Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-07-21
RUTLAND HERALD.
TUESDAY, JULY 10, 1864.
The soldiers, Ye,ing Act

tng one or the prominent Vrails vi i"o"-
III lem aev that we would clam the
indulge ne le public to its farther
consideration. The character of this
Soldier Voting Act exhibits but TOO
plainly throughout from its inception
to its completion, The tendency OF the
democratic spirit o. me times, which Is
to assume the aggressive upon whole
some and necessary constitutional res
trictions. The feeling seems to be that
whatever is gained from the constitu-
ton towards the unrestricted wishes of
the people, is so much clear gain;
whereas, it would be far safer TO society
that quite the opposite feeling should
prevail, namely, that whateyeris gained
from the people, towards a careful,
Jealous, religious respect for their consu- .
tuition, is so much clear gain to their
liberties. Instead of INDUCING in spe-
cial pleading against the constitution, 1T
would be wise, perhaps in us, the people,
to evince some anxiety in seeking argu-
ments for its support.
If our state constitution were like q
throne, surrounded by bayonets, and
like the people, could also be aggressive
and oppressive; or, like the constitu-
ton of the General Government it had
long been subject to popular and vio-
lent Interpretation destructive of our
liberties, crushing human interests like
the Juggernaut, then indeed, some lati-
tude might be allowed to arguments in
opposition to it, but so long as moral
force is its only protection, it should be
guarded as carefully as the Ark Of the
of the Covenant itself. Every one is in
terested that it should suffer no harm.
With respect to the opinions Of the
Supreme Court of the state, we know Of
no rule or principle by which we should
abstain from discussing their Legislative
action; and as to their judicial charac-
ter, we have, unfortunately, precedent
In the Supreme Court of the United
States, by which it is seen that even the
Judiciary department may not be infall-
BILE. The truth is that when the flood
Of democratic interests and passions is
at its height, the judiciary and the con-
stitution itself, are both swept along in
Its turbid waters towards general
ruin. Nothing but earnest care and at
tention on the part of the people will
save us from such calamity. The art
of governing must be studied somewhere
else tkan in newspapers, or in the decis-
ions of the Supreme Court of some new
telegraphic wires, if we seek to be gov
erned wisely and well.
Returning to the constitution OF Yer
mont, we may say that an obvious rule
of Interpretation of any instrument
whatever, is, that the object of the in
strument shall not perish. Now the OBJ
ject of our state constitution with re-
gard TO the tenure Of all civil Offices is,
that that they shall all be held for the
term Of one year, no more, no less. Yet
he Soldiers Voting Act appoints con-
stables whose term of Office Is indefinite
depending upon the contingency wheth
er the three ranking Q5GcerS Of each company
(such number of officers, by the way
are seldom present in actual service,
hold their military commissions for 6
longer or shorter period. The same Of
ficers might thus hold their civil Office
OF constable fer three or more year.
without an intervening reelection or re
appointment. Nor are these civil off
GERS elected or appointed in the usua
way prescribed by the constitution, bu
they are appointed directly by the &C
itself the legislative power thus assum
Ing to itself the appointment to office
And not only does it do this, but it ais
delegates the power of appointing clerk
to its own appointees! The next ste
we may hear of perhaps will be tina
Governors themselves are elected b
special enactment!
1t is true that the constitution In
poses upon "THc Constable" certain civ
or political duties in elections, but
did not create the office, nor was 1t cre'
ted for that purpose. The office OF
constable was never designed to trav
out of state and accompany the PEI
ple thereof in their wanderings ov'
sea and land The evident design
the constitution is that tlfe people sha
elect their own constables; and wht
absent from the parent state as en-
grants, or otherwise they are the be
Judges as to the necessity for the ofiit
One of the clauses of our constitute
assures to every freeman the right
vote and to be voted for, or in 9th
words $50 elect officers and to be elected
Office" Now no one will pretend,
presume, that person absent from
state has right to elect officers and :
not the - '. - 'ito otsce. u
II soldiers have right to be elected
to civil Office, then they have a right
all the usual means and appliances n
-, Ill