Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-10-14
Address.


third section of the constitution Of the safe, about
to coseIheir Official lahors, present to the public
the result of their deliberations IN relation to the
various subjects which have cu,,ied their utten
ton during The pas, year.
Among other things, ii is nude The duty OF the |
Council to inquire whether the constitution has |
been preserved invioate, in every part, during the
lat septenary; whether the legislative aad eXecu
tive branches have performed their duty as guardi
ans of the people. or assumed to themselves eX-
erclsed other or greater powers than they are en- |
titled to by the constitution; whether the public
taxes have been Justly laid and collected in all
parts Of the state in what manner the public mon !
ey has been disposed of and whether the laws |
have been duly executed; and they arc empow |
cred, also, to propose alterations and amendments
of The constitution, and to call II convention to con
slider such alterations and amendments the |
Council may deem it eXpedient to propose.
We have examined the vaous laws upon the |
statute book, and believe that, with few exceptions,
they have been enacted with due regard to The |
provisions and limitations contained in the consti-
tuition. Duly, however, constrained us 10 call the |
attention Of the legislature to that portion Of the
militia law which related TO the government OF the
militia when not in actual service, and to pro- |
nounce that part OF it, which empowered the OIL !
GERS of militia to impose aud enforce the collection
OF fines ana penalties by law-martlal, and without
the right OF trial by jury, be in contravenlon of
the seventeenth section Of the first chapter of the
constitution. That section declares that "no per-
son in this state cam IN any case, he sub ected to
law martial, or 10 any penalties or pains by virtue
of that law, except those employed in the army
and the m lila in actual service Believing that
the law, authorizing the imposition of fines 10y
courts martial for military neglec;S and offences, AT
ordinary militia trainings, was directly in violation
Of the above recited artlce Of the constitution, we
respectfully recommended to the Legislature its
repeal or modification, and we grallied 30 End
that the last legislature has lar amended this
law to repeal the Objectionable parts, aud to give
the accused trial before the ordinary civil trbu
nails.
The Council have directed their earnest consid-
! Grafton TO tie tenure Of office now given the
| state senators. On viewing the several depart
menis of egisation, aud the purpose each branch
| in its action, us II laW-inakng power, we nre struck
with the Improperly presented by the relative pc
RODS TO: which the delegates to the several bran
chcs are respectively appointed. With the pres
| ent mode of elec'lo and Limitation OF their seivi-
ces il but little better than giving the whole leg
isative power 10 n single body OF men. They are
all elected 10y the people at the same time, and for
the same period. They go into office on The same
day, and their public services terminate at the end
OF the year. AS the members OF the House of Rep
rescntalives come from every town in the stale,
and are elected for one session only, il cannot,
1 from the very nature of the case, be Otherwise
than that there should he, in many them, want
of experience in Legislation. In numerous
body there will always be a liability to high eX
! legislation. And, whenever an improper excite
ment, of political cast, arises or exists amongst
the people, it will be communicated to- aud chr
red out by, the Legislators in their official traIIsac
! tons
The object Of Senate is to establish more ex-
! pereuced, deiberatlvc, and independent body than
the House. Such Il body, in the process OF law
making, experience has shown TO he absolutely
necessary. But, as Senators and members of the
House now elected for the same term of lime
aud as the Senate are less numerous body, and
dependent, in some measure, for reelection, up
Oh the representatives of their respective countless
i who may be presumed exercise an influence
over their elections, is believed that they cannot
possess the independence requisite 10 II proper
vision Of the proceedings oil the House of Repre-
seatalives.
In order to secure this important object, the
Council Of CensOrs have recommended an amend
ment OF the constitutions by giving to the Senators
official term OF three years. and so classll ing
them us to have one third 20 out of office at the
RI expiration Of each year. We consider this the
o more necessary, nasmuch us the executive de-
parmenl has no other power over the euacIments
Of law, in his duty of revision, than TO return them
+ TO the body in which they originated, with his OBJ
l. Jectlons, after which, notwithstanding these ohec-
lions, they may become the law of the land by u
vote OF II majority, only, of each house.
i The Sbnate ought 10 possess degree OF perma-
G nency aud stab lily of Office, in order 10 prevent
the necessity OF the Intervention OF the executive
veto, power always viewed by the people with
jealousy, and its exercise generally marked with
Misrepresentation. BY giving To the Senators n term
Of three years, you place them beyond the inilu
ence oithe sudden eXclementS OF the day, aud ye
leave them sufficiently responsible 10 helr constl-
n uenls, ii is believed that, in selecting candidates
d for that Office Tor the term OF three years, more
l. care will be taken TO secure men worthy OF The
trust, than when the selection is made 10 I'LL The OF
a flee but for the term OF one year.
1iuis 4 aintn aclu f.,
N which portion only will go out each year, ther,
o will remain majority of old members, 10y whose
N experience the new ones will be greatly benefited
and the whole together will form saulary checl
II upon the more numerous branch of the legs AZURE
J. Besides, The Senator for three years will find
is greater obligation resting upon himself to become
Is acquainted wih the duties Of his station, than
in he were appointed but for single session, OF fou
le or Eve weeks As his services and attainment
ID will be known and appreciated by his constituents
y SO viii he be stimulated by nudabe ambition Il
al qualify himself for faithful and honorable dis
I'd charge OF the important duties assigned him
Isl Thus will the conservative power OF The Senal
er be made TO operate upon the government an,
We thus will that degree OF stability in the laws be pre-
Dr. served, so highly necessary IN securing the llbo
ne and prosperity of the people.
'ld The Council have also had in consideration In
les judicial system ofihe state. They have much {
N admire IN the organization OF this system. Til
Dr. plan oil combining the supreme with the count
courts LOT me trial OF issues OF fact far as 10
is sociae a judge of tho supreme court with III
CT judges OF me county court, has proved by expert
all encc 10 fulfil every purpose which its most arier
to advocates could have anticipated. The great i'm
to provements which the adoption OF this syslef
cir has introduced in the administration of iustic
". must be apparent TO all who will compute il wit
Ter the system by which it was preceded But hi
ed Council believe that The time has arrived when
he additional advantage might be Obtained by givin
oil 10 the judges of The supreme court greater d,