Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1843-01-27
From the Waterman and State Journal
CONVENTION TO AMEND THE
CONSTITUTION.
Tuesday, Jan. 10.
prover NV Rev. Mr.. Gridley.

Election of Justices Of the Peace.
Mr. Hunt introduced resolutions adopt
ing distinct portions Of the amendment on
the election of justices of the peace, viz list,
providing for their election by the towns
and I'd, the clause limiting the number Of
justices.
These resolutions were laid on the table,
and on motion Of Mr.. Wright the conven-
ton went into committee Of the whole, Mr..
Clark of MiddIetown in the chair, Oh the
seventh resolution of Mr.. Eaton, which de-
cares that it is expedent to adopt the sew
enth amendment, on the election OF justices
peace by the people.
The debate was opened ably by Messrs
Wbittemore of Milton, and Lyman OF Ben
ninpton in favor of this resolution, followed
by Messrs. Galusha, Barlow, Dexter, and
Needham. on the same side. The argument
started from the broad principle that the
people are capable of self-government, and
that the public safety required all power to
be directly exercised by them, save where
necessary to be delegated. In this case such
a necessity was denied, and as matter OF
policy and expedency, it was urged that
the amendment should be sustained. Prac-
tically, it was urged that the appointing
power was in the hands of one man from
each town that from personal and party
considerations the power was abused, result
ing in vast number of magistrates, many
of whom were incompetent, and not lew
corrupt-thus diminishing the respect OF
the people for the magistracy, and lncreas-
ing the means Of litigation. These evils 1t
was argued, would none of them be increased
by restoring the appointing power to the
people; the Limitation of the number of
magistrates would lessen the inducements
now held out for them to purchase business
by working cheap, if not to say for becom-
ing the magistrates of the lawyer or the party
employing them and arguing from the ack-
nowledged responsibility of the officers now
elected by the people, such as selectmen, 1t
was said that the character of the magistrates
would be raised, and the services of better
and more competent men would be secured.
This consequence was deemed sure, from
the consideration that the people, of all par
ties, would naturally always regard the pub
lie good-it being their own interest to do
so. 9
Messrs. Smile, Hunt and Cahoon opposed
the resolution, taking the grounds that the
people had not required the change, and
that whether one mode was really more re-
publican than another, imposed no obi
CATION upon them 10 set against the will Of
the people, which they said was expressed in
the constitution under which the people had
lived, without complaint, for fifty years. 1t
was objected by some that the magistrates
were county officers, and the people Of the
whole county, should, therefore, have some
supervision over their appointment, as they
now do and also that it was proposed to
elect them by a bare plurality of votes, thus
coniravening the democratic principle that
the will of the majority should prevail The
large number, distributed over the towns,
was urged as convenience to the people,
and it was denied that the magistracy de-
served the bad character which had been
assigned to them.
In the course of the debate, there were
some personal and party hits of pretty
sharp character, cutting both ways, however,
as men of both parties were found on DIFF
ferent sides. Mr. Whittemore took the oc-
casion to arraign Mr. Van Buren,, as well as
some very prominent Van Buren, men of our
own State, with portion Of the Wings,
who, he tho't, on the occasion, had departed
from the republican platform; and Mr.. Bar
low (loco) significantly limited that he began
to find that there we're about as many true
democrats in one party as the other and in
reference to some Of his political friends,
said he was not content that they should
conceal their own opinions behind the al
lodged opinions of "the people"
Messrs. Fullam and Chandler explained
in points on which they claimed to have
been misrepresented, without taking ground
for or against this amendment, and on mo-
tion of Mr.. Story the committee rose and
reported progress. Adjourned.
2 o'clock, P. NJ.
Election Of Justices Of the Peace.
On motion of Mr.. Austin, the convention
went into committee Of the whole, Mr. Need
ham in the chair, on the seventh resolution,
and the debate was continued by Messrs. Aus
tin and Fuilam against the resolution and
Messrs. Kidder Of Braintree and Field of
Newfanesin support of the resolution. The
objections generally were that by the pro-
posed amendment, the people would have
less power in the appointment of Justices
than they now have, as minority might
elect; that the people at large, in the coun-
~ and State, where the justice has jurisdic-
ton, are cut off from the power of reaching
any magistrate, as he would be responsible
10 his town only; that popular prejudces
or excitements would sometimes be against
the law, aud the Justice be warped by that
consideration in his judgment; that the
people would be limited as to the number to
be appointed and finally that there was no
reason to suppose that the change would at
all improve the character or qualifications of
the magistrate, as from the mode of election
the people would generally adopt any ticket
presented, without particular examination