Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1837-11-13

| that Gov. Jenison has assumed no power not
delegated 10 him by the Constitution. Imme-
dstely after the report Of the ounvassing com
mittce was made to the Legislature, joint as
sembly was raised and an election Of treasurer
was made, pursuant 10 TIC following article of
tho Constitution
"Sec. II. The votes for Governor, Lieut.
Governor, and Treasurer Of the State, shall be
sorted and counted, and the result declared,
by Il committee appointed by the Senate and
the House Of Representatives. II, atany time,
there shall be no election by the ireemen, of
Governor, Lieut.. Governor, and Treasurer Of
the State, the Senate and House Of Represcn-
tatiyes shall, by joint ballot, elect TO fill the
office, not filled by The ireemcn as aforesaid,
one Of the three candidates for such Office, Ut
there be 70 many for whom the greatest num-
Der Of votes shall have been returned"
Mr. Williams, the treasurer elect, refused 10
accept the office, Of which fact, Gov. Jeni'on
spprizcd both branches Of the Legislature
The House appointed time for a joint as
svmbly ia. fill the vacancy but the Senate, Of
ter a full discussion, decided that the refusal OF
Mr. Williams TO accept the Office Of treasurer,
created vacancy; which it was proper for
the Governor TO fill, and nonconcurred with the
House in the resolution. The Governor was
even then in no haste to exercise the power
which the Senate had declared to be his He
took time for consultation with several (and
perhaps ally the Judges of Supreme Court
The period had elapsed in which the Senate
could, if it chose, reconsider the question
the Legislature had made no provision for an
eection-theie was no treasurer. there was
paeancJ, in the fullest senso of the word
What, then, could and ought the Governor
dol The 18th section of the Cd chapter of The
constitution fully declares what he could and
ought 10 do, as follows:
"The Governor, and in his absence tho Lieu
tenunt Governor, shall have power 10 commits.
sion all officers, and also to appoint officers,
except where provision is or shall be otherwise
made by law, or this frame OF Government
and shall supply every racancy in any Office,
occasioned by death, or otherioise, until the of
flee can be filled in the manner directed by law
or this constitution"
All pOiiSSt anu nNlISt Will lUI5
article, Gov. Jenison, on the 26th of Oct. filled
the vacancy, and announced the fact TO both
Houses-(wll the Burlington Sentinel notice
this fact and do the Gov. justice PIN the
following message, directed to the president
of the Senate and to the speaker Of The house:
Executive Chamber, Oct 90, 1887.
SIR-I take this opportunity TO inform the
Senate that | have appointed Allen Wardner,
Esq. Of Windsor, Treasurer Of the State, TO
supply The vacancy in that office, until the
same can he filled in the manner directed by
law or the constitution OF the State.
With great respect,
Your ob't servant
SHJ ENISON.
From this statement Of facts, which is veri-
fed by the journals Of both Houses, it aill DO
seen that Gov. Jenison has assumed no un.
constitutional power--that every step Of his
course has been marked, not only by a strict
regard TO the constitution, but by extreme pru.
dence and deliberation. Whatever may be
the opinion OF the people as 10 the proPriely Of
the course Of tho Senate, the decision Of oil
candid men must be that the Governor has
done that which was not only permitted, but
absolutely required by the constitution. We
doubt not he preferred tho legislature would
I'LL the vacancy; he certainly invited them
TO do it in the first instance, and even when
he filled the vacancy, left The matter open TO
the Legislature. That the House considered
the matter open is proved by the fact that, af-
ter the appointment Of Mr. Wardner, it adopt
cd resolution for a joint assembly 10 make
another election. On one account we regret
the decision Of the Senate that is this--the
Van Buren, gentlemen could and would have
been whipped as Handsomely on second trial
Tor treasurer as on the first. We rather see
their presses whining because they ioere whip
ped, than TO see them cut the ridiculous figure
they now do-whning because they were not
whipped.
Loper Canada. " ere we to believe one
half Of The stories Of madam rumor, we should
say that the great crisis. 80 long expected, had
already arrived; nay, moro, that the war Of