnessed  a  repetition  of  his  former criminal act, or some more heinous crime.  This,  to  my  mind,  indicates  that  our  system  of  prison  discipline  is  radically  wrong  in  principle.  The  State has, and can have, no feelings of revenge towards an erring citizen. Her conduct towards him should not be such as  to  lead  him  to  feel  that  he  is  an  outcast  from  her  care  and  protection.  Neither  should  it  be  such  as  would indicate  a  disregard  for  his  criminal  act.  Her  treatment  should  be  such  as  evinces  the  utmost  abhorrence  and detestation of his crimes, but at  the same  time  the greatest regard and  tenderest solicitude  for him as a man and as a citizen. I  fear  that  while  the  State  has  been  most  active  in  showing  abhorrence  of  crime,  it  has  been  lacking  in earnest  efforts  to  save  the  criminal  from  his  crime  to manhood  and  good  citizenship. When  any  person,  old  or young,  is  fully  convinced  that  he  is  an  outcast  from  society,  and  that  there  is  no  hope  of  his  ever  regaining  the good opinion and esteem of his fellow citizens, he is irrevocably lost to a virtuous life. Hope is the great stimulating motive to action and to striving for better things. When this is crushed out, the man once bad is bad beyond recovery. The tendency of our system of prison discipline, to my mind, is to banish from  the convict’s mind all hopes of a  return  to a virtuous  life. Consider  the  treatment of  the State  towards  this class of persons. A young man  is accused of  the commission of a crime. He  is at once arrested and  thrust  into  the county  jail No person on behalf of the State visits him, save the jailer to pass in his meals three times a day, and to lock him safely  in  his  cell,  or  the  State’s  Attorney  to  inquire  whether  he  wishes  to  plead  “guilty”  or  “not  guilty.”  Not  a book, not a newspaper does the State furnish him with which to while away the tedious hours. If the jailer out of kindness  provides  reading  matter  for  his  prisoners,  it  is  a  favor  and  not  a  right.  His  associates  may  be  of  any degree  of  criminality.  It  is  the  common  receptacle  for  all  accused  of  the  commission  of  crime  within  and awaiting their trial, as well as the place for punishment of those convicted of minor offences. In  a  dim-lighted,  ill-ventilated  room, with  nothing  to  do,  not  even, when  transferred  to  the  State  Prison  for safe keeping, on the order of the Governor, allowed to work, though requesting it, he passes his days and nights as best he can, brooding over his hard lot, planning ways of escape, or listening to the recital of obscene stories, or  the  criminal  life  and  criminal  exploits  of  his  associates. And  yet  he  is  not  a  convict. He  is  only  an  accused. And  this  is  the  attempt  of  the  State  to  prevent  the  commission  of  crime,  most  frequently  the  offspring  of idleness,  by  compulsory  idleness!  At  length  he  is  tried.  If  acquitted,  he  goes  out  soured  and  hardened;  if convicted  of  a  minor  offence  he  is  returned  to  his  life  of  idleness  in  jail;  and  if  of  a  higher  crime,  put  to  hard labor in the State Prison. The right of the State to incarcerate him springs from the right of self preservation. By an  overt  act  he  has  manifested  the  possession  of  a  character  which  endangers  the  rights  of  others.  He  is incarcerated  to  deprive  him  of  the  power  to  invade  the  rights  of  others,  not  alone  during  the  term  of  his confinement,  but  permanently,  by  removing  the  criminal  inclination  and  disposition,  and  to  deter  others  from the commission of crime. It would seem that of right he should remain incarcerated so long as he is possessed of the criminal inclination and disposition, and that the State should be active in its endeavors to dispossess him of these  characteristics.  The  court  is  left  to  determine  the  time  of  his  incarceration  as  best  it  may,  with  little knowledge of his former life, less of his criminal tendencies, and of the length of time which will be required to eradicate them. In  the  State  Prison  he  is  confined  in  his  solitary  cell,  or  driven  under  keepers  to  his  tasks,  is  allowed  no communication with  his  fellow  prisoners—scarcely  any with  his  keepers;  he may  have  a  few  books,  if  able  to read, but receives no instruction, except on the Sabbath, a little from the chaplain. From his arrest to the close of his  sentence,  the  State  against  whom  he  has  offended,  and  which  has  laid  her  heavy  hand  upon  him,  has  not extended to him a helping hand, and has scarcely spoken a cheering word. Is it a matter of wonder, then, that he broods  over  his  hard  lot,  as  he  views  it;  feels  that  the  hand  of  the  State  is  not  only  against  the  crime which  he has committed, but against him;  that all  she cares  for him  is  to make him grind  in her prison house, and  that he comes from his incarceration a worse instead of a better man? The experience of the past century, both in our State and in other States—for our State has done as well, and perhaps better, than many others—teaches, I think, very plainly and forcibly that our system of prison discipline demands  a  radical  revision;  that  the  jail  should not be  a place of  imprisonment  for debt or minor  offences,  that that  class of offenders  should be  sent  to  a work-house  to be  established  in  connection with  the Reform School, in  which  the  school  and  reform  element  should  have  a  prominent  place,  that  the  jail  should  be  owned  and controlled  by  the  State,  and  should  not  be  used  for  the  detention  of  persons  charged with  all  classes  of  crimes, but to one should be assigned those charged with one class of crimes, and to another those charged with another class of crimes, each having for inmates persons of the same degree of criminality, as nearly as practicable, that each  should  be  furnished with  a well  selected  library  and  some  current  literature,  and  in  each  should  be  kept  a school,  not  of  idleness  and  vice,  but  of  learning  and  virtue  Perhaps  there  should  be  provision  by  which  those awaiting trial, who should request it, could labor in the work house and receive a portion of then earnings. The  prisoners  should  be  divided  into  classes  according  to  the  character which  they manifest  while  under  a course of discipline A part of each day should be devoted by the keepers to instructing the prisoners in learning and in virtue, and the rest to labor, not for contractors, but for the State In short, the State should put forth most active and  earnest  endeavors,  from  the arrest of  the accused  to  the  imprisonment of  the convict,  to  reclaim him from  a  life  of  crime  to  a  life  of  virtue  and  the  State  Prison  should  no  longer  be  an  institution  “for  the reformation,  as well  as  the  punishment,  of’  all  offenders, with  the  reformation  all  left  out.    It may  be  objected that  to  effect  such  a  change  will  cost  money  Shall  we  stop  to  balance  a  few  thousand  paltry  dollars  in determining  whether  we  will  rescue  a  man  from  crime  and  lead  him  on  to  a  virtuous  life,  or  hold  him irrevocably in the chains of vice? I earnestly recommend a thorough revision of our system of prison discipline in the direction indicated and I commend to your careful consideration the reports of the Directors and Superintendent of the State Prison. STATE REFORM SCHOOL. It is a pleasure to turn from the Prison to the consideration of this topic. Although not personally acquainted with  its operation and working, from all sources I hear  it commended as a reformatory  institution. The credit of its  success  is  due  to  the  wise  and  considerate  action  of  former  Legislatures,  together  with  the  faithful  and efficient management of the officers of the institution. You need not be urged to aid by all needed legislation in perfecting and developing the great work so auspiciously entered upon. The Reports of  the Trustees and  the Superintendent  fully  inform us as  to  the condition of  the  Institution,  its wants  and  requirements.  I  would  recommend  the  making  of  all  appropriations  necessary  to  carry  out  any judicious  plans  which  they  may  have  suggested.  I  venture  to  suggest  whether  it  would  not  be  wise  in  all alterations and enlargements  to have  in view  the furnishing facilities for dividing  the  inmates  into classes, so as to be able to classify them according to the degree of discipline or correctional treatment required. LEGISLATION. It  is  doubtless  true  that  we  legislate  too  much.  This  naturally  results  from  our  system  of  enacting  laws. Legislators serve  their brief day, and  then others fill  their places. On many subjects of  legislation men entertain widely differing views, but each is confident that his views are correct. Hence the frequent change of this or that provision  of  the  statute.  It  rarely  happens  that  the  revision  of  an  entire  subject  is  attempted  but  a  single provision,  here  and  there,  is  changed  to  meet  the  varying  views  of  different  legislators,  which  results  in  an inharmonious whole. I  think  that  a  legislator  should  be  fully  persuaded  of  the  absolute  necessity  for  a  change  of  the  statute  law before  he  should  vote  for  its  alteration  or  amendment;  and  then  only  for  such  alteration  or  amendment  as  will clearly remedy  the evil. Hasty  legislation  is always dangerous. The original constitution had a special provision against it. It not only gave the Governor and Council the right to propose amendments to laws which had passed the  Assembly,  but,  if  the  amendments  were  not  concurred  in,  they  had  the  right  to  suspend  the  passage  of  the bill until  the next  session of  the Legislature. This was  a wise provision,  and  its  spirit ought  to guide  legislation under our present system. The  sessions  are  too  short  to  originate,  mature  and  perfect  legislation  touching  large  and  varied  interests. Such legislation must usually contain many provisions, and be more or less intricate. There is not time amid the rush of the business of the session to prepare and nicely adjust the different provisions necessary to render such law applicable and  just  to all  the  interests  likely  to be  affected. Usually,  too,  the men elected  to  the Legislature are,  as  they  ought  to  be,  taken  from  the  busy  callings  of  life,  who  have  had  no  time  to  mature  any  perfected system  of  legislation,  which  would  be  applicable  to  and  affect many  interests.  Properly  to mature  and  prepare such  legislation  is  a work  of  time  and  study,  and  often  requires  the  collection  of  facts  and  statistics. Eminently of  this  character  are  the  laws  for  the  assessment:  of  taxes,  and  for  the  punishment  and  prevention  of  crimes,  a revision  of  which  I  have  recommended.  For  such  revision,  and  for  the  revision  of  the  laws  on  any  important subject,  I  would  recommend  that  commissioners  be  appointed,  under  proper  limitations  and  restrictions  to inquire  into  and  carefully  consider  the whole  subject,  to  prepare  such  legislation  as  they may  judge  necessary, and  to  report  the  same,  with  their  reasons  therefor,  to  the  next  Legislature.  I  think  this  method  not  only  a safeguard against hasty and crude legislation, but withal economical.  It will furnish business ready-prepared for the  consideration  of  the  Legislature  immediately  upon  its  organization, without  spending  the  first  two  or  three weeks, as has been too frequently the case, in making preparation to commence the work of the session. The  completion  of  the  hundredth  year  since  the  independence  of  the  State,  since  the  adoption  of  the Constitution,  and  since  the  battle  of  Bennington,  mark  the  coming  year  emphatically  as  our  centennial  year. These memorable events  in a  large measure determined  the character of our political existence,  territorially and nationally.  The  remembrance  of  them,  and  of  the  principal  actors  in  them,  should  be  sacredly  cherished  and perpetuated. Is it not eminently fitting and proper that they be recognized by some suitable observance? I  shall  take  no  time  to  consider  national  affairs.    If  each  State  will  wisely  and  honestly  conduct  its  own affairs  so  as  to  insure  to  itself  and  to  the  nation  intelligent,  virtuous  and  enterprising  citizens  and  public servants, national affairs cannot well go amiss.  Allow me,  in  closing  this  already  too  lengthy  communication,  to  express  the hope  that our mutual  relations may be most friendly, frank and cordial, and our mutual work honestly, faithfully and speedily accomplished.  } HORACE FAIRBANKS. EXECUTIVE CHAMBER,       Montpelier, October 5, 1876