The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-11-08
AID EDEs ESS
BY THE COUNCIL OF CENsoRs,

their official labors, present to the public the result of
their deliberations in relation to the various subjects
which have occupied their attention during the past
year.
Among other things, it is made the duty of the
Council TO inquire whether the constitution has been
preserved inviolate, in every part, during the last
septenary; whether the legislative and executive
branches have performed their duty as guardians of
the people, assumed to themselves or exercised
other greater powers than they entitled 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 monies has been disposed of
and whether the laws have been duly executed; and
they are empowered, also, to propose alterations and
amendments Of the constitutions and to call convcn
ton TO consider such alterations and amendments as
the Council may deem it expedient to propose.
We have examined the various laws upon the
statute book and believe that. with few exceptions
they have been enacted with due regard to the pro-
visions and limitations contained in the constitution
Duty, however, constrained to 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 pronounce that part Of it, which
empowered the officers of militia to impose aud en-
force the collection of fines and penalties by law
ta and without the right Of trial by jury, to be
traventon ofthe seventeenth section Of the first chap
ter ofthe constitution That section declares that no
person in this state can, any case be subjected to
aw-martial, or 10 any penalties pains by virtue of
that law, except those employed in the army and the
militia in actual servico' Believing that the law
horzng the imposition Of fines by s-mnrtia for
military nogects and offences, at ordinary militia train
ngs directly in violation of the above recited
tice ofthe constitution, we respectfully recommend
ed to the legislature its repeal modification, and
grafed to find that the last legislature has so
far amended this law to repeal the Objectionable
parts, and to give the accused a trial before tho
binary civil tribunals
The Council have directed their earnest considera-
ton the of Office now given to the state SEN
ators On viewing the several departments oiegisa-
ton, and the purpose of each branch in its action
w-making power, we are struck with the impropri
city presented by the relative periods FOR which the del
egntcs to the several branches respectively ap
pointed With the present mode Of election and linn
itaon their services tits but little better than giving
the whole Legislative power to single body Of men.
They all elected by the people at the same time,
and for the SANE period They go into Office on the
day, and their public services terminate at the
end Of the year. AS the members of the House of
Representatives come from every town in the state,
and are elected for session only, it cannot from
the very nature of The case be otherwise than that
there should be, in many ofthem, want of expert
ence in legislation. In so numerous body there will
always be liability to high excitemens, and, as a
consequence, to inconsderate legislation. And
whenever an improper excitement, of political cast
arises exists amongst the people, it will be commu-
ncaed TO, and carried out by, the legislators in their
official transactions.
The object ola Senate is to establish expert
enced, deliberate, and independent body than the
House. Snch body, in the process of law making,
experience has shown to be absolutely necessary
But as Senators and members of the House are now
elected for the term of time, and the Senate
less numerous body, and dependent, in some
measure, for reelection, upon the representatives
of their respective counties, who may be presumed
TO exercise Influence their elections, il is be-
lieved that they cannot possess the independence re-
quise to proper revision Of the proceedings of the
House Of Representatives.
In order to secure this important object the Coun
Gil of Censors have recommended an amendment of
term of three years, and so classifying them to
have third go out of Office at the expiration Of
each year. We consider this the more necessary,
inasmuch as the executive department has no other
power over the cnactments Of law in his duty OF re-
vision than to them to the body in which they
originated with his objections, after which, notwh
standing these objections, they may become the law
of the land by vote Of majority, only, of each
house.
The Senate ought to possess degree of pcrmn-
nency and stability of office, in order to prevent the
necessity of the intervention of the executive veto,
power always viewed by the people with jealousy,
and its exercise generally with marked Interpretations
By giving to the Senators term ofthree years, you
place them beyond the influence of the sudden ex-
elements of the day, and yet leave them sufficiently
responsible to their constituents. 1t is believed that
in selecting candidates for that office for the term of
three years, more will be taken to secure men
worthy Of the trust than when the selection is made
to Gil the Office but for the term of one year.