Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1842-11-11
WHB PRRSS
A ID ID IL Il s 8
BY THE COUNCIL OF CENsoRs.
The Erec,usa oT Me STAT. of Cermo,f.

The council Of Censors chosen on the as,
wednesday Of March, 1911, pursuant to the forty
ird section Of the constitution Of the state about to
close their official labors present to the public the
result OF their deliberations in relation to the various
subjects which have occupied their attention during
the past year.
Among other things, it is made the duty of the
Council to enquire whether the constitution has been
preserved invlolate in every part, during the last
septenary; whether the legislative and executive
branches have performed their duty as guardians Of
the people, or assumed TO themselves or exercised
other or greater powers than they entitled to by
the constitution; whether the public taxes have been
Justly laid aud collected in all parts of the sate in
what manner tho public monies have been dispesed
Of, and whether The laws have been duly executed |;
ana they are empowered also, TO propose alterations
and amendments Of the constitution, and 10 call
convention to consider such alterations and amend
inonts as the Council may deem expediont to pro-
pose
we have examined the various laws upon the stat
ute book, and believe that with few exceptions they
have been enacted with due regard 10 the provis-
ions anu limitations contained in the constitution.
Duty, however, constrained us to call tho attention
of the legislature to that portion of the militia law
which related 10 the government Of the militia when
rot in actual service, and TO pronounce the part Of it,
which empowered the officers OF militia to impose
and enforce the collection Of fines and penalties by
law MARTIAL and without the night Of trial by Jury, to
10 be IN conraventon of the seventeenth section of
the fret chapter Of the constitution. That section
declare that no person in this state cam in any case
be subjected 10 lawmaral, or TO any penalties or
pnins by virtue of that law except those employed in
the army and the militia in actual service believing
that the law authorizing the imposition Of fines by
courts martial for military ncnlects and Offences.
Ordinary militia trainings, was directly in violation Of
the above recited article of the constitution, res
pectfuy recommended to the legislature its repeal or
modification, and we aregraticd to find tia, the last
Legislature has SO far amended this law TO repeal
the Objectionable parts and 10 give theaccused trial
before the ordinary civil tribunals.
The Council have directed their earnest conslera-
the of p(1iNn oyc IN tl,r a,s IA
senators. On viewing the several departments OF legs.
aon, and tho purpose of each branch itsaction,
aw-making power we are struck with the mpro-
prety presented by the relative periods for which the
deesa'es to the several branches are respectively
appointed. With the present mode Of election and
Limitation of their services it lie but little better than
giving the whole legislative power to single ody of
mon. They all elected by the people at the Same
time, and for the same period. They 60 into Office
on tho same day and their pn5c services terminate
Of 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 onv it cannot
from the very nature of the case be otherwise than
that there should be- in MANY Of ,hom, q want of ex-
rerlence IN legislation. In SO numerous body there
will always bea liability 10 hiah excitements md
consequence, TO lnconsleratc legislation And
whenever an improper excitement, OF political cast
arises or exists amongst the people, i, will he commu-
ncatod TO, and carried out BY the legislators in thel
official transactions.
The object Of Seaatois to establish more expe-
House. Such body, in the process of law-makng
experience has shown to be absolutely necessary
But as "enators and members of the House are now
elected for the same term of time and as the Senate
are less numerous body and dependent, in some
meas re- for reelection, upon the representatives of
Their respective counties, who may be presumed TO
exercise an influence over their elections il is believed
that they cannot possess the inde7endence requisite
10 proper revision of the proceedings Of the House
OF Representatives.
In order TO secure this important object, the Coun-
Gil Of Censors have recommended an amendment OF
the constitution, by giving TO the Senators official
term OF three years, and so classifying them as TO
have one third go out oil Office al the expiration of
each year. We consider this the more necessary,
inasmuch as The executive department has no other
power over the enactmenls of law, in his duty Of re-
VISION than to return them 10 the body in which they
originated with his objections after which, notwith-
standing these objections, they may become the law
Of the land by vote Of q majority. only, Of each
house.
ncncy and stability of Office in order TO prevent the
necessity of the intervention of the executive veto,
power always viewed by the people with jealousy,
and its exercise generally with marked disapproba-
ton. BY giving 10 the Senators term OF three
years, you place them beyond the influence of the
sudden eycltements of the day, and yet leave them
sufficiently responsible 10 Their constituents. 1t is
believed that, in selecting candidates for that Office
for the term of three years, will he taken
TO secure men worthy Of the trust, than when the
lection is made TO fill the office but for the term of
one year.
By division Of the Senate into three classes, by
which portion only will 60 out each year, there
will remain majority OF old members, by whose cX-
perience the ones will { greatly benefited, and
the whole together will form saluary check upon
the more numerous branch Of the legislature. Boz
sides the Senator for three years will find greater
obligation resting uCon himself ID become acquainted
with the duties of his station, than if he were appoint
ted but for single session. of four or five weeks. As
his services and atlalnmen,s will be ,kno"n and APP
precaled by his constituents, will he be stmuIa-
ted by a laulable ambition 10 qualify himself for
faithful and honorable discharge Of his important du
ties assigned him. Thus will The conservative power
OF the Senate be madeto operate upon the government
and thus will that degree of stability in the laws be
preserved highly necessary in securing the liberty
and prosperity Of The people.
The Council have had in consideration the Judicial
system of the state. They have much to admire in
the organization of this system. The plan of COM
bining the supreme with the county courts for the tri
al of issues Of fact so far to associate Judge Of the
supreme court, has proved by experience e fulfil every
purpose which it's most ardent advocates could have
anticipated. The great improvements which the
adoption of this system has introduced in the admin
slration of justice must be apparent 10 all who will
compare It with The system by which it preceded.
But this Council believe the time has arrived when
additional advantage might be obtained by giving to
the Judges Of the supreme court greater degree ofin
dependence. This should be done by enlcrgns the
tenure Of their Office.
As this is subject fixed by the constitution, and
cannot, like the organization If courts come
der the control of legislative enactment, necessa-
rily devoves upon lis TO recommend such an improve
ment On the best reflection can give the subject,
connected with the present Improvements of the age
cannot do duty 10 the state, without, at this
time, recommending an amendment of the constiu.
ton to give to Tie Judges Office 10 be held by
them seven years from the date of their respective
elections This proposition has been brought into la-
vor with the Council by considerations, OF which
We will mention.
In no state in the union, with the exception Oliver.
nonand Rhode Island, are the judges of the highest
court elected annually.
The appointments being made by the Joint ballot
of the houses of your legislature it becomes high
ly cecessary TO place the supreme judges beyond the
entertainments of that body. We cannot expect an
impartial and administration of the laws, with
out conferrlng upon the udgesan 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 apperianing to the other. Each
should be independent Of the other. Neither should
encrosch upon the other; and, MS the judicial is n
weaker body should in he exercise offs functions,
be rendered as independent of the other as circum-
stances will admit.
1t is an attribute ofthe supreme judicial tribunals
to judge Of the consttutionaty ofa laws passed by