Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1842-10-28

marked with misrepresentation by
T;ving TO the Senators term OF three years,
vou Mace them beyond the influence of the
sudden excitements Of the day, and yet leave
Them sufficiently responsible to their constlt-
ueuts fl is believed that III selecting can
didates for that Office for the term of three
wears. more care will be taken to secure
men worthy of the trust, than when the Sc
lection is made TO fill the office but for the
term of one year.
Nv division of the Senate into three
classes. by which portion only will go out
each wear, there will remain majority OF
old members, by whose experience the new
ones will be greatly benefited, aud the whole
together will form a salutary check upon
the more numerous branch Of the Legislature.
Besides, tho Senator for three years will
find greater obligation resting upon HIM
self to become acquainted with the duties OF
his station, than if he were appointed but
for a single session, of four or five weeks
As his services aud altalnments will be
known and appreciated by his constituents,
so will be be stimulated by a landiblc ambi-
ton to qualify himself for faithful and hon
orable discharge of the important duties as
signed him. Thus will the conservative
power of the Senate be made TO operate up
on the government, aud thus will that degree
Of stability in the laws be preserved, SO high
" necessary in securing the liberty and pros
perity of the people.
The Council have also had in considera-
ton the Judicial system of the state. They
have much to admire in the organization of
the system The plan of combining the SUI
premc with the county courts for the trial
of issues of fact, so far as to associate a
Judge of the supreme court with the Judges
of the county court, has proved by expert
ence to fulfil every purpose which its most
ardent advocates could have anticipated
The great improvements which the adoption
of this eyston has introduced in the admins
tration ofiustice must be apparent to all who
will compare it with the system by which it
was preceded But this Council believe that
the time has arrived when an additional adj
vantage might be obtained by giving to the
Judges of the supreme court a greater de-
gree of independence. This should be
done by enlarging the tenure of their Of
! fee.
As this is a subject fixed by the constitu-
ton, and cannot, like the organization of
I courts, come uuder the control of legislative
enactment, it necessarily devolves upon us
to recommend such an improvement. On
the hes, reflection we can give the subject,
connected with the present Improvements OF
the age, we cannot do our duty TO the state,
without, at this time, recommending an IL
mendmcnt of the constitution so as 10 give
TO the judges an Office TO be held by then,
seven years from the date of their respective
election. This proposition has been brought
into favor with the Council by considerations
some Of which they will mention
In no state in the union, with the eScep-
ton of Vermont and Rhode Isl.apda ne ,the
The appointment being made BY the joint
ballot of the two houses of our legislature, il
becomes highly necessary 10 place the SUI
preme judges beyond the encroachments OF
that body We cannot expect an impartial
and secure administration of the laws, with
out comforting upon the judges an indepen-
dence which can never be realized under ap-
Pointments annually made by the legislature.
The Judicial power should be separated
so far from the legislative and executive. as
that neither should exercise the duties apper-
tanning TO the other. Each should be indie
pendent of the other. Neither should en-
croach upon the other and as the judicial
is weaker body, it should, in the exercise
OF It's functions, be rendered as imdependent
OF the other as circumstances will admit.
Ii is an attribute of the supreme mdcial
tribunals to Judge of the consttu,on;ity of
all laws passed by the legislature. when
properly brought in review before them
I Ebnv mr. ol,vau, IN a.
as the fundamental law Of the land and SUI
perlor to any legislative enactment. Con-
sequently, if the law is not warranted, by. or
+ is repugnant to, the provisions of the con-
, stltution, as is sometimes tho case, the iudp-
es are bound to pronounce it imperative and
void Can it be expected that Judges, de-
pendent every year upon the legislature for
their appointment, will possess the necessa-
ry firmness TO Judge over the heads of that
body, and declare their enactmcnts roid .
The observation of every one, who has at
tended to this subject, proves that the con-
trary effect is the result,
This Council, then, are fully of the opin-
ION that, to secure talent, experience, fideIi-
ty and independence the tenure of the office
OF the judges should be enlarged.
Yet, it may happen that the Judge NAV
prove himself to be incompetent, or of a
temperament unsuitable for so high trust
aud still not subject himself to impeachment.
IA mode of trial extremely delicate, and
one which would be resored to with great
reluctance. The Council have, therefore,
recommended the principle of removal by
resolution, on vote of two thirds of each
OF the houses of The Legislature 1t is be-
lleVed that this will give sufficient power
over that Judge who proves to the people,
by his official conduct, that he is unworthy
of their confidence.