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

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ernor Of an unfit person, sedueed SO to do
BY the over opportunity Of interested par
ties with whom he is closely related by
ties Of kindred or of interest, the Senate
would well know that if they confirmed
the appointment they must share the res
of it equally with the Execu-
tive. And this consciousness would be
most powerful motive to restrain their
action. Indeed, these advantages OF the
proposed method of appointment have
been universally conceded and recognized
by the-wisest and best men in our coun-
try, from the organization of its govern
ment to the present time, and needed not
to have been enforced at such length
even, as we have attempted to do.
On the other hand, the motive arising
from this sense of responsibility is almost
entirely lost under a system of annual
elections in a popular assembly, and
where the responsibility. instead OF being
concentrated upon few, Is attenuated
and dissipated, by distribution, to body
so large as the General Assembly of Yer
mon.
The notion that by comforting the APP
pointment of the judges upon the Cover
nor and the Senate, the people will sur
render up, in any degree, the exercise OF
their essential sovereign power, is based
upon no other foundation than the mere
unsubstantial creation of the imagination.
1t is a function, confered by the people
for good reasons, upon their own servants,
the Governor and Senators, servants who
are required to be, by provision of the
Constitution, ''men most noted for wis
dom and virtue" and to be discharged
under fearful responsibility, that of the
abiding execration of the people while
living, and Of the historian, it may be,
after their decease, If not most faithful
ly, ably, and honestly performed.
The people are busily employed about
their personal affairs, and accommodating
a provision for old age. They say to then
best man in the State to discharge the
duties of the Office of judge, and be care
full that you discharge this duty faithful
". And to the Senators: we have en-
qualifications and opportunities to Judge
as to the fitness of persons 10 nil the office
of Judge, u act an advisory body 10
the Governor III their selection and APP
pointmente and we direct you To make
exhaustive inquiry into the fitness, in all
particulars, of such persons as the Cover
nor may nominate, and we will hold you
to u stern accountability likewise in the
performance of this important trust. l.
not this the attitude rather OF sovereigns
toward their subjects, than of menials to-
wards their lords
But there is still another aspect in
which this objection may be viewed, and
which will, if possible, still more striking
ly illustrate its utter fallaciou,ness I'm
der the present mode of choosing judges,
the people themselves do not exercise any
direct voice. They are elected by body
of representatives, constituting the two
branches of one department only of the
government. This is not, then, ques-
ton az to the surrender by the people of
the privilege of electing the judges by
their own ballots, but as to whether it is
wise To transfer the appointing power
from one class OF the peoples Representa-
the basis OF popular representation, ex,
cept, III small part, To another which
Is elected upon that basls, Il Is 10 leave
with one coordinate branch ~ The Leg
Islature the same power 10 participate III
the election OF judges 1t now possesses,
only that Its power Is To he exercised neg
atively in case its choice does not accord
with that Of the Executive And then
in place Of the other coordinate branch
of the Legislature, there is substituted
for the performance of this important
function, the Chief Magistrate Of the
whole people-the head of an entire CO.
ordinate and co-equal department of the
4oyernmcnt,-th virtually securing the
united action and concurrence of two de-
partncnts, instead of one, in the selection
of those who shall fill the offices in the
judicial department; The advantage Of
dividing this responsibility between two
departments Is obvious iii the restraint
OF the other thus preventing hasty and
unfit appointments. And il is not 10 be
forgotten that il has always been regard
ed serious objection to rcposing the
choice of judges solely III that depart
ment which makes the laws, the constitu-
tionality of which the judges who are de-
pendent upon the body that enacted
them, and on which they must rely for
the seats they hold, will be called upon to
pass
Still another thing III this connection,
peculiar To our own State, will demon
strate the entire absence Of any basis
whatever upon which to place the objec-
present frame of government, while each
voter has an equal voice in the election of
the Governor and Senators, it is far other
wise in the election of the members of
the House of Representatives. The mem
bers of the latter body, instead of being
elected by the people, in the sense of each
voter exercising an equal voice are elect
ed by a congeries, so to speak, of munich
pal corporations, each corporation having
an equal voice. The one of them, as for
instance, Goshen may have.no more than
five hundred inhabitants, while another,
as for instance the town of Rutland, has
fifteen thousand. It is plain to be seen
that under this unequal system of repre-
sentation, the five hundred inhabitants Of
Goshen may neutralize by the vote of its
representative, for Judge, the choice of