The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1856-05-24

TED bv :he people. lhiS has iprome so cree,
an evil As 10 fr almost universally felt ana
complained OF hv usinrss men: even m+r
who make the study OF law their proiessicr
are ron'I tlltd u.any times 10 l,nk over YEA.
OF enac'mrnfs 10 ascertain What the law real
~ IS. he adoption of biennial sessions of
the legislature woud rcun,lv many of the
evils complained o., giving the people time
and opportunity to read AMI understand and
test tn" utility of laws. before they are strick-
en- from our statute hook~.
The Council have pro, osed an article of
amendment tp the Constitution under which
the General Assembly will have powpr IN
authorize County Courts. on application of
either iariv. 10 refer such civil suits, a. in
u'c opinion u. such court are proper 10 he
referred under such regulations IA they d.
rect No enrroachmrnt should be- made On
The right OF triai by jury in prosecutions for
criminal oiicnse> and the rsht bv inrv.
should be preserved inviolate: still il is be-
Iic.ed that MANY ra,I>,.s of action arise oa a
nature which cl.t lt tried hv referees
more IN accordance with the inst right of par
ties. In proposing this amendment We have
NOR" particular reference to actions OF ebert
iiient and irr>r,a>s in the trial of which. IN.
r"i"rcrs should. generally. 90 upon the land
or IN the vicinity VIII, r., the cause of action
a;o>e and hear the testimony and make per
'ohai eXamIua'!On nt monuments and lai.d
marks. which would enable them 10 find tho
facts and decide th, matters IN dispute and
al me same time the parties might reserve all
questions OF law for the dcc'son of the Conn.
~ aud Supreme Courts. II is of great i'm
portance that the remedy for the redress of
wrongs bc within the pecuniary means of ev-
cry individual: and We believe that in the
trial OF such actions hv referees. the ri-ht of
the parties would be decided more saisfarto
rliy, IN less time and with mnch lees expense.
than the same matters could. ordinarily. he
tried by jury in the County Court
In proposing to classify the Judge. Of the
supreme Court. so aS to elect one third Of
their number hrnnially. and 10 extend their
term OF Office to SIX wears, the Council have
been a'tuated hv desire 10 furnish every
reasonable guaranty for the pernlan-nrv and
ahiity of the most important court in the
State. By the aiop,ion of the amendment
proposed hy the Council, We shall have. at
ali tIme,, majori'v of experienced Judges
upon the bcnrh and thereby secure greater
uniformity of decision and the confidence of
the people
The Secretary of State. Auditor of Ac-
counts. and Bank Commissioner, b.in. State
Oilicer>, should be elected bv the frremen.
in the manner provided for The election of
othe- State officers. Impressed with the
proprirtv Of The proposed measure, We have
presented for your consideration. alt-raticns
IN the Constitution in conformity with tl,s
views above expressed
IL was urged before us that evils, 10 some
extent. have grown out OF the present method
OF appointing Registers Ct Probate. and that
they should he elected hv the frpeg:,en of tbs
respective Probate Districts: therefore va
offer an amendment IN favor OF the latter
method. and recommend the same to your de-
lihrrate consideration.
We have also offered an amendment 10 the
4 Constitution hv which. if adopted. al. elec-
tions hy the General Assembly. or bv either
branch thereof will be- male ,ira ,,r-e. The
mode proposed would harmonize more with
the Independent spirit Of frepmen. and give
the people an opportunity Of knowing how
the power delegated to their representatives
had been exercised.
The Council believe ,ha. section - of tb.
Constitution is defective. and shouid Zoe A.
mrndcd. II eninr,> on the Conn,il Of Cen
Sors several dufir>. anon. whi~h are. IN ..iu
Iuire whether the Constitution has been pre-
served in'i"late IN every part during the
last .eI'frnarv whether the legislative ard
executive branches OF the government ha,.
performed 'h"Ir duty As guardians Of n q
people, or a>>i. I'D to themselves or ex.r,i.
Ell other or "rta powers than ihev are en-
titled fo hv III. Constitution and whether
the public taxes have been usilv lard and rol-
ircted III all parts of its COMMONWEALTH :" the
discharge of which is of no ,,rartiral benefit
ia the people. However much inn orta,r e
might have been a'fa, he'd to the d,s harre
oi such duties. durin. the period OF wears
when the government was destitute Of eff
rient checks "n inconsid-rate or un,on,fi.u
tionai legislation. ii Is apparent that hv the
organization. of the Senate. AS a co-orlina,r
and IN many RESPECTS an independent bran
"i thr legislature. and the passage OF laws
regulating and .rforrin. the discharge OF the
duties oi government officers. .nore efiici~n,
remedies for the evils wh,,-h the franwrr of
that section Of the Constitution anticipated
might exist. have been provided.
, The more importan, duties and powers of
the Council under the present Constitution
and laws relate 10 amendments Of the Consti
tuition and their power 10 call Convention
TO adopt the SINE. The section provide.
: that the Council shall have power to call ,
Convention. ''if there appears TO them an ab
soiu'e neres>i'v OF amending any articles of
b the Constitution which NAV b,. defective, ex
$ planning surh as may he thought not clearl,
z expressed; and OF adding such as are neces
: sary Tor the preservation OF the rights an,
/. HAPPINESS "t the people" but the manner of
P calling the Convention and the number Of
: Delegates OF which il shall be composed res
entirely in the discretion of the Council. I,
: order to prevent fr, qurnt and urInece.sar,
: amendments and alterations of the Orcani,
D.. Laws "f the State, the Constitution wisel,
/. provides that :wo-thirds of the whole mum
Der OF the Council elected shall agree As tt
calling Convention, whirh inn lie, tha
two-thr'is ri the frer:nen Of the State (rep
resented by the Council shall desi.ie tba
there Is an absolute necessity OF amendlp.
, the Constitution. before they call Conven
ton to consider the same: and when tn,
) Council, in The discharge of the duties as
signed them, propose amendments to III.
CONSTITUTION. and having decided by two
; thirds vote to call Convention, it would
, seem that majority. at least, Of the freemeu
Shou'a have an opportunity Of adopting o,
rrJecfing such amendments. Ii the popula
ton OF the towns in this State was nearly O.
quail. so that majority of the towns would
necessarily represent majority of the peo
Pile. there might he no substantial injustice