The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-04-23

might reserve all questions of law for tho
decision of the County and Supreme
Courts. 1t is of great Importance that
the remedy for the redress of wrongs be
within the pecuniary means of every indi-
vidual and we believe that in the trial
of such actions by referees, the rights of
the parties would bcdecided more satisfac-
torily, in less time and with much less
expense, than the same matters could,
ordinarily, be tried by jury in the County
Court.
In proposing to classify the judges of
the Supreme Court, so as to elect one
third of their number biennially, and to
extend their term of Office to six years,
the Council have been actuated by a
desire to furnish every reasonable guar
anty for the permanancy and ability of
the most important court in the State. By
the adoption of the amendment proposed
by the Council, we shall have, at all times,
majority 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
Accounts, and Bank Commissioner, be-
ing State officers, should be elected by
the freemen, in the manner provided for
the election of other State officers. I'M
pressed with the propriety Of the proposed
measure, we have presented for your
consideration, alterations in the Constitu-
ton in conformity with the views above
expressed.
1t was urged before US that evils, to
some extent, have grown out Of the pre-
sent method of appointing Registers Of
Probate, and that they should be elected
by the freemen of the respective Probate
Districts therefore we offer an amend
ment 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 branch thereof, will be made CiU0
rOce. The mode proposed would harmo-
nize more with the Independent spirit of
freemcn, and give the people an opportu-
nifty of knowing how the power dele
gated to their representatives had been
exercised.
The Council believe that section 43 Of
the Constitution is defective, and should
be amended. 1t enjoins on the Council Of
Ccnsors several duties, among which are,
to enquire whether the Constitution
has been preserved inviolate in every
part during the last scptenary whether
the legislative and executive branches
of the government have performed their
duty as guardians of the people, or as
sumed to themselves or exercised other or
greater powers than they are entitled to
by the Constitution; and whether the
public taxes have been justly laid and
collected in all parts of this Common.
wealth" the discharge of which is of no
practical benefit to the people. However
much Importance might have been at
tachcd to the discharge of such duties,
during the period of years when the gov
ernment was destitute of any efficient
checks on inconsiderate or unconstitution-
al legislation, it is apparent that by the
organization of the Senate as co-ordin-
ate aud in many respects an independent
branch of the Legislature, and the pas
sage of laws regulating and enforcing the
discharge of the duties of government Off
GERS, more efficient remedies for the evils
which the trainers of that section of the
Constitution anticipated might exist, have
been provided.
The more important duties and powers
of the Council under the present Constit-
ution and Laws relate to amendments Of
tba lap1t;4,,l,or anI tho,r 20
a Convention TO adopt the same. The
section provides that the Council shall
have power to call a Convention, "if
there appears to them an absolute necessity
of amending any article of the Constitu-
ton which may be defective, explaining
such as may be thought not clearly ex.
pressed; and of adding such as are ne
cessary for the preservation of the rights
and happiness of the people, but the
manner of 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 fire.
quent 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 call
ing Convention, which implies that two
thirds of the freemen of the State (rep-
resented by the Council,) shall decide
that there is an absolute necessity of a.
mending the Constitution, before they
call a Convention to consider of the
SAME and when the Council, in the dis
charge of the duties assigned them, pro-
pose amendments to the Constitution, and
having decided by two thirds vote to
call Convention, it would seem that a
majority at least of the freemen should
have an opportunity of adopting or re-
jecting such amendments. Ifthe popula-
tion of the towns in this State were nearly
equal, so that a majority of the towns
would necessarily represent majority of
the people, there might be no substan-
tial injustice done by submitting PROPOSE
tions of amendment of the Constitution to
a Convention composed of one delegate
from each organized town. Such, how
ever, is not the fact there are one
hundred and twenty one towns IA major
ity,) the aggregate population of which