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The Value Of A Comma

The Value Of A Comma image
Parent Issue
Day
4
Month
December
Year
1874
Copyright
Public Domain
OCR Text

The constitxtion of the State of Vermunt, as printed in the general atatutes and other official publicatious for over 80 years, deolarea that " the Governor, and in his absence, the Lieutenant Governor," (in the original constitution it was the Governor and üouncil) "shall have power to grant pardons and reuiit unes, in all cases whatsoever, except in treaaon and murder, in which they shall have power to grant reprieves, but not to pardon until after the end of the next aeasion of the Asaerably." Thia seems to say, diatinotly, that the Governor shall uot have power to pardon traitors and niurdeis until after the end of the next session of AssemUy; and by iuiplication it it would seem to follow that he may pardon murders after a seasiou has iutervened. The question aa to what the constitution really means in this matter cauxe up in converaation between several gentlemen in the State Library at Moutelier tho other day. Mr. Abell, of West laven, was of the opinión that the contitution did not intend to give the powr of pardon to the Governor at any time n case of treaaon and uiurder, and he 'ound in a volume of Vermont recorts an opinión of Judge Williams to that effact. 'he point was speedily settled by the roduotion by the State Librarían of the irst printed copy of the ooustitution printed at Hartford Conn., in 1779) in whioh a coniiua plainly appears after the word " pardon,'' in the seutence quoted. This maltes all olear. The words " but not to pardon " are plainly parenthetical, md the meaning is as plain as if it read : ie shall have power to grant reprieves Dut not to pardon) until after the end of he next session ; or he shall have power o grant reprieves until after the end of he next session, but not lo pardon. When the oonstitution waa next printed, year or two later, the comina was omited, doubtless by a careless proof-reader, nd from thera till now our constitution las never been correctly printed. This is not the fírst case in which a arele6S omission or substitution of a comma has made an important difierence with he meaning and construotion of a law. The act of 1870, providing for the abolahing of school districts, as drawn, reuired each town in the State to take otion in the next March meeting on the queation, whether it would aubatitute the town syatem for the district system. The Legislature intendod that each town shall have the subject up in town meeting and take deflnite action upon it ; but a blundering, engrossing clerk put in a comma where none belonged, and the act, as pasaed, left it optional with the 8electmen to put an article in the warninga in referenoe to the school systeuis or not. And iu point of fnct, not a dozen towns in the State aoted on the question.

Article

Subjects
Old News
Michigan Argus