Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-08-12

os.;.r,;or ga IN enlarge the term oi
osica of ;ndpes of the Supreme Court
.,eir salaries and also to in
on;re into the expediency OF changing the
- Of their election, have had the sub
iact under consideration, and ask leave to
submit the following report:
Under the admirable working of the
government devised by our forefathers,
experience has shown that its functions
were wisely allotted to three departments !:
the legislative, the executive and the ju-
dietary; each acting Independently of the
others in its particular sphere, except only
tial to the Conference and unity of the
whole.
Three important things are essential to
the proper and efficient discharge Of the
ment. These are, /. Superior intellectual
abilities, eminent learning and moral
purity in the Judges; 2d. Their exalta-
ton above tho reach of the demoralizing
''hneioeS "n''u a''eni upon pe' io'' u
partisan strife, and which are an inherent
evil in all popular governments; 3D. Per-
manency OF official tenure: or, as more
tersely stated by Mr.. Justice Story the
Juo'ciiry must possess "iSno'ii' i'.ii''iiE'
integrity, independence, frmness;" or, as
stated IN the forcible language of Mr..
burke III ms h'ieenohS Oh 'ile f''h'"
he'oi"''o" "'''E'r i supreme III i
9'i'e o"sht " nave ~ "''''i' a. i"'HN'"ie'
IT. lud'cld authority - constituted as nor
only not t"depcnd upon y, hut Ill some sort
70 balance IT. 1t ought 10 give security 10
ats Jnstloe against 1t" power. 1t "u2ht to
make It's JndlcAt"re' a. It WERE something
exterior 10 the state doctrine WHICH,
'u-uc' story r'thirk~' EV'ry fcFahi'c
should steadily sustain and CONSCIENTIOUS
~ iuculcate.'
BY what means this Is to be accom-
plishcd, IL the question to be solved. 1t
depends upon the mode OF appointment,
the tenure OF office, the compensation OF
the Judge. and the distribution Of the
jurisdiction condded TO the depaI iment
in its various branches, in properly con-
Stituted courts.
l.. Is To- the m'd' "l "PPo'i'' '""h'-
'''', '.''n'.''' VI :, 81 '"'' ''i''' ,''''''N
provide, that the Judges shall be appoint
I'd by the President, hv and with the adj
vice anu '''"7eHl % ''e '''h''.' LUIS
J
P'">''''ii '' ','" i''N ~ VIC ~ - amer
~ 'l''' i''s u ''''''N' t"'' very S''>' anu
'"''"'- u "'''"'i ''''' AiI'' NO i''P,S"'
- III '''''' ~ '''>
- ','' 90 wen 9"77 ',''
N"'" '''E' %, our '!''l''''' 'e'' SIM me
''''''.''''''o'' VI '',' :" ''''ii'''eh'' va ,le
'''''''' 'N ,N','''i mas oeeii '''i' ''ir''''
49,, Ir',.,, -. -, ,,.na -.
u... f,,l,,.,a l,,..x.,,,,,lo ,,f ..,,.,,,,t
constitution IN thi. r.,rtirtl,r
The advantage, Of this mode Of npu5iut-
,,,..,., .,. l..,,,.. ,..,l;..,l. At aud ,,r,,.r
j.. ....., H., ;,,.3;.i...,. a..,...t,.,.',,+
,r..., l,u.. ,l..,rl, .,...3 ~. ri,..,,....ll.,.
K.,,t. IN. i,,.,.,,,a ,.;,.,,',,s ;,,y,..;.-o.
tiou and ,,Luj-hr,..,,t ,f every. sp,.,.,..- of
fraud and ,i.la,ira and rl.. ax..,..,.,.. ot
rh,. pa,y,r uf ,,.,uu-lliu,, every MAI, r.(th..
punctul perforir.,,,ee # hi- c..n,r,,:r-.
arr. ,r,y,. duties: not II In. mus ;apu-
I,r ..L.,r,.r.r, rh,ugh The. faithful di,-
,h,r.,,.,,t Them Will most cert ami com
mani tie. i'm .iupr.b,tjon II The midi
ci.u- observer. III. ftt,st m,!. wuuld
probably have TO-, much rcsyryciu--- Of
raann.r~, and severity Of morals. t. secure
an election, resting on universal suffrage.
Nor can the mood. OF appointment by u
large deltb,ratiyc assembly be cn,i-
tied ro urgu lifted appreciation There
are tuo many occasions uud toa
much temptation for intrigue, par
" prejudice. and local interest, to per
init -Drh IL body of men to act, III respect