Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1849-11-22

OF THE MINORITY IN TIE GENERAL
ASSEMBLY, AGAINST THE ACTION
OF THE MAJORITY IN RELATION
TO COUNTY APPOINTMENTS.
The undersigned members of the Senate and
House Of Representatives, feeling aggreved at
certain proceedings of the JOINT Assembly, in be-
half OF ourselves and the people whom we repre-
sent, present he following protest, and ask that
it may be enteIed upon the journal of this Joint
Assembly.
BY the Constitution of the State it is made the
duty OF the Legislature IN joint Assembly, to e.
.cct, among other officers, Sheriff, Judges of the
County Court, Judges of Probate Justices of the
Peace, &c. In the execution of this duty the
Legislature has uniformly called to It's aid the
action oflhe Members from the several Counties,
always permitting them, and. for many years
past, requiring them, by joint rule, to meet in
County ana Probate District convention, and to
present to the Joint Assembly their nominations.
These nominations have been confirmed as
matter Of course. Such for the last hall centu-
ry, with very tcw exceptions, aud those of a char
acer to serve rather as beacons TO warn, than as
landmarks to be tolIwrd, has bren the course
ot'the Government; such the mole for executing
this high duty Of the Legislature which the splr-
1t OF our institutions, and the justice and raason
Vi the thing hrst suggested, and the practice
OF half century rlpening into an establish
Ell construction Of the constitution, has sane
toned.
This rule, loo, has met with the almost univer.
sal assent and approval OF the people, aud has
come 10 be regarded as the settled law of the
Joint Assembly, the established policy of the
State and all political parties. 1t has brought
elections as near to the people as could be, un.
der the constitution, thereby beautifully illus
tratlng the principle of popular rights and popu.
lar responsibility in its application to worn out
constitutional forms-a measure, too, of Just lib
erlty for which Vermonters have been uccus
tuned to pride themselves.
This time honored, universally approved poll
cy, for the first time during an entire generation
has be n, al this session OF the Legislature, re-,
pudaied. The members ofthe Senate and House
OF Reprc' entatves, residing in Bennington Pro-
bate District, agrceaby t., the 81 Joint Rule, had
mot in convention, and had made nomination of
the Hon Josiah Wright, of Pownall as Judge
OF Probate, and presented the same for the con-
sld7ation otthe Joint Assembly" convened Oh
the 10Th inst. This nomination was met in the
JOINT Assembly. by the presentation by al ind-
NIUuhl ie hoeTi VI tne hume CI lne non. blaCK
man E. BIownell The propriety and reasons
for this departure rom thu established rules of
proceeding and settled policy OF the State, we
attempted 20 discuss, and the qualifications of
The two candidates presented - for the consider.
al on OF the Joint Assembly" we sought to settle
through the ordinary mode of debate. The Joint
Assembly, first by its President, and afterwards
on appeal decided upon the principles OF gen
eral preliminary law, as it Is claimed, that all
debate. beyond the asking OF questions and the
statement OF facts, was a violation of order
and thus while we were endeavorIng to man
tain, as we thought. the rights of the people
tt elect their own officers and TO vindlcate our
nwn right of free debate, the baIoting was com
menced and gone through WITH the ballots sorted
and counted, aud the result ready to be announ
ccd.
1t was admitted, that no objection existed to
Mr.. Wright on the scoe OF honesty, capacity
and fidelity TO The constitution. lie was the
nominee of the members from that Probate Dis
trct; it vas understood that The popular vote in
that District indicated him as the choice of the
4eople, and yet, Mr.. Brownel was elected BY a
party majority in the joint Assembly. In so do
ing, il Is notorious and admitted, that tho ma
iorlty did nothing more, nothing less, than to
register the decree of party caucus, that the
nominations Of the several County conventions
throughout the State were to be overridden,