Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-06-06


trial q such actions by referees, the rights oil
the al tics would be decided more satisiacto-
rily. II less time and with much less expense
thl the same matters could ordinarily, be
t.; y the jury in the County Court.
II Proposing to classify the judges Of tho
SITromc Court, so as 10 elect oncthird ol
their number bicnnially, and to extend their
term of Office to six years, the Council have
been actuatcd by desire to furnish every
reasonable guaranty for the pcrmanency and
ability of the most important court in the
State. BY the adop ion Of the amendment
proposed by the Council, we shall have, at
all times, u muiority of experienced Judges
upon the bench, and thereby secure greater
uniformity of decision and the confidence OF
the people.
The Secretary OF State, Auditor of Ac-
counts, and Bank Commissioner. being State
| Officers, should be elected by the frecmcn
in the manner provided for the election of
other State officers. Impressed with the pro-
priety of the proposed measure,wo have pre-
scnted for your consideration, alterations in
the Constitution IN conformity with the
views above expressed
1t was urged before us that evils, to some
extent, have grown out of the present
method of appointing Registers of Probate,
and that they should be elected by the free
men of the respective Probate Districts there
fore we offer an amendment in favor of the
latter method, and recommend the same to
your deliberate consideration.
We have also offered an amendment to
the Constitution by which, if adopted, all
elections by the General Assembly, or by
either branches thereof will be made rird
roce. The mode proposed would harmonize
more with the Independent spirit of freedom,
and give the people an opportunity of know
ing how the power delegated to their repre-
sen'atives bad been exercised.
The Council believe that section 43 of the
Constitution is defective, and should be a
mended. 1t enioins on the Council of Censors
several duties. among which are, to "inquirc
whether the Constitution has been preserved
inyiolate in every part during the last sep
tenary; whether the legislative and eXccu-
tive branches of the government have per-
| formed their duty as guardians of the pcO-
| pie or assumedtO themselves or exercised other
or greater powers than they are entitled to
| by the Constitution and whether the pub
lie taxes have been justly laid and collected
in all parts of the commonwealth - the dis
| charge of which is Of no practical benefit to
the people. However much Importance
might have been attached to the discharge
OF such duties, during the period Of years
when the government was destitute of cilici-
cnt checks ON inconsidcratc or unconstitu-
tional legislation, it is apparent that by the
organization of the Senate, ass coordinate
and in many respects an Independent branch
Of the Legislature, and, the passage of laws
regulating and enforcing the discharge OF
the duties of government officers, more
efficient remedies for the evils which the
trainers of that section Of the Constitution
anticipated might exist, have been provided.
The moro important duties and powers of
and laws relate to amendments Of tho Can
stitution and their mower to cnllo Convention
to adont tho same Tho sort;nn nrovidos
that the Council shall have ,,,yor to call a
Convention. s,lf there anpcars To them an nh
solute nccessitv of omnndir,, onv ,rt;clos Of
the Constitution which r,,y ho dor,rt;ro ov
rln;ninr such ns r,nv ho th1n,,,.t n,t cInorIv
| expressed and OF adding such as are ncccs-
sarv for the preservation Of the rights and
| happiness of the people :" but the ;manneriol
calling the Convention and the number of
delegates Of which it shall be composed rest
entirely in the discretion of the Council In
order to prevent frequent and unnecessary
amendments and alterations of the Organic
Laws of the State, the Constitution wisely
provides that two. thirds of the whole number
of the Council elected shall agree as to cal
ling Convention, winch implies that two
thirds OF the irccmen OF the State (rcpresent-
ed by the Council) shall decide that there
Is an absolute necessity OF amending the Con
stitution, before they call Convention to
consider the same and when the Council, in
the discharge of the duties assigned them,
propose amendments to the Constitution, and
having decide dby twothirds vote to call q
Convention, 1T would seem that majority, at
least of the ircemen should have an opportun
ity OF adopting or relecting such amendments
were nearly equal SO that majority OF th'
towns would necessarily represent a majority
of the people there might be no substantial in
justice done by submitting propositions
amendment OF the Constitution to Conven
tion composed OF one delegate IRON each or
gained town. Such, however, is not the fact
there are one hundred and twenty-one town.
I majority, the aggregate population o
which is less than one third OF the population