Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1864-10-21

in the bounies which were being so literally
offered by the towns for recruits. In this, with
but few exceptions, they were disappointed, and
were compiled to submit to the manifest in
Justice of seeing the liberal bountes paid 10
mpn inexperienced in the service, while they,
war-worn and veterans, having originally res
uonded 10 the calls Of their country without
reward, and having by their gnllantry won for
The State an imper;shabls aud glorious record
were obliged TO return TO their service unre-
Quilted.
| would therefore recommend the passage of
an act authorising the payment of suitable
bounty TO all these re-enlisted men who have
not already received bounty from the towns
to which they are credited.
TOWN BoUNTIEs.
The subject of the payment of bountes by
the towns demands a careful consideration at
your hands. Some sound and iudicous legis-
lation is required in order TO check the evil
tendencies Of the present system, and to pre-
vent the excessive extravaganza and ineqnai-
ties which are working so much mischief and
injustice in the State. A proper regard TO
the public interest, in my view, requires that
these bounties should he kept within the control
of the State, as, in this way only, can q uni
form system be secured. 1t is also a subject
for you to consider whether the bounties thus
paid by the towns shall, upon some equitable
basis be assumed by the State. l allude to the
subject, however, at this time, not designing to
make any recommend alton, but simply to direct
your attention to it, leaving it TO your better
judgment to dispose of.
LAW AUTHORIZING TIE GOVERNOR TO SUMMON
THE JUDGES OF THE SUPREME COURT TO HIS
COUNSEL WHEN NECESSARY.
There is no law at present existing by which
the Executive is empowered TO call upon the
Supreme Court of the State for an opinion in
cases affecting the interests of the State and
involving important legal questions. Such
cases are not of unfrequent occurrence, and the
responsibilities thus devolved upon the execu-
tive are very great and oitentimes EXTREMITY
embarrassing. Similar provision is made by
law in other States, and it is made the duty of
the Judges OF tse Supreme Court TO render
opinions when called upon by the Executive
in all cases affecting the general interests of
the Commonwealth. Such u law, doubt rot.
would he very salutary here, and especially in
the present state Of affairs, and the interests Of
the State thereby greatly promoted. / would,
therefore, respectfully suggest that law be
passed making it the duty of one or more of
the Judges of the Supreme Court whenever
called upon TO do so by the Governor of the
State, to render an opinion in writing. if neces.
sary, upon such questions as may be submitted
to them affecting the general interests of the
State.
LAW PROVIDING FOR SOLDIERS VOTING.
The law passed at your Inst session providing
for soldiers voting contained a provision that
the "act shall not take effect until the Cover
nor submit the same to The Judges of the STU
preme Court with the inquiry, Are the provi.
Slons OF this act constitutional? and until the
Governor has obtained in writing the opnion
of the said Judges ihereon; and if said judges
decide that The provisions Of the act, or certain
parts thereof, are unconstitutional, then the
same or such parts thereof as said Judges shall
decide are unconstitutional. shall be null and
void, and the residue shall remain in full force
and virtue"
In pursuance of this provision | submitted
the act to the Judges of the Supreme Court
with the the inquiry specified.
The Judges OF The Supreme Court replied to
the inquiry, giving full and unanimous opin-
ion in writing, deciding the act so far as il re-
lates TO the right OF The soldiers TO vote for
members of Congress and Electors of Presi
dent and Vice President Of the United States,
to be constitutional. butuhat so much OF said
act as confers the right to,vote for Governor.
Lieutenant Governor, and Treasurer of this
State, was unconstitutional. So much of said
act therefore as relates to the right of soldiers
TO vote for.members of Congress and Electors
OF President and Vice President of the United
States was declared TO be in full force and VAL
ne.
L therefore caused to be prepared suitable
and proper blanks and forms making the nee
essary returns to the proper officers and for
warded to the several organizations in the field
from this State in season for the soldiers to
vote for members of Congress at the regular
election for those officers.
There some amendments to the law
ghOuII inn 1intn
The law now provides that the election for
electors 'tO'be held on the first Tuesday of Nov
ember, each elector authorized TO vote by this
act Shall have the right to vote for electors.
The election for electors is by law to Le held
on the Tuesday next after the first Monday of
November, instead OF the first Tuesday. This
error should be corrected TO conform to the
proper day.
Section eleventh Of this act provides that
the Secretary OF State shall return said votes
to the General Assembly, to be canvassed the
same as provided in reference TO votes for the
same officers cast in this State"
BY the laws OF this State the County Clerk.
"shaIl meet at the State House, in MONTPELIER,
on the third Tuesday of said November and
there publicly canvass said votes" The Law
should be so amended as to provide that the
Secretary of State shall return the votes for
electors to the board Of canvassers when as
sembled.
Precision should alsb be made for QUALIFY
ing the electors. According 10 the present
provisions of the act, only qualified electors are
permitted to vote.
As there are many now in the military ser
vice of the United States from this State who
have, since entering the service. arrived at le
gal age, they should be entitled to the priyi-
leges OF tue act, and provision should be made
giving authority 10 special constables to admin.
lister the necessary Oaths.
Provision should also be made piping TO VOL
unteer officers having commissions from the
United States authorities, who are citizens of
this State, the right to,vote at the polls of any
company from this Stale in the brigade. dyi-
sion or corps 10 which they may be attached.
would therefore recommend that the net he
amended in these respects at an early day, that
proper instructions and blanks may be forward
ed to the held in season for the approaching
election.
herewilhtransmi iheopinon 81 the Judges
ol The supreme Court upon the question OF The
cepstilutionality of the law.
LAND scRtr
The agent appointed under the act providing
for the sale of the land scrip approved Noyem
Der IL, 1868, has effected a sale of the same
The proceeds of said sale amount to the sem Of
one hundred and twenty-six thousand two hur-
bred and forty-one dollars and forty cents
wbica has been duly invested in the bonds Of