The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-11-08
VOL g. No, Is, Whole No. 975.


the Senator for three years will find greater obga
ton resting upon himselfto become acquainted with
the duties of his station than ifhe were appointed but
for single session, of four or five weeks As his
services and attanments will be known and apprecia
ted by his constituents, so will he be stimulated by
audable ambition to qualify himself for faithful and
honorable discharge of his important duties assign
ed him. Thus will the conservative power of the
Senate be made to operate upon the government, land
thus will that degree of stability in the laws be pre-
served, SO highly necessary in securing the liberty
and prosperity Of the people.
The Council have had in consideration the Judici-
al system Of the state. They have much to admire
in the organization Of this system. The plan of com
bnng the supreme with the county courts for the yi
al Of issues offact, so far to associate judge of
the supreme court with the judges of the county
court, has proved by experience to fulfil every pur-
pose which its most ardent advocates could have an
tcipatcd The great Improvements which the adop-
ton of this system has introduced in the admins
tration of justice must be apparent to all who will
compare it with the system by which it prece-
dcd. But this Council believe the time has arrived
when an additional advantage might be obtained by
giving to the judges ofthe supreme court greater
degree of independence. This should be done by en-
largng the tenure oftheir office.
As thisis subject fixed by the constitution, and
cannot, like the organization Of courts come under
the control oflcgislative enactment it necessarily de
wolves upon to recommend such improvement.
On the best reflection give the subject,
nected with the present Improvements of the age,we
cannot do duty to the state, wthout,a at this time,
recommending amendment Of the constitution
to give to the judges Office to be held by them
years from the date Of their respective elections
This proposition has been brought into favor with the
Council by considerations, some of which we will
mention.
In state in the union, with the exception of Yer
mont and Rhode Island, are the judges of the high
| est court elected annually
The appointments being made by the joint ballot
OF the houses Of your legislature it becomes high
ly necessary to place the supreme judges beyond the
encroachments Of that body. We cannot expect an
impartial and secure administration Of the laws with
out comforting upon the judges independence which
never be realized under appointments annually
made by the Legislature
The judicial power should be separated so Far from
the legislative and executive, that neither should
exercise the duties apperaining to the other. Each
should be independent Of the other. Neither should
encroach upon the other; and, the judicial is
weaker body, it should in the exercise of its functions
be rendered Independent Of the other as circum-
| stances will admit.
1t is attribute Of the supreme judicial tribunals
to Judge of the censtutonality Of all laws passed by
the legislature when properly brought in review be-
fore them. They always to regard the constitu-
ton the fundamental law OF the land, and superior
TO any legislative enactment. Consequently, if the
law is warranted by, repugnan to, the provis-
ions Of the constitution, is sometimes the case, the
judges bound to pronounce it imperative and
void. Can it be expected that judges, dependent ev-
cry year upon the legislature for their appointment
will possess the necessary frmness 10 Judge over tho
heads of that body, and declare their enactmens
void The observation Of every one who has atten-
ded to this subject, proves that the contrary effect is
the result.
This Council, then, fully of the opinion that to
secure talent, experience fidelity and independence,
the tenure Of the Office ofthe judges should be enarg-
ed
Yet, it may happen that the Judge may prove him
self incompetent, ola temperament unsuitable for
so high trust and still not subject him to impeach-
ment, "a mode oftral extremely delicate, and one
which should be resorted to with great reluctance
The Council, have therefore, recommended the pria
cple of removal by resolution, vote oftwo thirds
oil encn Oh lne nOuscS Oh IL is pc
lieved THAI this will give sufficient power that
Judge who proves to the people, by his official
Duct that he is unworthy ofthcir confidence.
The subject ofaltoring the time for holding free
mems meeting and the sessions Of the Legislature has
been brought notice by urgent solicitations of in
divduals from various parts of the state. The time
for holding reemen's meeting is alleged to be too
early in the season, especially for the accommodate
ton of tho farmer most generally arrives before
he has completed his harvest, and the early day Of
election unfrequeny prevents full attendance Of
the fremen at the polls.
AS remedy for these Inconvenience, we have
fit to propose TO the people, for their consdera
ton, the second Tuesday Of October for the holding
of freemens meeting, and the first Thursday of jan
uary following for the converting of the Legislature,
giving to that body the power to appoint, by law,
different day. FOR the meeting Of the Legislature, if