Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1842-10-28
ADRsg ESS.
BY THE COUNCIL OF CENsORs.

BY TIE COUNCIL OF CENSORS.
To the Frecmm o the state Of VTmcnt;
The Council of Censors, chosen on the
last Wednesday of March, ISL, pursuant
to the forty third section of the constitution ,
of the state, about to close their official la
bors, present to the public the result of their
deliberations in relation to the various sub
iects which have occupied their attention
during the past year.
Among other things it is made the duty
of the Council to inquire whether the con-
sttuton has been preserved involate, IN ev-
cry part, during the last scptenary; wheth- |
err the Legislative and executive branches
have performed their duty as guardians of
the people, or assumed to themselves or eX-
ercised other or greater powers than they
are 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 money has been disposed
of, and whether the laws have been duly ex-
ecuted and they are empowered, also, to
propose alterations and amendments of the
constitution, and to call a convention to
consider such alterations and amendments
as the Council may deem it expedient to pro-
pose.
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 provisions and limitations
contained in the constitution. Duty how
ever, constrained us 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 and enforce
the collection of fines aud penalties by law
martial, and without the right of trial by
inry, to be in contraventlon of the seveteenth
section oft the first chapter Of the constitution.
That section declares that mo person in this
, state can, in any case, be subjected to law
martial, or to any penalties or pains by virtue
, of that law, except those employed in the
!. army and the militia in actual service Be-
/ siiion or niie5 h6y courts-nartlal for military
neglects and offences, at ordinary militia
t trainings, was directly in violation of the
f above recited article of the constitution. we
; respectfully recommended to the legislature
ITS repeal or modification, and we are graft
| fled to find that the last legislature has so
far amended this law as to repeal the oblec-
tlonablc parts, and 10 give the accused trial
before the ordinary civil tribunals.
The Council have directed their earnest
consideration to the tenure of office now
given to the state senators. On viewing the
several departments of legislation, and the
purpose of each branch in its action rs n
law-maklng power, we are struck with the
! improperly presented by the relative periods
for which the delegates to the several branch
es are respectively appointed. With the
present mode OF election 81 limitation of their
services, 1t is but little better than giving the
whole legislative power to single body of
men. They are all elected by the people at
the same time, aud 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
Representatives come from every town in the
state, and are elected for one session only
1t cannot, from the very nature of the case,
be otherwise, than that there should be. i'm
many OF them, want of experience in leeis-
latlon. In so numerous a body there will al
ways be liability TO high excitements, and,
as consequence, to inconsiderate legisla-
ton. And, whenever an improper excite
ment, of political cast arises or exists a.
mongst the people, it will be communicated
to, and carried ont by, the legislators in their
official transactions.
The object of Senate is to establish
more experienced deiberatve, and indie
pendent body than the House. Such
body, in the process of aw-making, expert
ence has shown to be absolutely necessary
But, as Senators and members of the House
are now elected for the same term of time
and as the Senate are less numerous body
aud dependent, in some measure, for re-
election, upon the representatives of their
respective counties, who may be presumed
to exercise an influence over their elections
1t is believed that they cannot possess the in
dependence requisite to a proper revision of
the proceedings of the House of Representa-
tives.
In order to secure this important object
/ the Council of Censors have recommended
/ an amendment of the constitution. by ciyino
to the Senators an official term orthree wears
and so classifying them as to have one third
go out OF Office at the expiration of each
year we consider this the more necessa-
! ny, inasmuch as the executive department has
M other power over the enactments of law.
III his duty OF revision, than to return them
to the body in which they originated, with
his objections, after which, Notwithstanding
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
pernanency and stability of Office, in order
to prevent The necessity of the Intervention