The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-11-08
ADDRESS OF THE COUNCIL
OF CENSORS.


To the Freemen of the State of Vermont:
The Council of Censors, chosen on tn
last Wednesday of March, 1s4I, pursuan
to the forty third section of the constitution
of the state, about to close their Official Ia
bors, present to the public the result of thei
deliberations in relation to the various sub
jects 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
stitution has been preserved inviolatc, il
every part, during the last septenary
whether the legislative and executive bran
ches have performed their duty as guardian:
of the people, or assumed to themselves oil
exercised other or greater powers than they
are entitled to by the constitution whether
the public taxes have been justly laid anC
collected in all parts of the state in whaI
manner the public money has been disposed
of, and whether the laws have been duly
to propose alteration and amendments Of
the constitution, and to call a convention
to consider such alterations & amendments
as the Council NAV deem it expedient to
propose.
We have examined the various laws up
on the statute book, and believe that, with
few exceptions, they have been enacted with
a due regard to the provisions and llmita'
lions contained in the constitution. Duty,
however, constrained us to call the attention
Of the legislature to that portion of the mi.
litia law which related to the government
of the militia when not in actual service,
and 10 pronounce that part of It, which ELL
powered the officers of militia to impose
and enforce the collection Of fines and PEN
altis by law-martial, and without the right
of trial by jury, to be in contravention oil
the seventeenth section of the first chapter
of the constitution. That section declares
that "no person in this state car, in any
case, be subjected to law-martlal, or to any
penalties or pains by virtue Of that law, ex-
cept those employee in the army and the
militia in actual service" Believing thai
the law, authorizing the imposition of fines
by courts.martial for military neglect AND
offences, AT ordinary militia trainings, va:
directly in violation of the above reclted
article of the constitution, W. respectfully
recommend TO the legislature its repeal oil
modification, and W. are gratified to find
that the last legislature has so far amended
this law as to repeal the Objectionable parts
and to give the accused a 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 department of legislation. and the pur
pose of each branch in its action, as a law.
making power, we are struck with the i'm.
propriety presented by the relative periods
for which the delegates to the several bran
ches are respectively appointed. With
the present mode of election and Limitation
oftheir services, it Is but little better than
giving the whole legislative power to a sin
Gle body of men. They are all elected by
the people at the same time. and for the
same period. They go INTO office on the
same day, and their public services terml'
nate at the end of the year. As the MEM
bers of the House of Representatives come
from every Town in the state, and are cleo
ted for one session only, it cannot, from the
yery nature of the case, be otherwise than
that there should be, in many of them, a
want of experience in legislation. In so
numerous a body there will always be a
liability to high excitement, and, as a con
sequence, to inconsiderate legislation. And,
whenever an improper excitement, of a Po'
litical cast, arises or exists amongst the peo-
nile. If will be communicated to, and carried
out by, tie Legislators in their official trans
actions.
The object of a Senate is to establish a
more experienced, de~liberative, anG indie
pendent BODY than the House. Such a
bodv. in the process of law making. expe-
rience 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 a less numerous body,
and dependent, in some measure, for a re-
election, upon the representatives OF then
respective counties, who may be presumed
to exercise an influence over their elections,
it is believed that they cannot possess the
independence requisite to a proper revision
of the proceedings of the House OF Repre-
sentatives.
In order to secure this important object,
the Council Of Censors have recommended
an amendment of the constitution by CIV
inc 10 the senators an official term OF three
wears. and so classifying them as 10 have
one third 90 out of office at the expiration
of each wear. We consider this the more
necessary, inasmuch as the executive de-
nartment has no other power over the enact
ments of law, in his duty of revision, than
70 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 a vote of a
majority. only, of each house.
The Senate ought to possess a degree oil