Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-10-19

VI the uOVeInOr OF tne state 10 Ill .. ~
D once submitted the question to the Judges
t OF the Supreme Court, who, after consider
alton, gave me their opinion in writing,
holding that the facts, as above stated, con-
stituted such 4 vacancy as the Constitution
made 1t the duty of the Governor to gil.
Subsequently, on the 2lst, day of November,
1865, appointed Hon. Lnkc-P Poland, OF
st. Johnsbury. Senator from this State in
the ,Congress of the United States. to fill
the aforesaid vacancy until the mex. meet
ing Of the General Assembly of this State.
On the 2Sth day of March, last, Hon.
Solomon FOot Senator from this State in the
Congress of the United States, died at " lash |
lngtOn in the District OF Columbia. On the Sd I
day OF April, 1866, filled the vacancy thus /
oecasioned, by appointing Hon. George F. /
Bdmunds, Of Burlington, ; nator from this 1
State in the Congress of United States, I'M
tll the meeting Of the General Assembly Of /
this State.
The loss Of both her Senators within 50
brief a period, was a calamity unprcccdcnt-
ed in the history of Vermont-unp. cccdent-
cd IN the history OF any of her sister states.
! Then long experience and distinguished
services, their rare ability and ripe wisdom,
/ their tried and uniaIling c0nstancy 70 duty
and fidelity to state and country. their
/ Christian purity and nobility Of character,
Lad won for them the foremost rank in the
/ councils Of the nation. In the fullnCss Of
their great usefulness and influence, ut
time when the needs Of the nation cried out
Tor their continuance among US, they were,
| by the decrecs of an inscrutablc but Just
Providence, called hence. Their loss seems
irreparable. Vermont. douhly honarcd by
their lives. weeps over their fresh graves,
and the nation mourns with hcr The
never fading record Of their lives remains
rich legacy of their State, guiding light
upon the pathway Of their SUCCESSORS. an
inspiration to ali.
JUDGES OF TIE SUPREME QUIT.
Hon. Luke p Poland, having on the DIST
day o, November, 1865, received the ap-
pOintment of United States Senator from this
State, resigned the Office of Chief Justice Of
the Supreme Court of Vernon; to whiclr lie
had then recently been elected The gacan-
cy occasiOned by this resignation, ! On the
30th day of November, 1865, filed by ap-
pointing Hon. John Piorpoint, Of Ye;genncs,
to be Chief Justice Of said Court until the
then next meeting Of the General Assembly.
On the same day'I also appointed, for tie
same period of time, Hon. James Barret, Of |
Woodstock, to be First Assistant Justice,
Hon. Loyal c. Kellogg, Of Rutland,
to be Second Assistant Justice,
Hon. Asahel Peck, OF Burlington, to be
Third Assistant Justice, and Hon. William
c. Wilson. of Bakersfield, to be Fourth A.
sis;ant Justice Of said Court thus leaving
a vacancy in the Office of Fifth Assistant
Justice and on the same day | appointed
Hon Benjamin II. Steele. Of Derby. Fifth
Assistant Justice of SAID Court, to ill said {
= Of 10 Al
Assembly.
srATE OF TIE COUNTRY
Since my last annual communication 10
the Legislature. the work Of roconstruc;ing
ard rcorganizing the state and local govern
mcn;s, which. for more tfan four years, had
been in rebellion against the federal auth0r-
ty, has largely engaged the attention Of the ,
executive and legislative departments Of the :
General Government and, as Is both ueces-
sary and wise in a republic IN which the cI- /
tizens are sovereign and the source Of all
power, this work has Commanded the inter r
estod and intelligent observation and criti-
cism Of the whole people Of the country. !
Unhappily for the best solution Of this :
problem Oi reorganization. the national Exc ;
cutive and the national legislature have not !
been In accord in their views of the best me
ties 10 their true relations to the federal =
Government and the work has thereby /
been much delayed, the diffculties which !
environ it have been much increased. and ! D
the southern communities have become much
more hostile than at fret to the demands Of / !
that wIse policy which would render '' trca- !
son )dious, obtain ample Socurity for the
future, and enable the Government T. re- !
deem every pledge it has made to its cFcii- :
tors, to its friends, ana to tie race which it J
has emaneipatcd. q
Tie executive branch Of the Government, T,
having inauguratcd the work OF rclrganizing a
the rchclli1uS States without seeking the an !
vice or cooperation Of Congress, has c1ntI- !
nued to insist upon it, exclusive control Of :
the work, and has denied to the legislative
branch Of the Government any share in the r
determination of tie status of the insGrgcnt !
communities, or conditions Of their rcStora- L
ton and while denying to Congress all !
right 10 Judge Of the completeness Of this ,
work OF reorganization it has conceded only
the right Of each House 10 judge of the eltc
tions, returns and qualifications Of it, own
members. This policy ASSUMES that the !
Executive has tic sole right 70 reconstruct, /
rc0rgauizc and restore 20 their former ccndi- ,
ton in the Government, the people, commu- I
mites and states which have Wagcd 4 gigantic
war against that Government and j. insists,
with emphatic iteration, thlt Congress, by
refusing 10 recognize the executive rccOns- ,
truc;iOn rs iusr, safe. cumulcte and cOnstitG- :
tional, aad at once admitting 10 seats IN the ,
Senate and House Of Representatives PER ,
sons claiming to he elected ly states thus /,
reorgani4ed, Is assuming functions which do ,
not belong 10 it, inirSctng tie Constitution,
81 las !
of the rebellion, 10 diSmcmher the Union.
On the assembling Of Congress in Deem ,
bcr last, and throughout it's last session,
that body claimed iUr itself the cJnstitut-
tional right to examine this work Of rec0nS-
tructiOn, and Judge both Of Its conditions !
and completeness. After a careful and prl-
longed Investigation, through its joint com
mittce on reconstruction, Of the conditions
OF the states lately in rebellion, the dispOsi- !
ton Of their inhabitants, and the workings
and results Of the executive method Of reOr-
ganizatiOn, it was fully satisfied that the pO-
litical and civil power in those states was,
in almost every instance, placed in the
hands Of those who, during the rebellion,
were either active in their hostility to the
national Government, or gave aid and COM
fort TO its enemies while 1t was apparent
that, without lurther conditions than the !
executive plan propOsed, those who had been
during the rebellion the bitteres. enemies OF
the national authority, would have the un-
checked and entire political control Of those
states IN tie future, and would use that
control to oppresi and put under ban those
who have never sweIyed from their fidelity
to the Union.
Congress, therefore, wisely in my judg
ment, declined to treat the States which had
coniederated in their treason against the
Government, as rightfully entitled to imme-
diate representation in the national legisla-
ture, or to be released from the control Of
the federal authority; and this decision was
evidently in agreement with the opinions Of
a large majority Of the people who had
heartily sustained the Government in Its
contest with the rebellion.
To the reading and thinking people Of the
nation, who judge by the facts and results