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


As this il a subject fixed by the constitutional
cannot, like the organization of courts, come un-
der the control of legislative onnctment, 1t neces-
snrily devolves upon us TO recommend such an
improvement. On the best reflection we can give
the subject connected with Tie present improve
menis OF the age, we cannot do our duty to the
state without at this tiue recommending a" a
mendmunt of the constitution so us to give to the
Judges an Office to he held by them seven years
from the date OF their respective elections This
proposition has been brought into favor with the
Council by considerations, some ct which they
will mention.
III no state in the union with the exception Of
Vermont aud Rhode lslnnd, are the judges Of the
highest court elected annually.
The appointment being made hy the joint ballot
ofihe two houses of our legislature, II becomes
highly necessary to place the supreme Judges be-
You'd the encronchments Of that body. We can.
not expect an impartial and secure administration
OF the laws, without comforting upon the Judges
an Independence which can never he realized un-
derappointlnens annually made 10y Tie Il gISl lure
The judicial power lhuuld he separated so far
from the legislative and executive, as that neither
should exercise the duties upperuining TO the 9TH
or. Each should he independent OF the other.
Neither should eucroaCh upon the other; and us
the judicial is n weaker body it should, in the eX-
crcse of its functions, be rendered as independent
Of the other us circumstances viii admit.
1t is an attribute of the supreme ludicln irilai-
nails to Judge Of The constitutiOnany OF all laws
passed 10y the legislature, when properly brought
in review before them. They are always TO re-
gard the constitution the fundamental law OF
the land, und superior TO any lie islaive enact.
men Consequently, if the law is not warranted
by or is repuguant to, the provisions OF The con-
sttuon, as is sometimes tie case, the Judges ARE
bound to pronounce it imperative and void Can it
he expected that Judges, dependent every year up
on the legislature for their appointments will pos
sess the necessary firmness Judge over the heads
OF that body, and declare their enaclnens void!
The observation of every one, vino has attended
to this subject proves hut the contrary effect Is the
result
This Council then, are fully of The opinion that,
to secure talent, experience, fidelity aud indepen
dence, the tenure OF the office OF the judges should
be enlarged.
Yet, tuay happen that the Judge may prove
himself to he incompetent, or OF temperament
unsuitable for SO high trust aud still not subject
himself to impeuchment,-u mode of trial eX-
ireinely delicate and one which would be resort
ed TO with great reluctance. The Council have,
therefore, recommended the principle Of removal
by resolution, on vote Of two lhlids of each OF
the houses Of the Legislature 1t is believed that
this will give sufficient power over that Judge
who proves TO the people, 10y his official conduct,
that lie is unworthy of their confidence.
The subject OF ulterng the time for holding
ireemen'S meeting, and the sessions Of the Legisa-
ture has been brought to our notice 10y the urgent
solicitations of individuals from various parts Of
the state. The time for holding froemens meet
ing is alleged to he too curly in the season, cspc-
cially for the accommodation Of the farmer, as 1t
most generally arrives before he has completed his
harvest, and The eary day of election not unire
quenlly prevents full attendance OF the ireemen
AT the polls.
As remedy for these Inconvenience, we have
seen fiji to propose TO the people, tor their consid-
Grafton, the second Tuesday OF October Tor the
holding of fIeemen's meeting, and the first Thurs
dizzy OF January following for the converting of
the Legislature, giving 10 that body the power to
appoint, by law, different day, FOR the meeting OF
tie Legislature, II deemed advisable. Whether
this is called for, is question Tor your consldera.
ton and decision.
The manner Of appointment of the officers of
the county has been urged upon the Council from
various parts of the state. Strong objections are
made to The present mode OF eectlng these local
officers by the Leg stature. The candidates can
not he supposed to be personally known 10 but lew
OF that body Consequently, imposition and IN
trlgne have TOO frequently hal more to do tlal
merit in the appointment Of these officers The
Council therefore, have thought 1t advisable TO
give these appointments directly TO the people,
who will be best acquainted viii the quaIlilca-
tons OF those who are 10 serve them, and VIII he
better enabled to select, and well inclined to APP
point, the best men 10 Office, as the body whose
duty it now is to make these appointments
As, in free government, all appointments to
Office, well all laws, proceed directly or ndl-
rertly from the people, it cannot well be denied
that, as lar as is practicable, these powers should
be retained by them. The Council, therefore re-
commend that the election q, sheriff aud high ball
i'll be given to The ireeuen Of the county. These
ARE executive officers of the county, clothed, III
The execution of their duties, with the power to
control, not only the property but HE persons OF
! individuals. Their authority Is confined to and
pcrvades the county, aud their appointment ought,
therefore, not TO be taken from The people OF the
county.
! In regard to the appointment Of Justices of the
! peace, by the lrnenen OF their respective towns,
although The office is for the county, yet us their
services are mostly confined to the town IN which
! they reside and inaSiuach as, III the one case,
they will be personally known 10 every eecor, and
in the other Git elected hy the county, will be
! known to but few, it is the opinion the Council
that the whole public interest will be better sub
served by giving the appointment OF the justices OF
the peace to the reemcn of the town III which
they reside, than in any other way
We have, therefore, proposed an amendment of
| the constitution giving the appointment OF this Of
| ficer directly 10 the lreemen OF the town aud we
have kewise recommended that the number OF
justices, To be appointed for each town, he some
what in proportion to the number OF Inhabitants OF
each luwn--no one town being allowed more llIau
twelve.
Il We have proposed an amendment TO the tenth
section of the second chapter OF the constitution
altering the manner of mukiug returns of votes
given Tor Governor, Lieutenant Governor, and
Treasurer, authorizing The several presiding otli
GERS over the several ireemens meetings in this
stale to forward certificate OF the nGmber OF
votes given, without transmitting The ballots them
selves
Under the present mode, considerable incon-
venience has been experienced, while it is no
known that any benefit has been derived. The
certificate of the officer alone hns been all the ey
idence required by the canvnssng committee wheI
ascertanlng the number of votes cast Tor the re
specliye candidates
The subject of abolishng The Council of Cen
sors, aud giving The power To propose amendment
, of the constitution 10 one both branches OF tn
Legislature, has been presented 10 tie deliberate
r consideration of this Council. II has been urge,
r that it would be an important saving of expens
to the state, and that the other duties of the COun
ell, rs now prescribed, have, by the progress o