Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-08-10
FRIDAY, AUGUST 10, 1855.

sons so appointed shall receive rea-
sonable compensation. And the first
election shall be held at such time
and places, and lie conducted in
such manner, both as TO persons who
shall superintend such election and
the returns thereof, as the Governor
shall appoint and direct: and he
shall at the same time declare the
number Of members of the Council
aud House OF Representatives to
which each of the counties or dis
tficts shall be entitled under this act.
The persons having the highest
number OF legal votes in each Of
said Council districts for members
of the Council, shall be declared by
the Governor to 6e duly elected to
the Council and the persons having
the highest number of legal votes
Cor the House of Representatives,
shall I've declared by the Governor to
be duly elected members Of oaid
House Provided, that in case two
or more persons voted for shall have
all equal number Of votes, and in
case a vacancy shall otherwise occur
in either branch Of the Legislative
Assembly, the Governor shall order
a new election and the persons
thus elected to the Legislative As
sembly shall meet at such time and
place as the Governor shall appoint,
&c.
This section gives the executive
discretionary and plensry powers
touching elections. 1t gives him en-
tire control over the elections as to
the time and manner Of holding them.
He could have had the election ear
lier or a year hence-the organic act
fixes the number TO he elected, and
trusts the legality of their election
to the executive.
The act declares that the Governor
after appointing the time aud place
of holding the election, shall appoint
and direct the manner of conducting
the election, both as to the persons
who shall conduct the same and the
returns thereof. In a democratic
government, in a seli-government,
where the people themselves rule
through their representatives by them
elected, it is necessary there should
he some legality, some established
form, by which the people shall elect
those to represent them. Every
State and every Territory in this
'Confederacy is an independent and
distinct government 10y ltself-in
that government each individual has
the same voice in the election Of
those to rule over him and that this
may be secured the purity OF the
ballot box must be maintained il
must be fortified against repeated
voting Dy Tie same individual il
must be fortified against G"--'o" dnd
spurious voting. This can be effect
cd in no way except by appointing
men to superntend such election ;
aud by prescribing some test os qua
llhcatiOn, and some form by which a
true return of the election can be
made to the proper authority. I'm
less this can be accomplished, the
government - not democratic one;
the people are not sovereign peo-
Pile. But the organic act has provd-
ed for all this {; II has fixed the quail
lficatious of legal voters; ii has
gwen the Executive the lower TO
direct a mode of conducting the cleo
ton, and the manner of conducting
the returns thereof, which are TO be
made to him. This is expressed
clearly and unequlvocally in the act
itself. The act does not say he shall
appoint Judges Of election who shall
direct form of returns, but that he
himself shall do this. lie is TO pre-
scribe the form, and the judges shall
make the return according TO that
form, or else il is no return. Read
that sentence over again there is
no ambiguity the meaning is plain
The language is unequlvocal. ! can
not see how honest men, If they are
intelligent men, can construe this IN
more than one way.
place great stress upon this
clause. All power exercised by the
Governor in ordering new election
is contained in this clause. IL ht
has power to prescribe form of re-
turns, then he is not bound TO REGARD
them unless made out according I,
the form by him given, unless The
form prescribed be conflicting will
the organic act. Accepting these
low and my premises are no asser
ton; all is expressed in plain Eng
lish. Now ! hold, Sir, that it is lht
duty of the Governor, and made 81
by The act itself. TO direct the Judges
of election whom he appoints, TO su
perIniend The same, TO make out tC
him the returns of such election ac
cording TO some form which viii
show the legality or illegality of sucl
election. His further duty makes
this an inevitable requisite in ordeI
to secure the purity Of the ballo
box. Without this, fraud of every
description may be committed with
out detection.
| consider this point established
Sir, sufficiently clear for all whose
eyes are not blinded to the truth.
Again: he shall declare those re,
ceiying the highest number of legal
votes duly elected Now this legal
iiy must be determined by the re
lurns.' The Executive has no pow